April 11 VIRGINIA: Moussaoui Jury Hears the Panic From 9/11 For more than four years they had waited to walk into a courtroom and hold someone responsible for the wreckage of their lives. In the long days and nights since Sept. 11, 2001, they testified Monday, children have spent more time at counseling than school. Parents, unable to sleep, spent hours in their children's rooms. A young widow gave up her fight against breast cancer. Another threw herself across her husband's grave. Other voices were heard Monday too, the voices - and the final screams - of the dead. For the 1st time, the government played 911 audiotapes of two people trapped inside the World Trade Center, each screaming into the phone as they tried desperately to summon emergency crews to burning offices high above Lower Manhattan. "I'm going to die, aren't I?" cried Melissa Doi, 32, lying across the floor, trying to find fresh air in a south tower engulfed in smoke and fire. Sixteen stories above her, on the 99th floor, Kevin Cosgrove cried, "I'm not ready to die!" Emergency dispatchers tried to reassure them. "We're getting there. We're getting there," they said. Both callers died in the flames. So did Peter Hanson, his wife, Sue Kim, and their 2-year-old daughter, Christine Lee, the youngest to die that morning. They were trapped on United Airlines Flight 175. Twice he called his father. In the last call, describing passengers vomiting as the plane rumbled nearly out of control, he said, "Don't worry, Dad. If it happens, it will happen quickly." The testimony and recordings were part of the prosecution's case as it seeks the death penalty for Zacarias Moussaoui, an admitted terrorist. Jurors last week concluded that Moussaoui had caused at least one death on Sept. 11 because of his failure to alert the FBI to the terrorist plot, making him eligible for execution. Prosecutors expect to wrap up this final phase of the Moussaoui sentencing trial Wednesday. Monday was devoted to the victims who died in New York, and their loved ones. Today the government plans to provide similarly wrenching testimony from the families of those killed at the Pentagon. On Wednesday, prosecutors will conclude with testimony from those aboard the fourth plane that crashed into a field in Pennsylvania. Prosecutors are expected to play, again for the first time, the cockpit voice recording that only relatives of the dead have heard. At the start of testimony Monday, Judge Leonie M. Brinkema acknowledged that the victim testimony had been heartbreaking. It was difficult to hear and watch as people repeatedly broke down on the witness stand, she said. 15 relatives of the 2,972 dead testified Monday. Almost all cried. Many sobbed. "There's just no way of avoiding some emotion in a case like this," the judge told the lawyers. But prosecutors agreed to streamline their victim testimony, and the judge decided to shorten the workday for jurors this week. "I don't want to wear the jury out," she said. The first tape to be played was the cry of Doi, an employee of IQ Financial at the World Trade Center. Recently the government released recordings of the dispatchers' voices on the tapes. This time the victims were heard. "I'm on the 83rd floor," she screamed. "Are you going to be able to get somebody up here. We're on the floor and we can't breathe and it's very, very, very hot." "Please," she said, over and over. Five co-workers huddled around her. "Everybody's having trouble breathing. Some people are worse." A dispatcher asked how much smoke there was. "Of course there's smoke," she snapped. "I can't breathe. There is fire because it's hot.. Help help help!" The firefighters have been notified, the dispatcher said. But Doi was not hopeful. "I'm going to die, aren't I?" she screamed into the phone. "I'm going to die. I'm going to die. I don't want to die.. It's so hot. I'm burning up.. Oh my God!" On Floor 99, Cosgrove could not get out either. Forty-six years old, he worked as a claims vice president for the Aon Corp. Three times he called 911. On the last call he could barely be heard because there was so much yelling behind him. "We're getting there. We're getting," the dispatcher told him. Cosgrove could be heard breathing. Hard. Panting into the phone. "I need oxygen," he screamed. "I'm not ready to die." Then abruptly came shouts about broken windows, one long wrenching scream, what appeared to be many voices, and then silence. Peter Hanson's 2 calls from the plane were described by his father, C. Lee Hanson. In the 1st call, Peter was calm. "He told us the plane had been hijacked," his father told the jury. "His voice was soft, not too nervous. He told me that they stabbed somebody up front. He asked me to call United Airlines and tell them it had been hijacked." Lee Hanson called the airline, but could not get through. He alerted his local police department in Connecticut. Peter called back. "He