April 6
TEXAS: Man, 47, arrested in guard's 1986 shooting In Fort Worth, a 47-year-old man was arrested in Georgia early Wednesday in connection with the fatal shooting of a Fort Worth security guard almost 20 years ago. Timothy Shaw Koffell is accused of shooting an acquaintance, James Hill, 55, multiple times in Hill's apartment. Hill, still wearing his security guard uniform, was found dead on the afternoon of June 5, 1986, by his girlfriend in his apartment in the 5900 block of Vermillion Drive in southeast Fort Worth. Police said Hill's wallet, rings and watch were missing, leading police to believe robbery was the motive. Detective Manny Reyes began investigating the cold case late last year after relatives of Hill asked police about the case's status. He obtained a capital murder warrant for Koffell, who was questioned during the original investigation, March 27, homicide Sgt. J.D. Thornton said. Authorities with the U.S. Marshal's task force tracked Koffell to Georgia after learning that he had been arrested there. During a traffic stop in January, Koffell gave a Rockdale County Sheriff's deputy the Georgia driver's license of a relative. Koffell admitted his real name after a check of the license revealed that he had previously used the relative's name as an alias. Koffell was wanted on a parole violation warrant out of Texas stemming from a burglary conviction. Authorities said Koffell was released from the Georgia jail after Texas Department of Criminal Justice officials decided not to pursue the case. Armed with the capital murder warrant, task force members and police with the Savannah-Chatham Metropolitan Police Department arrested Koffell at 12:35 a.m. Wednesday at a downtown Savannah hotel where he had been staying. In his room, officers found a marijuana pipe and a 35 mm film canister containing 5.1 grams of marijuana, according to a Georgia police report. Koffell was taken to the Chatham County Jail, where he will be held pending extradition to Texas, said Lt. Mike Wilkins, spokesman with the Savannah-Chatham Metropolitan Police Department. (source: Fort Worth Star-Telegram) *************** Man indicted in connection with capital murder A Midland County grand jury returned a capital murder indictment Wednesday in connection with an 18-year-old case. Wilmer Lee Cobb, also known by the alias "Snake," was indicted on capital murder charges in connection with the death of 41-year-old Verna Sanders Peace, said Midland County Sheriff Gary Painter. Painter said information presented to the grand jury was received while the sheriff's office and Midland County District Attorney Investigator J.D. Luckie were working on a different murder case in another jurisdiction. He said someone began talking about circumstances related to Peace's death, and from that point, information began snowballing and leading to additional pieces of evidence. Painter declined to elaborate further, saying he didnt want to hinder the ongoing investigation that may implicate 3 other men. Peace was killed at about 11:15 p.m., Sept. 4, 1987, during a robbery attempt involving 4 men at the Town and Country in the 7100 block of West Highway 80 where she was a clerk, according to a Midland County Sheriff's Office news release. "The 3 other men are just as responsible for what happened. We will be pursuing capital murder charges and are asking the DAs office to seek the death penalty," Painter said. Cobb's indictment was for capital murder rather than murder, he said, because it was tied to another felony offense - aggravated robbery, in this case. Cobb remained Wednesday at the Midland County Jail. He is being held without bond. He was already being held there on a bench warrant from the Texas Department of Criminal Justice Institutional Division where he was serving a 14-year sentence for engaging in organized criminal activity, according to the release. He was sentenced for that offense on June 23, 2004, according to the release. Anyone who has information about this crime or the whereabouts of the other 3 suspects can call the Midland County Sheriffs Office at 688-4600. (source: Odessa American) CALIFORNIA: Murder Movie Threatens To Derail Case Nick Markowitz was just 15-years-old when he was murdered in a remote area of Santa Barbara, Calif., in 2000. His body was dumped in a shallow grave. Prosecutors say a suspected drug dealer named Jesse James Hollywood and his gang were the killers. They say the gang kidnapped Nick because his older brother Ben, who once sold drugs with Hollywood, owed him $1,200, but then worried their crime could land them behind bars for good. "Jesse Hollywood decided to hide the evidence. And that was our son, Nick," said Jeff Markowitz, Nick's father. Nick was bound, gagged and shot 9 times. Some of the accused killers were arrested and convicted but Hollywood slipped away and became an international fugitive. He was finally captured in 2005 in Brazil, but now the death penalty case against him is in turmoil, because of a new movie, based on the murder. While Hollywood was on the run, filmmaker Nick Cassavetes contacted Santa Barbara Deputy District Attorney