[Deathpenalty] death penalty news-----TEXAS

[Rick Halperin]

Feb. 21


TEXAS:

Convicted killer of U.S. couple set to die Thursday evening


A 30-year-old man faces lethal injection Thursday evening for the slayings
of a couple in 1999. The bodies of Frank Cobb, 71, and his 61-year-old
wife, Bertha, were found in the rubble of their burned home, which
authorities said Newton Anderson torched.

The execution would be the 5th this year in the United States' busiest
capital punishment state and the 1st of 4 scheduled over the next 2 weeks.

Lawyers for Anderson asked the U.S. Supreme Court to review his case and
block the punishment, but prosecutors said the case against him was
airtight.

"Absolutely no doubt, scientifically no question," said Matt Bingham, the
Smith County district attorney who prosecuted Anderson.

Anderson had an extensive criminal record. In California, he received six
years in a juvenile lockup for burglary and auto theft but escaped after
serving less than two months. In Texas, he had been jailed for domestic
assault and burglary and twice was apprehended trying to escape jail while
awaiting trial on the capital murder charge.

On death row, he was caught trying to cut his way out of his steel cell.

Anderson said he was living on the streets before he was a teenager to get
away from his alcoholic father and stepmother in Pittsburgh, California,
lived in tents with other homeless folks and turned to burglaries to
support himself and his street friends, taking not only valuables but also
food from home freezers.

Carolyn Sanders, whose mother and stepfather were killed, planned to be in
Huntsville, Texas, to witness the execution "just to see that it's ended."

"If you actually see it, then you know it's over and done with and that's
the end of it," Sanders, 52, said. "I'm not anticipating him saying
anything to us."

The next Texas inmate scheduled to die is Donald Miller, condemned for the
fatal shooting of 2 men during a 1982 robbery in Houston. Miller, 44, set
for injection Feb. 27, has spent more than 24 years on death row, making
him among the state's longest serving condemned prisoners. 2 more
executions are set for the following week.

On the Net: Newton Anderson http://www.deathrow-usa.us/newton_anderson.htm

Texas Department of Criminal Justice execution schedule
http://www.tdcj.state.tx.us/stat/scheduledexecutions.htm

(source: Associated Press)

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DPS officials were told of lax lab security----Audits identified problems
with the handling of drugs before last week's arrest for theft


Texas Department of Public Safety officials were aware of security
breaches in the handling of their drug evidence as recently as 2006 and as
far back as at least 2003  problems such as failure to log evidence out of
storage, containers of marijuana left open and the lack of a monitoring
system for a high-security drug vault  according to the agency's internal
audits.

The revelation about the warnings comes in the wake of last week's arrest
of a technician at the state's Houston crime lab after a DPS investigation
discovered he apparently had been for years selling cocaine smuggled out
of the lab.

Jesus Hinojosa Jr., 30, has confessed to stealing the cocaine. He remains
jailed on the charge of the delivery of a controlled substance. In a
jailhouse interview with the Houston Chronicle, Hinojosa said it was easy
to smuggle the drugs.

About 26 kilograms, or about 57 pounds, of cocaine are missing from the
Houston DPS lab in Jersey Village, authorities said.

In the DPS' internal audit of the Houston lab in June, inspectors noticed
problems concerning the handling of evidence  problems similar to ones
documented 3 years earlier.

DPS officials downplayed the problems cited in the audits.

"As audits reveal that additional security measures are needed, they have
largely been implemented," said DPS spokeswoman Tela Mange in a written
response to questions from the Chronicle. "Additional measures will be
implemented as a result of the (Hinojosa) incident."

But the chairman of the Texas Senate's Criminal Justice Committee, Sen.
John Whitmire, D-Houston, urged all crime lab officials in Texas to take a
hard look at their operations, though he stopped short of calling for a
statewide investigation of DPS labs.

"I need to see a little more emotion, a little more urgency about this
problem from the DPS officials and those who depend on this evidence, be
it a prosecutor, judge or police agency," Whitmire said. He added that he
plans to meet with DPS officials about the matter.

