[Deathpenalty] death penalty news----N.C., OKLA., N.Y., IND., FLA.

[Rick Halperin]

Jan. 11



NORTH CAROLINA:

What happened to North Carolina's moratorium on executions?----Death
penalty opponents testify at House committee


With the image of Saddam Hussein's hanging fresh in the public mind, the
House Select Committee on Capital Punishment met in Raleigh last week to
hear testimony about whether our state, too, should continue to execute
murderers, and if so, which ones.

In North Carolina, of course, executions aren't conducted with a rope at
dawn, nor are they videotaped for public consumption, as was the case when
the Iraqi regime hanged

Saddamreportedly so that the Iraqi public would know for sure he was dead.
Here, executions are conducted on a gurney at 2 a.m. in front of just a
handful of official witnesses, and they employ a method of lethal
injection that may seem to be more humane but isn't necessarily so,
according to David Work, retired head of the state pharmacy board.

Work noted that Florida Gov. Jeb Bush last month suspended executions in
his state after the same lethal mix of three ingredients that North
Carolina uses failed to finish off convict Angel Diaz for more than half
an hour. In that case, the final, killer ingredient wasn't injected
accurately into the convict's veins, and had to be re-administered.
Meanwhile, Diaz was probably in excruciating pain, since the anesthetic
put in first is fast-acting and doesn't last, Work said.

"It's only a matter of time before the same thing happens here," Work told
the committee.

In California, meanwhile, the prospect of such botched injections caused a
federal judge to impose a moratorium on executions in that state too,
saying they run the risk of violating the Eighth Amendment's prohibition
on cruel and unusual punishments.

Here, though, a recommendation that the General Assembly impose a
moratorium on executions will not come out of the House committee, said
Rep. Paul Luebke (D-Durham), a member and moratorium proponent. Luebke
said the committee does not consider the issue within its charge, which is
to weigh the accuracy and fairness of the state's capital punishment
statutes.

Luebke said a moratorium bill will be introduced separately in the House.

Three years ago, the state Senate passed a moratorium bill, but the House
let it die when its backers saw that it was a few votes short of passage.
Neither body took up the issue during the 2005-06 legislative term.
Whether it stands a chance in the upcoming session isn't clear, but Rep.
Joe Hackney (D-Orange), a proponent and one of the committee's co-chairs,
sounded doubtful when asked about it by the Associated Press.

Carnell Robinson, chair of the N.C. Black Leadership Caucus, was more than
doubtful. He said bitterly that the committee's work "is a waste of money,
and some of us on the street are embarrassed by it," since the House
simply will not act.

He said Gov. Mike Easley should create his own study commission and halt
executions in the meantime using executive authority.

"I worked on the LeGrande case," Robinson testified, "and what we call
justice in this stateit's pathetic."

Convicted murderer Guy LeGrande's execution in Raleigh, scheduled for Dec.
1, was put off by a judge while the question of whether he is severely
mentally ill is studied.

Most of the testimony before the House committee covered familiar ground.
Moratorium proponents argued that, while the state is more careful now
about providing capital defendants with competent lawyers and about
sparing the lives of the mentally ill and retarded, most of Central
Prison's death-row inmates were convicted before such safeguards were in
place.

They were also convicted before juries were given the alternative of a
life sentence without parole for 1st-degree murder, said Thomas Maher,
director of the N.C. Center for Death Penalty Litigation. As a consequence
of these reforms, just five murder trials here resulted in death sentences
last year, versus as many as 20 a year previously, Maher said.

He also pointed to the recent conclusion of a New Jersey commission that
there's no way to write a capital punishment statute and rule out the
chance that innocent people will be executed.

Perhaps so, countered the Rev. Mark Creech, executive director of the
Christian Action League of N.C., but it is "the command of God that man be
given the power to execute" even if that power "will never be administered
by a flawless judicial system." Creech cited several Bible verses.

The Rev. Scott Bass, also a Baptist minister, had a different view of what
a higher power might want. Bass, who helped start Raleigh's Nazareth
House, an anti-death-penalty center, said it's wrong to punish killing by
more killing. All it accomplishes, Bass said, citing his ministry to
several death-row families, is to traumatize the killer's kin during the
years between trial and a possible execution in the same way as the
victim's family was traumatized by the crime itself.

Bass followed Shirley Burns, the mother of convicted killer Marcus
Robinson, who is scheduled to die in Raleigh on Jan. 26. Robinson was 18
in 1991 when he and another man robbed and killed a 17-year-old high
school student in Fayetteville. Robinson's lawyer argued at his trial that
the other man, who got a life sentence, might've pulled the trigger.

Burns said she remains opposed to capital punishment, and is asking Easley
to commute her son's sentence, even though her older son, Curtis Green,
was himself murdered in Cumberland County last April. (3 people are
charged in Green's death, one with 1st-degree murder.)