Ron Zonen and proposed making a movie about the case. Zonen says he believed that might lead to Hollywood's capture, so he provided information, including autopsy and crime scene photos and mentioned he might write a book. Cassavetes turned the story into a movie called "Alpha Dog," starring Bruce Willis and Sharon Stone, which opened at this year's Sundance Film Festival. Hollywood's attorney says it was an outrageous move by the D.A.'s office. "When a prosecutor becomes a motion picture consultant and gives his entire criminal file, with every document, police report, video, photograph," said attorney James Blatt, "and becomes a partner in essence, in creating a motion picture while that case is pending, I believe there's a legitimate conflict of interest." Blatt showed Gonzales a videotape shot by the filmmakers, on which Zonen gives them a tour of the crime scene and discusses his theories. Blatt says Zonen broke the law, allowing filmmakers to taint witnesses and the jury pool. He wants the D.A.'s office removed from the case. "We need a prosecutor who, as he is going for the death penalty, is not looking at his movie credits," said Blatt. In a telephone interview, Zonen told Gonzales: "This is just an attempt by the defense to denigrate me ... According to the defense, the three worst people in the world are Hitler, Mussolini and Ron Zonen." He denied committing any crimes or any conflict of interest saying: "At no time did I ask for or expect to receive any compensation whatsoever for my involvement in this film. My single and only motivation was to apprehend a dangerous fugitive." The California Supreme Court will decide the issue and, in the meantime, the Markowitz family struggles to overcome the devastating loss of a child. "It scares me to think about how his last moments were. I just fear that he was crying and scared, cold,' said Susan Markowitz, Nick's mother. She told Gonzales that the tragedy tore up Nick's brother, Ben, who had gone straight and had nothing to do with the crime. "Ben was a little rough at times, but he was truly, truly a great brother. He just went down the wrong road and paid the ultimate price," she said. Ben and his mother stopped speaking for years and only recently reconciled. "Meeting with Ben, I didn't realize until I saw him how much I have missed him. He gives me a sense of connecting with Nick again in a way," said Markowitz. "He's doing really well, Ben is, and I'm very proud of him. It definitely helps the pain." After waiting so long for Hollywood to be caught and prosecuted, the delay caused by the movie version of the crime angers the Markowitz family. "Defense team, get this on the road," Jeff Markowitz said. "It's a murder trial. It's not about movies - It's about our son Nick's murder and who did it." Hollywood's attorney James Blatt is also attempting to block the release of the film, "Alpha Dog," but Gonzales says that is not expected to happen. (source: CBS News) ALABAMA: Murder suspect in court A Birmingham woman charged with 2 counts of capital murder was appointed legal counsel by the court during a hearing held before Circuit Court Judge J. Michael Jointer Thursday morning. Joiner appointed W. Barry Alvis as defense attorney for Tia Shuntraneke Davis and tentatively set a preliminary hearing for April 27. Davis filed an affidavit of indigence during a 72-hour hearing. Alvis asked that attorney William K. DelGrosso also be appointed for the defense, but made no request for bond. District Attorney Bill Bostick said, "We will proceed with this as a capital murder case." He said there should not be any bond set until the cause is resolved by trial. Davis, 25, of Pike Road in Birmingham was arrested late Tuesday night and charged with 2 counts of capital murder in connection with the Sunday night homicide of a man and woman on Hunt Cliff Road in North Shelby County. Sheriff Chris Curry identified the victims as Michael Adrian Edwards, 26, of the 5000 block of Hunt Cliff Road and Ulesha Renee Stoner, 28, of Shelbyville, Ky. He said Stoner appeared to be staying with Edwards and was scheduled to return to Kentucky on April 10. While the sheriff said the relationship between the victims was "unclear," he said, Davis and Edwards had known each other for more than 10 years. In addition to "a particularly brutal murder scene," Curry said some property was removed, indicating the possibility of robbery. Bostick said the weapon used in the murder was a handgun, but would not reveal the caliber or state if the defendant had a pistol permit. While Bostick said the case involved "a death eligible capital offense," he said the decision to seek the death penalty has not been made. "Because this is a capital offense, the level of scrutiny investigators give is higher than any other type of investigation," said Bostick. While he would not comment as to whether others were involved, he said Sheriff's Office Investigators have "not stopped doing their job just because they have made an arrest." Davis remains in the custody of the Shelby County Jail without bond. Her mother Gwen Crawford was present in the courtroom for the hearing. (source: Shelby County Reporter) ********************* A deadly state You can argue that Jefferson County had an unusually large number of death sentences over the past 9 months because of an unusually large run of vicious capital crimes. You wouldn't be 100 % wrong. Consider the crimes that sent seven souls to death row since last June: Three police officers gunned down at a drug house. 