thought a stewardess had been killed," his father said. "He said certainly somebody else was piloting the plane. He said it was a very bumpy ride and people were throwing up all over the place. He said he thought they were going to crash the plane into a building." He heard Peter say, "Oh my God. Oh my God. Oh my God." The father said: "I thought I heard somebody scream in the background too. I looked at the TV and saw the plane fly into the World Trade Center." Mary Ellen Salamone of New Jersey knew her husband, John, worked high up in the World Trade Center. He was a stockbroker for Cantor Fitzgerald. Hearing nothing from him, she said, she tried repeatedly to reach him. "I called him a million times. I was so desperate to talk to him, to tell him I loved him before he died." She never got through. Neither did John when he tried leaving a phone message at home. "He called about 10:10," she said. "But it was just static." She was among those who identified the photographs displayed by prosecutors, pictures from wedding albums, from birthday celebrations and family vacations to China, from trips to the neighborhood swimming pool and a Yankees game. Some could hardly hold their right arms straight up to take the oath, their hands shaking so badly. Some drank water from a small cup when the memories overtook them, or buried their faces in tissue. Many left the witness stand emotionally wrought but also, it seemed, relieved. "Today is closure for me on many levels," said Ronald Hans Clifford. He is an Irish immigrant living in New Jersey. He happened to be in the World Trade Center courtyard, and tried to help a woman badly burned there. All the time he was unaware that his sister and niece were aboard the 2nd plane that hit the 2nd tower above him. "I had no clue," he said. The burned woman he tried to save, Jeannieann Maffeo, was 40 and lived in agony for another 41 days in a New York burn center. Clifford did not know that either; he could only recall how together they recited the Lord's Prayer until he and others could get her to an ambulance. Salamone, in her testimony, told the jury she realized she was part of a much larger drama that day. "I'm not the only widow in the world who had young children. I know that," she said. "There are so many 9/11 stories. People with ideal families and ideal stories, and it's such a tragedy that such happiness ended." (source: Los Angeles Times) ******************* Moussaoui Jury Hears From Grieving Families, and From Victims Themselves The jurors who will soon decide whether Zacarias Moussaoui is to be executed or spend the remainder of his life in prison were confronted on Monday with a steady stream of anguished testimony from surviving family members of those killed on Sept. 11, 2001. The prosecutors, who are seeking the death penalty, presented 15 witnesses, nearly all of whom testified at some point through sobs and tears. By the time the Justice Department ends its case Wednesday, some three dozen such witnesses will have testified as part of an effort to impress on the jurors the enduring pain and grief the terror attacks produced. Among them was C. Lee Hanson of Connecticut, who spoke about the loss of his son, Peter; his daughter-in-law, Sue Kim; and his granddaughter, Cristine Lee, 2, the youngest casualty of Sept. 11. Mr. Hanson described talking with his son, who was using his cellphone on one of the hijacked planes, and simultaneously watching events unfold on television. Mr. Hanson said his son told him that he believed the hijackers were "trying to crash the plane into a building," and that he added, "Don't worry, Dad. If it happens, it will be quick." Mr. Hanson testified that he then heard his son say "Oh my God" three times, and that a moment later, he saw the plane, United Airlines Flight 175, crash into the World Trade Center on his television. He described his anguish when investigators were able to return to him only a small bone fragment of his son. While the testimony throughout the day produced sadness among the spectators and some jurors, prosecutors presented additional evidence that produced a more chilling effect: the audiotapes of two doomed people trapped in the towers as they pleaded with 911 operators to send help. Unlike the tape recordings recently released by the New York City authorities, the 2 samples played Monday included the voices of the callers, not just those of the operators. In one tape, Kevin Cosgrove, 46 and the father of 3, who called 911 from the 105th floor of the south tower, said, "We're not ready to die, but it's getting bad." A moment later, he said, "Oh, please hurry; I've got young kids." The tape was played for the jury as a photograph of Mr. Cosgrove was displayed on screens in the courtroom, along with scenes of the burning towers synchronized to the time of his call. In the final snippet of conversation, Mr. Cosgrove said, "Oh my God, ohhh," as