"How many have had to sit on both sides of the table?" Burns asked the
committee. "Here I am pleading, begging for my son's life ... how can I
ask for somebody else's life?"

(source: The Independent Weekly)






OKLAHOMA:

No-parole deal on table for child-killer


If he accepts, the death penalty won't be a possible punishment at
resentencing.

Tulsa County District Attorney Tim Harris has offered Wayne Henry Garrison
a chance to avoid the possibility of a death penalty when he is
resentenced for the murder of a 13-year-old Tulsa boy who was dismembered
in 1989.

Harris said Wednesday that for him to agree to drop a death-penalty
request, Garrison must accept a life sentence without the possibility of
parole that will ensure that he never gets out of prison and will never
"be able to harm any other child."

A transcript of a conference in the case Friday indicates that Harris has
told a defense lawyer that he would be willing to make the plea deal.

At that conference, District Judge Jesse Harris said he had mentioned the
idea of prosecutors offering Garrison -- who stands guilty of 1st-degree
murder -- a no-parole life term in the event that 498 missing pages of
"discovery" material weren't found and weren't provided to the Public
Defender's Office, which now represents Garrison.

Chief Public Defender Pete Silva said then that defense lawyers wanted to
confer further with Garrison and conduct additional research before
deciding what to do about the sentencing offer.

The judge scheduled a Jan. 26 conference to determine "whether or not Mr.
Garrison is prepared to accept the sentence that has been recommended by
the state, which is a sentence other than death," a transcript shows.

If Garrison doesn't accept a no-parole life sentence, Judge Harris said he
will decide "whether or not the death penalty will remain an option."

At a 2001 trial, Garrison, now 47, received a death sentence after being
found guilty of murdering 13-year-old Justin Wiles.

The other punishment options at that trial were life in prison with or
without parole possible.

Justin vanished in June 1989. Parts of his body were found in Lake Bixhoma
and on the lakeshore 4 days after his family last saw him alive.

Garrison was not charged with the murder until 1999, more than a decade
after he was identified as a suspect. He has said he is innocent.

The state Court of Criminal Appeals affirmed the murder conviction in 2004
but reversed the death sentence. The appeals court found that Garrison,
who was represented at that trial by 3 private lawyers, likely had
ineffective legal assistance.

Prosecutors presented testimony from investigators who said Garrison
admitted to strangling his 4-year-old cousin in 1972 -- when he was 13 --
and to killing a 3-year-old neighbor in 1974.

In reversing the death sentence, the appeals court indicated that in an ef
fort to reduce the severity of Garrison's punishment for Justin's murder,
the defense should have presented more information about Garrison's past
and his history of being abused.

During jury selection for a resentencing trial in October, Judge Harris
declared a mistrial.

The judge said then that a prosecutor indicated that some 2,500 pages of
"discovery" material might not have been turned over to the defense,
although the District Attorney's Office doesn't "even know where it is."

In the discovery process, lawyers exchange material that can include
police reports, witness statements, photographs and other information
about a case.

Assistant District Attorney Eric Johnston previously said that after the
jury selection process started for the resentencing trial, he discovered a
receipt showing that Garrison's previous attorneys could have received
about 4,700 pages of material from the prosecution before the 2001 trial.

Johnston, who was not part of the trial team in 2001, indicated that in
advance of the resentencing trial, about 2,200 pages of discovery were
turned over to the Public Defender's Office.

When he declared the mistrial, the judge told attorneys to go through
discovery documentation page by page.

Lawyers agreed Friday that there are now 498 missing pages of discovery.
Tim Harris told the judge that his office does not have a "duplicate copy
to compare that to to determine what those 498 missing pages are."

The district attorney said Wednesday that some missing pages could be
duplicates of pages that have been turned over to the Public Defender's
Office, but "neither the defense nor the state can say what those 498
pages are."

He said he is contacting law enforcement agencies involved in the
investigation to try to "re-create the discovery."

(source: Tulsa World)






NEW YORK----federal death penalty trial

Rapper N.O.R.E. testifies at death-penalty trial of gang-member friend


To rap star N.O.R.E., the Bronx gang members he befriended weren't
criminals.

The rapper, who formerly went by the stage name Noreaga and whose real
name is Victor Santiago, testified Wednesday on behalf of Darryl
Henderson, who has been on trial for the past month in U.S. District Court
in Manhattan on charges stemming from the Jan. 21, 2002 triple murder a
block and a half from Yankees Stadium. Henderson could face the death
penalty if convicted.

N.O.R.E. said he met Henderson in the Bronx in 1998 or 1999 and brought
him on concert tours as a roadie, running errands such as ordering food
and beer for the performers.

He said he also befriended members of Murder Unit, a Bronx street gang,
but did not know that some of them had violent histories, sold drugs and
carried weapons.