Drug transfers not reported

In the 2006 audit of the Houston lab, in response to the question of
whether the lab had a secure chain-of-custody record  crucial for
presenting evidence during prosecution  the inspector wrote that "evidence
transfers are not always entered into the laboratory database as required
by policy." Additionally, "some (lab workers) conduct analysis without
documenting their possession of the evidence." In other words, lab workers
were able to remove evidence from storage without reporting that they had
done so.

Three years earlier, a DPS audit of its Houston crime lab turned up
similar problems. Evidence in the lab's drug vault "were found be lacking
the date on the seal," the 2003 report stated. "This violates DPS
Laboratory policy as well as accreditation requirements."

The 2003 inspection of the Houston DPS crime lab also criticized the
backlog of evidence  some of it 10 to 15 years old  that should have been
destroyed.

Austin lab problems, too

The documents show that the problems aren't unique to the Houston lab.

In a 2004 DPS in-house inspection of its Austin lab, investigators took
issue with the handling of evidence in the bulk marijuana storage vault.

"(N)umerous bundles of evidence had not been sealed after analysis," the
report states. "Cuts into the bundles were made at the time of the
examinations and there were no attempts to seal the openings. Marijuana
could be removed without detection from these bundles."

In the Austin lab's main evidence vault, the seals on bundles of marijuana
were not initialed and dated, according to the report. Additionally, in a
draft version of the 2004 Austin lab audit, inspectors reported problems
with what was described as the "high security vault" used primarily for
storage of cocaine seizures. The report said that the vault "was not being
monitored by security personnel on a regular basis."

In 2003, internal audits also found problems with the security and
integrity of evidence at DPS labs in Austin, El Paso, Waco and Lubbock, in
addition to Houston.

All the internal audits were conducted by, among others, DPS lab
supervisors from other cities around the state. The reports were sent to
numerous DPS officials, including the DPS Commission, according to the
agency spokeswoman.

When asked if any attempts were made to determine if the problems
mentioned in the audits had resulted in compromised evidence and what
corrections had been made, Mange replied, "That is part of the
investigation going on right now."

Harris County DA confident

District Attorney Chuck Rosenthal still says he does not think the
integrity of Harris County criminal cases will be affected because his
prosecutions rarely involve evidence from the Houston DPS lab.

According to DPS, the Houston crime lab handles evidence from law
enforcement agencies in the nearby counties of Walker, Trinity, Polk,
Tyler, Jasper, Newton, Grimes, Waller, Austin, Wharton, Matagorda,
Brazoria, Fort Bend, Galveston, Liberty, Chambers, Hardin, Montgomery and
San Jacinto. However, the agency does occasionally analyze evidence for
agencies in Harris, Orange and Jefferson counties.

Whitmire continues to disagree with Rosenthal's assessment. "I'm just
amazed when one of these problems is discovered, everybody says it's
unique to that lab, or really doesn't affect that many cases," he said.
"One case is too many."

In 2003, the Legislature gave DPS the responsibility for monitoring the
accreditation of crime labs in Texas after widespread problems in the
Houston Police Department crime lab. In 2005, legislation was passed and
signed creating the Texas Forensic Science Commission, but the would-be
watchdog agency has yet to be funded.

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

Witness says, 'I just turned my back'----Killer's girlfriend at the time
says she did nothing to stop the contract hit on Atascocita woman


A woman who says she knew her boyfriend and another man planned to harm
Farah Fratta wept Tuesday as she admitted doing nothing to prevent
Fratta's murder.

"I just didn't want any part of it," Mary Gipp McNeil told jurors. "I just
turned my back."

McNeil, of The Woodlands, testified in the capital murder trial of Howard
Paul Guidry, a former neighbor who is accused of being the trigger man in
the 1994 slaying of Fratta.

Guidry, 30, was sentenced to death in 1997. A federal judge overturned the
conviction in 2004, ruling that Guidry had been tricked into confessing
and that hearsay testimony had contributed to the conviction.