the tower started to collapse at 9:58 a.m. The other audiotape was of Melissa C. Doi, 32, a financial manager who worked on the 83rd floor of the south tower. Ms. Doi told the operator that she was with 5 others and repeatedly said, "It's so hot; it's very, very hot." At one point, she told the operator, "All I see is smoke; I'm going to die." The operator replied: "No, no, no. Say your prayers." Unlike what happened in the earlier stages of the tragedy, when 911 operators were rushed and tried to take other calls, in this instance, the operator remained on the phone with Ms. Doi for 4 minutes. Prosecutors later this week will play the cockpit tapes from United Flight 93, which crashed in a Pennsylvania field after passengers overwhelmed the hijackers. Judge Leonie M. Brinkema ruled Monday that the transcript of the recordings would be made public, but that the audiotapes would not be, as some family members had filed objections with her. Mr. Moussaoui has pleaded guilty to conspiracy in connection with the Sept. 11 attacks. Although he was in jail when they occurred, this jury has already found that he was responsible for at least some of the deaths that day because he concealed his knowledge about Al Qaeda's plans to fly planes into buildings. In the current phase of Mr. Moussaoui's sentencing trial, the prosecution is presenting evidence and testimony meant to show that the heinous nature of the crimes of Sept. 11 makes him deserving of execution. During Monday's testimony, Mr. Moussaoui sat silently and appeared to shed his usual posture of indifference. He paid close attention to many of the witnesses, particularly to Sharif Chowdhury, who could barely be heard as he testified that his faith in Islam had helped him deal with the deaths of his son and daughter-in-law in the World Trade Center. Mr. Chowdhury was the only witness who seemed to make a point of glaring at Mr. Moussaoui when he walked by him. Defense lawyers had objected in a sealed motion to the prosecution's presentation last week, arguing that some of it was overdramatized, both in the questions to the witnesses and in the parade of photographs of the victims, including children. Judge Brinkema, referring to the sealed pleading, said that the defense had raised "significant issues" about the appropriateness of the presentation, especially as Mr. Moussaoui was facing a death sentence. She said that prosecutors had not yet behaved improperly, but she asked that they limit themselves to five photographs for each witness. She also said that last Thursday, a prosecutor should not have asked the brother of a woman who hanged herself after her husband died in the attacks about the fate of their uncle. The uncle died of a heart attack on his way back to India, and Judge Brinkema said there was no way to know why his heart had failed. Court-appointed defense lawyers, with whom Mr. Moussaoui does not speak, are likely to begin their case on Thursday. They are expected to say he should not be sentenced to death because he is mentally unbalanced and is seeking the martyrdom that execution would provide. The jury is supposed to weigh the aggravating factors like those presented by the prosecution's witnesses against the defense's mitigating factors, and to choose between death or life in prison. Judge Brinkema is obliged to impose a death sentence if that is the unanimous decision of the jury. (source: New York Times) ILLINOIS: Thompson sentence upheld----Convicted triple murderer will face execution In Springfield, the Illinois Supreme Court on Monday upheld the death sentence of triple-murderer Curtis Thompson, who killed a sheriff's deputy and a married couple in Stark County 4 years ago. In a 5-1 decision, the court rejected Thompson's argument that he acted under an extreme mental disturbance at the time of the March 22, 2002, murders. Thompson, then 60, used a sawed-off shotgun in the slayings of Deputy Adam Streicher and James and Janet Giesenhagen, all in Toulon. Streicher had been trying to serve Thompson with a misdemeanor arrest warrant, and Thompson had feuded with the Giesenhagens for years. Thompson's attorneys presented an insanity defense at his 2003 trial, but jurors opted against it. Circuit Judge Scott Shore sentenced him to death. Most of the Supreme Court agreed that Thompson's conduct was "the culmination of an escalating pattern of violence against citizens in the community of Toulon," according to the majority opinion written by Chief Justice Robert Thomas. Even if Thompson had "a significant psychological disorder," Shore properly determined that the death penalty could be imposed in the case, the opinion said. Thompson's attorney, Charles Hoffman, had tried to convince the Supreme Court that his client does not deserve a death sentence because he is mentally ill. Monday's ruling is disappointing, he said. Thompson "is not among the worst-of-the-worst