4 people robbed and killed after being lured to an apartment for a drug deal. A man and his wife who were forced into their car trunk and burned alive because of an unpaid drug debt. A young store manager who was robbed and shot in the back of the head by a fired employee. A 15-year-old girl molested and strangled by her mother's estranged husband. All of them awful crimes. All of them technically meriting a death sentence. All of them perhaps even worthy of the state's ultimate punishment. Yet the juries that heard these cases didn't necessarily think so. In only one case did the jury unanimously recommend a death sentence. In cases against two defendants, juries didn't recommend a death sentence at all: They recommended defendants be sentenced to life in prison with no chance for parole. In most states with a death penalty, that would make a difference. In most states, a unanimous jury decision is required before the state can exercise the awesome power of taking life. In most states, judges don't have the power to inflict a death sentence when a jury doesn't believe it's justified. But Alabama is not most states. Alabama hands out more death sentences for its population than any state in the country. It has the 23rd-largest population and the 6th-largest death row. It has one of the broadest death penalty laws in the nation, with 18 varieties of murder punishable by execution. Worse, it leaves the ultimate decision about life and death not to regular folks who sit on juries but to judges who are elected and under enormous pressure to appear tough on crime. Of course, this newspaper in its reverence for life doesn't believe the state should be in the business of executing people at all. Especially since the public can be adequately protected by locking up killers for life. But at the very least, the state should require jurors be in full agreement before the ultimate punishment can be imposed. Sadly, despite years of legislative attempts to correct it, Alabama's terrible death penalty system still does not require a unanimous jury verdict - or, in practice, even a majority jury verdict. This year, again, legislators passed up a chance to change this disturbing aspect of Alabama's death penalty system. A Senate committee voted for a bill that would stop a judge from overriding a jury to impose a death sentence. But with the session almost over, the bill is dead. A spate of brutal crimes contributed to the large number of death sentences coming out of Jefferson County. But so, too, did a system that makes it too easy for death sentences to be handed down - even when jurors say a life sentence will do. (source: The Birmingham News) OHIO: Judge: No mistrial in arson case There will be no mistrial in the Roger Marshall case, but the juror accused of possessing loose lips was dismissed from jury service after a tense grilling in open court Wednesday. Marshall was convicted in late February of starting a fire at the Lyle Motel in August 2004 that killed James M. Reed, Lolaetta Corbin and John Meyer. Marshall interrupted court proceedings Wednesday with an outburst that he was innocent. The man had to be taken from the courtroom. He sat quietly, even passively during his nearly 2-week triple murder trial showing little emotion. But Wednesday when the opening statements began in the penalty phase of his case, Marshall's demeanor changed. Marshall leaped to his feet and denied causing the deaths of three people for which he could receive the death penalty. As Lawrence County Prosecutor J.B. Collier Jr., recounted the evidence in the trial that led to Marshall's guilty verdict, Marshall shouted "That's not true. I didn't kill anyone. There was evidence at my apartment that could have cleared me! I didn't set any fire. I didnt kill anyone." Marshall was taken out of the courtroom by 2 constables and proceedings were recessed until the afternoon. When proceedings began again, defense attorney William Eachus call in licensed clinical psychologist, Dr. Julie Brams, who testified that Marshall suffered from schizophrenia which stemmed in large part from a childhood she characterized as a "rudimentary existence." "His parents had minimal education, his father had a significant drinking problem which was an issue in Roger's life. His parents were uninvolved, cold and distant. You don't have flagrant abuse but there was emotional neglect," she said. She testified that other members of the family suffer from their childhood experiences as well but that the manifest somewhat different symptoms. Because of this he developed a schizoid personality that later became schizophrenia. It affected him in his work, his interaction with other people and his ability to deal with large-scale changes in