Harris County prosecutors are again seeking a death sentence against
Guidry, who has pleaded not guilty. His attorney, Tyrone Moncriffe, and
prosecutors said they expect testimony in the trial's guilt/innocence
phase to be completed today in the court of visiting Judge Doug Shaver.

The victim's husband, Robert Fratta, and another man are on death row for
their roles in the hired killing. Prosecutors said Fratta, who was a
Missouri City public safety officer, hired Joseph Prystash to kill his
wife and that Prystash hired Guidry to help him.

Farah Fratta was found shot to death at her Atascocita home on Nov. 9,
1994.

McNeil, who was Prystash's girlfriend at the time, testified that she knew
about the plot but didn't tell police or try to stop Prystash from going
through with it. She later told her brother that the pair had killed Farah
Fratta, she testified.

McNeil said Prystash emptied spent shell casings from a pistol in her
bedroom the night of the shooting, hid the gun among his clothes in her
bedroom and then threw the casings in her kitchen garbage can.

She said she retrieved the casings and later threw them in a garbage can
at a shopping mall.

She also wrote down the serial number of the .38-caliber pistol because,
she said, she knew police would need the evidence. She gave them that
information later and was granted immunity from prosecution on condition
that she tell police all she knew about the killing.

Prosecutors said Guidry was arrested with the gun that was used to kill
Farah Fratta.

(source for both: Houston Chronicle)

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Victim's group open to death penalty for worst sex offenders


A victim's advocacy group that has opposed the death penalty for
second-time violent child molesters is softening its stance, saying it
would likely be a rare situation and left up to a prosecutor to decide.

The Texas Association Against Sexual Assault had opposed the death penalty
provision of "Jessica's Laws" bills filed in the House and Senate. A House
committee scheduled a public hearing on its version Tuesday night.

Because child sex victims are often the only witness to the crime, the
group worried it could lead offenders to kill the child to silence the
witness.

But after discussions with the bills' sponsors, the group has been assured
the death penalty would be an option for the worst cases and not mandatory
for all repeat offenders, a spokeswoman said.

"It doesn't completely resolve the concern," said Torie Camp, deputy
director for the Texas Association Against Sexual Assault.

"It would be an unusual case," she said. "That would be the rare
circumstance where the death penalty option is used."

Shannon Edmonds, spokesman for the Texas District and County Attorneys
Association, would not speculate how often prosecutors would seek the
death penalty against repeat child sex offenders.

But he noted Louisiana has had a similar law for years with only one
offender sent to death row.

"They're not afraid to use the death penalty over there, but so far, it's
only been one case," Edmonds said.

Legal experts question whether the death penalty is constitutional in
cases where the victim was not killed.

In 1977, the U.S. Supreme Court reversed a death sentence for a Georgia
man convicted of raping a woman, calling it an "excessive penalty for the
rapist, who as such, does not take human life." The current Louisiana case
is subject to state and federal appeals.

Prosecutors and victims groups still have concerns about other provisions
in the Jessica's Laws bills, which are named after Jessica Lunsford, a
Florida girl who was abducted and killed two years ago.

The House and Senate include the death penalty option. The House bill does
not include the Senate's minimum 25-year mandatory sentence for first-time
offenders.

Because the majority of child sex cases involve family members or close
friends, the prospect of such long prison sentences could lead to
nonreporting of crimes, Camp said.

Prosecutors also say long minimum sentences strip them of important
discretionary powers when pursuing child sex cases. The House bill, filed
by Rep. Debbie Riddle, R-Houston, extends the statute of limitations from
10 to 20 years after the victims' 18th birthday for all sexually oriented
crimes.

The Senate version, by Republican Bob Deuell of Greenville, extends the
limit for the same amount of time but for crimes against victims 14 or
younger.

Both versions include global satellite tracking of offenders.

The "Jessica's Laws" bills are SB 5 and HB 8.

(source: Associated Press)

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Deadly detention----Questionable deaths of Harris County Jail inmates
demonstrate urgent need for health care upgrade.


With more than 9,000 inmates packed daily into overcrowded and
understaffed facilities, the Harris County Jail can be a death trap for
prisoners, many of whom have a serious illness when they arrive. A
compelling investigation by Houston Chronicle reporter Steve McVicker
documents just how dangerous a stay in the jail can be for inmates, many
of whom have not been convicted of a crime.