hardened criminals for whom the death penalty is supposedly reserved," Hoffman said. Rather, Thompson's crimes "were the product of his serious mental illness." The Supreme Court set an execution date of Sept. 12 for Thompson, but Hoffman said his client would not face a lethal injection on that day. Any execution date will remain on hold while Thompson continues to pursue further appeals, a process that likely will take years, Hoffman said. Justice Mary Ann McMorrow dissented from the majority, saying that imposing the death penalty against Thompson "would be fundamentally unjust in this case." "There is no dispute that the defendant was suffering from a mental disorder at the time of the offenses he committed," she wrote in her dissent. The three experts testifying at Thompson's trial disagreed only about whether he suffers from a "delusional disorder of the persecutory type" or a paranoid personality disorder, she added. Thompson did not have a significant prior criminal history, and he displayed "positive attributes," such as sending his 3 children to college, McMorrow wrote. "In my view, this evidence demonstrates that the crimes committed by the defendant were aberrant events fueled by his unstable mental condition," she added. (source: Peoria Journal-Star) NORTH CAROLINA: 'No pain' directive may stop execution----Order may require a doctor or nurse A federal judge has ordered North Carolina prison officials to make sure a death row inmate is unconscious and unable to feel pain during his execution -- a requirement that has halted executions elsewhere. U.S. District Judge Malcolm J. Howard wants prison officials to tell him by noon Wednesday how they will comply with his order, issued Friday. It requires the presence of medically trained personnel to ensure that Willie Brown Jr. is unconscious during his execution, scheduled for April 21. Experts say an anesthesiologist or a nurse anesthetist under a doctor's supervision could do what Howard has ordered. That means North Carolina might find itself in a predicament akin to California's two months ago, when an inmate's execution was derailed. In February, California prison officials couldn't find anesthesiologists willing to make sure Michael Morales, a rapist and killer, was unconscious when paralyzing and heart-stopping drugs were administered. Citing ethical concerns, doctors refused to participate, and Morales wasn't executed. Similar challenges have halted executions in Florida and New Jersey, and the U.S. Supreme Court has agreed to decide whether inmates can challenge the lethal injection protocols apart from their death penalty appeals. "This puts us right in the middle of the national debate," said Rich Rosen, a University of North Carolina law professor and a death penalty opponent. Richard Dieter, executive director of the Death Penalty Information Center in Washington, cautions that lethal injection has not been outlawed. "Judges are saying we want to know more. This is a serious issue, deserving more information from the state," Dieter said. On Monday, prison officials and their lawyers were reviewing the order and declined to comment. Brown, 61, was sentenced to death for the 1983 murder of Vallerie Ann Roberson Dixon, a convenience store clerk in Williamston. Brown had robbed the Zip Mart early one March morning, made off with $90 and kidnapped Dixon. He took her to a logging road, made her lie down in the dirt and shot her 6 times. Brown is 1 of 2 inmates facing execution soon. Jerry Wayne Conner, 40, is scheduled to die by lethal injection May 12 for the murder of a mother and her 16-year-old daughter in Gates County. Conner's lawyers have raised the suffering issue in a federal lawsuit. Pain is debated Brown's lawsuit challenges the state's drug protocol for executions. Inmates are given a series of 3 drugs: 1 to put them to sleep, 1 to paralyze them and 1 to kill them. Brown's lawyers, J. Donald Cowan Jr. and Laura M. Loyek, say inmates may not be sedated enough by the 1st drug. Therefore, they say, inmates may experience intense pain but are paralyzed and unable to communicate their agony. They cite testimony from witnesses who say prisoners appeared to struggle before death. Winston-Salem lawyer Kim Stevens described in an affidavit what she saw when she witnessed the execution of John Dennis Daniels in November 2003: "All of a sudden, he started to convulse, violently. He sat up and gagged. We could hear him through the glass. A short time later, he sat up and gagged and choked again and struggled with his arms under the sheet. He appeared to me to be in pain." Cowan and Loyek included toxicology reports from the state's last four executions showing that post-mortem levels of the sedative varied. Howard, the judge, noted that the toxicology reports contradicted the levels predicted by the state's expert who testified that the inmates were unlikely to experience