"Hard-core hip-hop tends to sell more records," N.O.R.E. said, noting the
advantage of a rough edge in the business. "It's about selling an image."

The rapper said he took members of Murder Unit on tour with him to give
them a chance in the business.

In opening statements, Assistant U.S. Attorney David Rody said Henderson
and 2 other members of Murder Unit committed the murders to steal 30
kilograms of cocaine worth more than a half-million dollars.

He said 2 of the victims were stabbed more than 20 times and all three had
their throats slashed. Within 3 days, Rody said, the three killers had
fled to Miami, Fla., where they were "drinking, partying, posing for
pictures and spending the money they made from the stolen cocaine."

Defence attorney David Patton has told the jury that his client did not
kill anyone and has never been in a gang, though he did sell drugs.

On the witness stand, N.O.R.E. described his touring life as a wild party
in which he sometimes smoked marijuana before he performed and regularly
chased women.

Rody repeatedly attacked N.O.R.E.'s memory, which seemed sketchy about the
facts whenever violence erupted near him but firm in the recollection that
Henderson was never in the middle of it.

N.O.R.E. made some jurors chuckle with his observations, including that
the prosecutor in his suit looked like a music booking agent. He waved to
them as he left the witness stand.

(source: Canadian Press)






INDIANA:

Bill sets death as option for 'cop killers'


A state lawmaker wants to ensure that those who murder police officers are
either executed or spend the rest of their lives in prison.

Rep. Jackie Walorski, R-Lakeville, has filed her "stop killing cops" bill,
which would require the death penalty or life without parole for anyone
found guilty of murdering a police officer in Indiana.

The prosecutor, under the bill, would still decide which penalty to seek,
and the ultimate decision between death and life would still be up to a
jury.

"My point is I dont want to see cop killers walking out of prison in the
state of Indiana," Walorski said.

Other than a 1974 case from her Mishawaka district, Walorski could not
give an example of someone convicted of murder in a police killing who did
not receive the death penalty or life in prison without parole.

A review of recent killings found that many law enforcement deaths in
northern Indiana have been the result of car accidents or other
job-related situations, such as heart attack.

Some recent intentional killings include:

In 1997, Eryk Heck was killed during a gunfight with burglary suspect
Timothy Stoffer, who was also killed.

In 1999, Indiana State Police Trooper Cory Elson was gunned down by Mark
Lichtenberger, who later pleaded guilty to avoid the death penalty and
received life in prison.

In 2003, Darryl Jeter shot trooper Scott Patrick, who came to Jeter's aid
along a northwestern Indiana highway. A jury rejected the prosecutors plea
for the death penalty and Jeter received life in prison.

Also in 2003, Mishawaka police officers Bryan S. Verkler and Thomas
Roberts were killed while trying to arrest armed-robbery suspect Raymond
Matthew Gilkeson. The suspect was shot four times by police during the
confrontation but died from a shot to the head from his own gun.

The legislation also would move the cost of prosecuting and defending a
death penalty case from county coffers to the state.

On average, according to Walorski's written statement, it costs about
$219,000 to prosecute cop killers in death penalty cases.

"It's not a problem for larger counties, but for some rural counties the
cost of the trial plays into their decision," she said.

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

Condemned man asks state Supreme Court for delay


An attorney for a man condemned to die Jan. 19 for killing a state trooper
asked the state Supreme Court on Wednesday to delay the execution until
the U.S. Supreme Court decides a similar case regarding a mentally ill
Texas man.

The request contends the state should not be allowed to execute Norman
Timberlake until the U.S. Supreme Court decides a case in which attorneys
for Scott Louis Panetti, who killed his estranged wife's parents in 1992,
say he has suffered from severe mental illness for 25 years and should be
spared the death penalty because of it.

"The U.S. Supreme Court is being asked to determine what measure, or how
do you determine if someone is too mentally ill to be executed?" said
Timberlake's attorney, Brent Westerfeld.

The Supreme Court decided in 1986 in Ford v. Wainwright that executions of
the insane are unconstitutional. In a concurring opinion, Justice Lewis
Powell concluded that "the Eighth Amendment forbids the execution only of
those who are unaware of the punishment they are about to suffer and why
they are to suffer it."

But in the Panetti case, his lawyers argue that "awareness" is not
synonymous with "rational understanding."

Westerfeld said the same argument stands for Timberlake.

"Norman is paranoid schizophrenic. He is delusional. He is experiencing
auditory hallucinations and he irrationally believes the government
operates a machine that tortures him and is trying to kill him,"
Westerfeld said. "As is true with most people with that kind of mental
illness, Norman believes he is completely sane and firmly believes this
machine exists."

Timberlake talked about the machine during his clemency hearing before the
state Parole Board on Monday, saying the federal government should look
into the use of the machine.