his life and with stress. "His maturity ended at about 12 years or so," she said. "He may be a man but his ability to deal with stress is about that of a middle school student." She told the court she thought Marshall could adjust to life in prison but not to death row. But during cross examination, she admitted that she did not think Marshall was completely mentally ill. "You're not suggesting to the jury that he's mentally retarded, are you?" he asked. "No," Brams answered. "That he's mentally ill or that he is legally insane?" he asked. "No," she replied. Collier also took issue with Bram's contention that previous to the Lyle Motel fire, Marshall had no criminal history. "Are you aware that at the time of the offense ( the fire) he was on probation for domestic violence?" Collier asked. "Yes," Brams replied. "And the person who was the subject of the violence was one of the victims, Lolaetta Corbin Hicks?" Collier asked. "Yes," she replied. Earlier in the day, defense attorneys William Eachus and Charles Knight had sought a mistrial because a juror, Robert Lowe, had reportedly talked about the case at a party and had reportedly said he favored the death penalty - an issue jurors were not supposed to discuss at that time. Lowe denied he ever talked about the case. "The allegation is that you expressed the opinion that you would make sure Roger got the death penalty," Knight said. "I have not ever made a comment even remotely resembling that," Lowe replied. "I would not jeopardize the integrity of this case and I do not believe that." Lowe said he frequently got together with friends to socialize but said he never went to a party and made statements about the Marshall case. He also said he never told an acquaintance, Chris Destocki, that he intended to insure Marshall received the death penalty. "Have you ever had an incident where Mr. (Chris Destocki) said you said things you didnt say??" Knight asked. "No," Lowe replied. He admitted that at one point after the guilty verdict was handed down, he had gone to the Ironton bar, the Marlow Grill, and had left after some patrons recognized him as a juror and expressed their opinions about the case. Knight countered that others have told the court Lowe did indeed attend a party with 20 people and had made statements about the case. Knight also alleged that Lowe exhibited inappropriate conduct before a delegation of jurors during sequestration at an area motel, a claim bolstered by a female juror whom defense attorneys also requested be excused from service. The woman said she, Lowe and some of the other jurors were playing a form of charades in a public room at the motel. She also told the court that Destocki had approached her after the guilty verdict and informed her about the comments Lowe allegedly made about the death penalty. After Lowe was dismissed, other jurors were brought in one by one and asked if they had discussed the case, heard it discussed or gotten any information in the media about it. With the exception of the one female juror, all the others said they had adhered strictly to Walton's admonishment against such. Walton has yet to rule on whether to dismiss the second juror. An alternate was excused from service Wednesday not because of any misconduct but because she had been absent during a previous court session. Closing statements began at 9:30 a.m. today in Lawrence County Common Pleas Court. (source: Ironton Tribune) USA: The debate over the death penalty for Moussaoui Our contributor Jonathan Strong, rebuts Ricahrd Cohen of the Washington Post, who does not want Zacharias Moussaoui to receive the death penalty, on his website, The Strong Conservative. ...the same arguments were made against putting Timothy McVeigh to death. Despite warnings from the left, McVeigh never became a martyr for survivalists, militias, or other radicals in the United States. Why Cohen assumes that this will be so for Moussaoui is unclear.To his credit, Cohen at least states that he is personally against the death penalty in all cases. This is more honesty than we usually hear from those on the left. However, he believes that the death penalty is about revenge, which is patently untrue. The death penalty is about justice, deterrence, and closure. Our laws are based on Judeo-Christian law which holds that those who live by the sword shall die by it, an "eye for an eye". We, in the West, also hold life to be so precious that the unlawful ending of a human life deserves the maximum punishment possible, capital punishment. I also disagree that giving Moussaoui death will make him a martyr. He is now as captive as an animal at a zoo. He is no longer a threat while behind bars, and thus has been neutered in terms of his power and danger to society, but that does not mean that justice ends with his imprisonment. Moussaoui will not die as a jihadist facing down the "Great Satan" on the battlefield. He will not go out with a bang, but rather with a whimper, like a dog being put down at the vet. His death will not be glorious or triumphant, but will be a defeat for him personally and to his cause. (source: The American Thinker)