pain. Though several lawsuits have challenged the state's method of lethal injection, this is the 1st time a judge has reviewed toxicology data. "Serious questions have been raised by the evidence concerning the effect of the current execution protocol," Howard wrote. "If the alleged deficiencies do, in fact, result in inadequate anesthesia prior to execution, there is no dispute that Brown will suffer excruciating pain." Will doctors help? But whether prison officials will be able to enlist doctors to provide adequate anesthesia during executions is unclear. Prison doctors monitor inmates' heart rates during executions, which violates ethical guidelines set by the American Medical Association. The AMA opposes most physician participation in executions. However, national and state professional anesthesiologist groups have not taken a position in the matter. Some doctors might not have any ethical problem with participating in an execution, said Dr. Richard J. Pollard, president of the N.C. Society of Anesthesiologists. Pollard, a Charlotte physician, also said: "I don't think you are going to find a bunch of anesthesiologists lining up to take part in this." Dick Adams, an advocate for crime victims, said this is part of the continuing effort by some to end the death penalty. "It's time that he pay his price to society," Adams said. In 1992, Adams witnessed the execution of John S. Gardner, who murdered Adams' son and a girl in 1982. Adams didn't see any evidence that Gardner experienced a painful death. "He went to sleep very, very, very peacefully," Adams said. (source: The News & Observer) ************* Lethal injection issues halt a N.C. execution ----U.S. district judge cites local ruling, defers death penalty A San Jose federal judge's order halting a California execution because of questions about the state's lethal injection process has become the precedent for a similar court intervention in North Carolina. Citing the San Jose ruling as persuasive, U.S. District Judge Malcolm Howard told North Carolina prison officials Friday that they could proceed with inmate Willie Brown Jr.'s execution April 21 only if someone with medical training is present to make sure Brown is unconscious when potentially painful drugs are injected. As in the California case, Howard said records and observations of executions in his state suggested there were problems with the administration of lethal injections. He cited lawyers' accounts of prisoners apparently writhing in pain on the execution table. Howard gave North Carolina officials until Wednesday to identify medically trained personnel who would attend the execution -- notwithstanding medical associations' codes of ethics, which oppose doctors' participation in executions. Noelle Talley, spokeswoman for state Attorney General Roy Cooper, said Monday that officials were still reviewing the ruling and had not decided how to respond. Mike Edwards, spokesman for the North Carolina Medical Society, said the organization, with 12,000 physician members, followed the American Medical Association ethical code against doctors taking part in executions. The code is not legally binding, however. North Carolina executed five inmates in 2005 and has put 2 more to death this year. California has executed 3 in the same period. Howard's ruling was the first in the nation to rely on U.S. District Judge Jeremy Fogel's unprecedented decision to require medical monitoring of lethal injection, the method of execution used by 37 of the 38 states with death penalty laws. When California officials were unable to comply, Fogel granted a stay of execution to Michael Morales of Stockton, who had been scheduled to die Feb. 21 for the 1981 rape and murder of 17-year-old Terri Winchell. Fogel has scheduled a hearing for May 2-3 in San Jose to determine whether California's lethal injection procedures pose a significant risk of causing severe pain, in violation of the constitutional ban on cruel and unusual punishment. In response to his February ruling, the state has altered its procedures to require continuous infusion of a powerful sedative, sodium pentothal, to keep the prisoner unconscious throughout the execution. Neither the former procedures nor the revision provides for a doctor's participation. John Grele, a lawyer for Morales, said the North Carolina ruling indicates "the courts are beginning to understand that the lethal injection process is much more problematic than it seems on the surface." Senior Assistant Attorney General Dane Gillette, death penalty coordinator in Attorney General Bill Lockyer's office, said he was unaware of Howard's ruling. But he said one piece of evidence cited by the North Carolina judge -- postmortem tests showing a lower-than-expected level of sodium pentothal in the blood of an executed prisoner -- had been "pretty well discredited'' because of the timing of the tests. Brown, the North