Over the past six years, 101 inmates have died while in custody here, 22
in the last year. During the same 6 years, 70 inmates died in the Dallas
County Jail.

Chronicle interviews with Harris County Jail personnel and review of
county records link fully a third of the deaths in Houston to inadequate
response by guards and staff; allegations that inmates did not receive
vital medication and treatment; and alleged abuse of prisoners by jailers.
No jailer is accused of causing a death.

At any time, the jail confines more than 1,400 prisoners with serious
mental problems but has only 51 beds for the mentally ill. The rest, many
of whom are incompetent to take needed medications even if they have them,
are housed with the general inmate population.

The death of 44-year-old drug addict Calvin Mack on May 30, 2005, stands
out for the gruesome neglect that allowed him to bleed in agony for four
hours while a guard refused to summon help. In response to pleadings by
Mack and others, the now dismissed staffer allegedly quipped, "What do you
want me to do, get a Band-Aid for his ass?"

Even more telling, the Sheriff's Department never told the Harris County
medical examiner of the failure to render Mack timely aid. After an
autopsy the death was ruled an accident caused by a brain hemorrage
brought on by high blood pressure and drug abuse.

Last year Daryl Dwayne Kelley died in jail after being Tasered 7 times by
guards. He had been arrested at a private mental health clinic on charges
of stealing a police car but was judged competent to be placed in the
jail's general population. He refused to take medication for schizophrenia
and became violent. The Harris County medical examiner's report ruled the
death natural but also described extensive abrasions and bruises on
Kelley's body.

Deplorable sanitary conditions in which inmates have been forced to sleep
on floors next to toilets have led many prisoners to complain of staph and
other life-threatening blood infections.

These cases and others McVicker documents strongly support county
officials' proposals to build new jail facilities, and expand the space
for housing and treating sick inmates and bring the jail up to state
standards. The new facilities would provide secure cells and supervision
for prisoners undergoing drug detoxification or confinement because of
severe mental illness. There would be adequate space to quarantine
prisoners with communicable diseases.

There's no excuse for allowing human beings to be imprisoned in downtown
Houston in conditions reminiscent of the dumping grounds for the insane in
the 19th century. It's a blight on the reputation of this community, one
that needs to be removed as soon as possible.

(source: Editorial, Houston Chronicle)

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Activists request a probe of jail deaths


Some community activists are calling for a federal investigation after a
recent review by the Houston Chronicle showed more than 100 inmates have
died over the past six years at the Harris County Jail.

Of those inmates who died in custody, more than 70 percent had yet to have
their cases adjudicated, records provided to the Chronicle show.

"They died innocent men and women," said Deric Muhammad with the Millions
More Movement Ministry of Justice.

The group on Tuesday faxed a letter to the U.S. Justice Department asking
for the federal inquiry.

"Many family members believe these deaths could have been avoided,"
Muhammad said. "We believe an independent investigation is necessary."

Harris County sheriff's officials on Tuesday said they would welcome an
examination into the jail from the federal government.

'No reason to be fearful'

"We have no reason to be fearful of any federal investigation into any of
those deaths in custody," said Lt. John Martin, a Sheriff's Office
spokesman.

Martin said the department could not talk about specific cases because of
federal privacy laws but would if family members released them from that
obligation.

Overcrowding has raised concerns about sanitary conditions at the jail
with some inmates being forced to sleep on the cellblock floor next to
toilets, according to the newspaper article.

"They are all human beings. It's unbelievable what's going on," said Mary
Ramos with the League of United Latin American Citizens, who also called
for a federal investigation.

None of the records that were analyzed by the Chronicle concluded that
jail staff directly contributed to the 101 in-custody deaths since 2001.

The small group of activists who gathered Tuesday outside the Harris
County Jail said they wouldn't be satisfied with an internal investigation
into the findings.

"The (jail) system as a whole is corrupt," Muhammad said.

(source: Houston Chronicle)