Westerfeld said that during the appeals process Timberlake wanted his
attorneys to prove the machine exists.

Timberlake, 59, of New Albany was convicted of killing Master Trooper
Michael E. Greene during a routine traffic stop on Feb. 5, 1993.
Timberlake contended during Monday's clemency hearing that he is innocent
and that a man who was in the car with him killed Greene.

U.S. District Judge Richard L. Young ruled Tuesday that state courts had
handled Timberlake's appeals properly. Young's decision included the
findings of a psychiatrist appointed by the state Supreme Court, who
determined that while Timberlake suffered from paranoid schizophrenia, he
understood that he faced execution and why.

The clemency hearing for Timberlake is scheduled to continue Tuesday in
Indianapolis. The Parole Board will then make a recommendation to Gov.
Mitch Daniels.

Timberlake is scheduled to die by chemical injection in the early hours of
Jan. 19 at the Indiana State Prison in Michigan City.

If Timberlake is put to death, he would be the 1st person executed in
Indiana since Marvin Bieghler was executed last Jan. 27 for killing a
Howard County couple. In 2005, 5 people were executed in Indiana, the most
in the state since the death penalty was reinstated in the 1970s.

(source for both: Fort Wayne Journal Gazette)

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

Death row inmate petitions for stay of execution


A death row inmate is now asking the Indiana Supreme Court to delay his
execution.

A lawyer for Norman Timberlake wants the court to stop the execution until
the US Supreme Court decides a similar case involving a mentally ill Texas
man.

Timberlake, 59, is convicted of killing a state trooper during a traffic
stop in 1993. He's scheduled to die by lethal injection one week from
today.

Tuesday, a judge rejected Timberlake's arguments to stop the execution on
the grounds that he is mentally ill. The Indiana Parole Board is still
considering his request for clemency. They'll hear more testimony early
next week before making a recommendation to the governor.

(source: WTHR News)






FLORIDA:

1 Of 3 Brothers Accused Of Killing Girl Could Face Death Penalty


The state attorney recently notified the court it intends to seek the
death penalty against Rasheem Dubose, one of the three brothers accused of
fatally shooting an 8-year-old girl.

Rasheem Dubose and his brother Tajuan Dubose appeared before a judge on
Wednesday, and both brothers were arraigned on murder charges in the death
of Dreshawna Davis.

A third brother, Terrell Dubose, has also been indicted on 1st-degree
murder charges but he did not appear in court on Wednesday.

According to police, in July, shots were fired into a home on Third
Avenue, and one of the bullets hit and killed Dreshawna as she sat in a
room watching a movie.

Thus far, Rasheem Dubose is the only brother facing the death penalty in
the case.

Also on Wednesday, the state attorney's office released video of the
police interrogation of the Dubose brothers -- shedding some light on what
happened the night Dreshawna died.

The video shows Rasheem Dubose denying being involved in the fatal
shooting. He first spoke to the detective about an encounter with Willie
Davis Jr., Dreshawna's uncle. Police said that was what prompted the
shooting.

Rasheem Dubose claimed Davis put a gun to his head and forced him to strip
down in the middle of the street before robbing him.

Police said Rasheem, 22, Tajuan, 18, and Terrell Dubose, 20, have been in
jail since July 30, when they were arrested on charges of burglarizing a
St. Nicholas home.

Detective: He made you look bad?

Rasheem Dubose: He did that. Of course, he did that.

Detective: Where you mad?

Rasheem Dubose: Was I mad? Yeah. Who wasn't going to be mad?

Throughout the interrogation, Rasheem Dubose repeatedly denied firing
shots into the house where Dreshawna lived, even though the detectives
held up the girl's photo over and over, challenging him to be a man and
own up to his role in the murder and give the family some peace through
truth.

Detective: What's in your head?

Rasheem Dubose: What do you think was in my head? What was in my head ...
I didn't do it. I promise you sir, I had no situation to do with that
death sir.

Detective: Did anybody set out to kill that little girl that day?

Rasheem Dubose: What? Who would want to kill a child?

After several hours in the interrogation room, Rasheem made a statement to
Dreshawna's family.

"My mercy goes out to the family. I know you hurt and you want to know why
it happened. I think it was because of Psycho (Davis' street name),
because of Psycho and his problems that he's doing in the street. But I'm
not a type of person who likes to see a child die for another man. I need
for y'all to understand that I have a little girl too who I love dearly,
and I wouldn't like to go through the same thing ya'll are going through
if it was my mistake," Rasheem Dubose said.

Terrell Dubose also showed remorse for the family during his
interrogation.

"I feel bad for her. My heart goes out to her. If I had a choice, I would
lose my life to have her back," said Terrell Dubose.

Terrell Dubose's next court date is scheduled for Jan. 24, which is when
he is expected to be arraigned.

(source: News4Jax)