Carolina inmate, was convicted of fatally shooting a clerk during a 1983 convenience store robbery. As in Morales' case, his lawyers argued that an inadequate or improperly administered initial dose of sodium pentothal may leave the inmate conscious and in pain during subsequent injections of paralyzing and heart-stopping chemicals. After reviewing blood tests, eyewitness accounts and testimony from the same expert witness used by the state in the Morales case, Howard said in Friday's ruling that "serious questions have been raised by the evidence. If the alleged deficiencies do, in fact, result in inadequate anesthesia prior to execution, there is no dispute that Brown will suffer excruciating pain." (source: San Francisco Chronicle) LOUISIANA: 2 accused of killing girl won't face death penalty The death penalty will not be sought against 2 of 3 men accused of killing a 13-year-old girl after she refused to have sex with them, according to a court filing. Herbert L. Prejean, Thornton Gross and Joseph G. James are charged with 1st-degree murder in the October 2004 beating death of Alexuia Feast, whose body was discovered in a wooded area. Prosecutor Floyd Johnson has opted not to pursue the death penalty against Gross, 36, or James, 39, if the men are convicted, according to a formal notice filed in court Monday. Johnson refused to comment on his decision. Johnson said he has not decided whether he would seek the death penalty against Prejean, 31, who was engaged to Feast's sister at the time of the attack. In an unrelated capital rape case, Prejean is accused of raping a young girl at a motel where he had taken her to swim in the summer of 2004. Separate trials have been ordered for the 3 men, starting with Gross on May 1. (source: Associated Press) CALIFORNIA: High court upholds death penalty in 1986 C.V. murder The California Supreme Court on Monday upheld the death penalty for a San Francisco man who killed a Castro Valley woman in 1986 with her own shotgun after breaking into her house. Michael Huggins was convicted in Alameda County Superior Court of murdering Sarah Anne Lees at her house in Castro Valley on March 8, 1986. The jury also found special circumstances that the murder was committed during a burglary, robbery and rape or attempted rape. The special circumstances provided the basis for a death penalty verdict. The original trial jury deadlocked in 1990 on whether to give the death sentence, but a 2nd jury ruled in 1993 that Huggins should be executed. At the time of the murder, Huggins had escaped from a California Youth Authority work crew that was working near Lees' house. Prosecutors theorized at the trial that Huggins broke into her home, robbed her of her shotgun and shot her to death at close range. Huggins claimed he killed her accidentally after she returned home unexpectedly. The state high court upheld the death penalty by a 5-2 vote, rejecting a series of arguments in which Huggins claimed there were errors in his trial. Justices Joyce Kennard and Kathryn Werdegar said in a dissent that the trial judge might have made a crucial mistake by leaving out a phrase in jury instructions during a mental competency trial for Huggins in 1987. The jury in that proceeding found Huggins competent to stand trial for the murder. Kennard and Werdegar said the case should be sent back to Superior Court to determine what was actually said during the instructions. But the members of the court majority, in a decision by Justice Carlos Moreno, said they could "conclude with confidence" that a standard written instruction was read correctly by the judge and that the court stenographer made a mistake in transcription. Huggins now can appeal in the federal court system. (source: Chico Enterprise Record) NEVADA: Nevada court orders new hearing in death penalty case A man sentenced to death for murdering his ex-girlfriend in Las Vegas -- after he was mistakenly released from jail -- has won a new penalty hearing from the Nevada Supreme Court. The high court also says 2 aggravating circumstances brought up by prosecutors in efforts to get the 1st death sentence can't be used again. That still leaves a 3rd "aggravator," that the murder was committed while James Chappell was trying to sexually assault Deborah Panos. Panos, the mother of Chappell's three children, was stabbed repeatedly with a kitchen knife in 1995. His lawyer said Chappell acted in the heat of passion after becoming enraged about a love-letter Panos got from another man. Chappell had been in jail as a result of several charges, including a domestic violence allegation. Following a court hearing on the day of the murder, he was supposed to go to a drug treatment program. Instead, he wound up on the street. (source: Associated Press)
[Deathpenalty] death penalty news----VA., ILL., N.C., LA., CALIF., NEV.
Rick Halperin Tue, 11 Apr 2006 11:06:31 -0500 (Central Daylight Time)
