April 12 FLORIDA: 3 say man admitted killing----His 1st-degree murder trial in the death of his ex-wife started Tuesday. A Jacksonville man's 1st-degree murder trial opened Tuesday with 2 police officers and his neighbor testifying he spontaneously told them he killed his ex-wife. "He stated to me, 'I killed her,'" Officer David Scott told jurors deciding Frederick Addison's fate. "I said, excuse me? And he stated to me again, 'I killed her.'" Addison was arrested in May when his ex-wife, Brookview Elementary School fifth-grade teacher Cynthia Addison, was found stabbed to death in the Southside Estates home they once shared. His 88-year-old neighbor, Jefferson Barfield, praised Addison as a good and helpful friend, then told the jury Addison talked about the killing shortly before police arrived. "He said, 'I killed her last night,'" Barfield said. "Then he says, 'I'm going on down here and wait for the police to pick me up.'" Addison, 47, took off his glasses and rubbed his face as testimony against him mounted. Cynthia Addison, 44, had just finalized a divorce and had a court order to prevent contact with her ex-husband. Hours before she was killed, she'd had a dinner date with another man, then a confrontation with her husband once she returned home. Police were called to the home on Patton Road during that confrontation. A patrol officer, Brad Smith, told the jury he found clothing and a picture burning in a barbecue grill outside the home. But he said Frederick Addison was calm and cooperative when he was told to leave because of the court order, which had not been served until then. Assistant State Attorney Pam Johnson told the jury Addison returned to the house that night, entered through the garage and took a knife to his wife's bedroom to kill her. Johnson told the jury there would be tapes of Addison describing the killing and that his description would prove the killing was premeditated. "He said, 'Cyn, I done made up my mind. I'm going to hell,'" the prosecutor said. "He knew that he was going to come back and take her life." Defense lawyer Rodney Gregory told the jury Addison "made a mistake," adding later that he acted "in the heat of passion." Although Addison has been charged with 1st-degree murder, prosecutors are not seeking the death penalty. (source: The Florida Times-Union) NEW YORK----federal death penalty sought Death penalty sought in slayings In White Plains, pederal prosecutors will seek the death penalty against the reputed leader of a violent Peekskill drug ring who is charged with 2 New York City homicides. Khalid "Big Homie" Barnes, 30, of Greenburgh, was indicted along with 5 other reputed members of the gang dubbed the "Barnes Brothers Organization" by law enforcement authorities. Barnes is the only alleged member of the gang to face a death penalty prosecution. Members of the gang are implicated in six attempted murders and murder plots, as well as narcotics conspiracies that date to 1995, according to a 54-page indictment. "The continuing investigation into the Barnes Brothers Organization ensures that they will face justice for numerous additional acts of violence in their community," U.S. Attorney Michael Garcia said. The indictment was the third in the case by a federal grand jury in White Plains since Peekskill police and federal Drug Enforcement Administration agents arrested the reputed gang members March 1, 2004. 8 men have already pleaded guilty in connection with the case and are awaiting sentencing. Khalid Barnes is accused of shooting Demond Vaughan and Sergio Santana on Feb. 13, 2004, during a New York City drug deal, federal prosecutors said. Barnes killed the 2 drug dealers and stole three kilos of cocaine, prosecutors said. The shootings make Barnes eligible for a death penalty prosecution because prosecutors charge they occurred as part of a continuing criminal enterprise. The death penalty prosecution was approved by U.S. Attorney General Alberto Gonzales. There are 63 death penalty cases pending in federal courts, according to Kevin McNally of the Federal Death Penalty Resource Council in Frankfort, Ky. Another 242 cases are awaiting evaluation by the Justice Department. In addition to Khalid Barnes, three other members of his family were charged, including Dawud "Wop" Barnes, 28, Tuere "Rey" Barnes, 23, both of Beacon, and Yusuf "Simie" Barnes. Jahmar Smith, 30, of Peekskill, and Anthony "Toast" Paulino, 22, also were charged in the indictment. All face possible life sentences if convicted. Paulino remains a fugitive. The deadly intentions of the gang date to 1998, authorities said, when Khalid Barnes, Tuere Barnes, and Dawud Barnes hatched a plot to kill 3 men, prosecutors said. >From April 2003 until early 2004, members of the gang plotted and attempted to kill 2 other men, according to the indictment. Khalid Barnes' lawyer, David Ruhnke, who specializes in death penalty cases, did not return calls seeking comment. (source: The Journal News) MONTANA----inmate seeks to drop appeals Court rules Dawson can represent self, seek death sentence The state Supreme Court has sided with convicted murderer David Dawson in his quest to fire his attorneys, end his appeal and move toward his execution. Dawson has been trying since mid-2004 to end appeals that have stalled his execution. His attorneys had been fighting the request in state and federal courts. The Montana attorney general's office said appeals on the separate federal case could still slow the scheduling of an execution date. "The federal court should give deference to the state court. But this is small piece of the puzzle because there is still active litigation in federal court," said Jennifer Anders, appellate services bureau chief with the attorney general's office. Dawson was sentenced to death in 1987, for taking a family captive at a Billings motel room and killing David and Monica Rodstein and their son, Andrew. A daughter, Amy, was rescued by police. The state Supreme Court decided Tuesday that Dawson "is not suffering from a mental disease, disorder, or defect, he has the capacity to appreciate his position, he has made a rational choice with respect to continuing or abandoning further litigation, and his motion to dismiss this appeal is voluntarily made." The Supreme Court decision mirrors the opinion of a lower court judge and a federal judge, who ruled separately that Dawson knew the consequences involved in what he was asking. The case was sent back to District Court, paving the way for an execution date, though that date could be altered by any possible action on the federal level. Dawson has said that his attorneys have their own agenda, and he'd asked them repeatedly to step aside. Dawson has said in court that he is "ready to die." Yellowstone County Attorney Dennis Paxinos, who helped prosecute Dawson, said he was glad the state Supreme Court took the position it did. He noted that next week marks the 20th anniversary of the murders. A telephone message left for Bill Hooks, an attorney who had represented Dawson, was not immediately returned. Alex Beal, law clerk for District Judge Gregory Todd in Billings, said the judge would set an execution date after receiving the Supreme Court's decision in the mail and likely after talking with state prison officials in Deer Lodge, where Dawson is an inmate. "We pick the date, but obviously they have a significant role in this," he said. Beal said he expects any date Todd sets will be delayed by an appeals court while the matter makes its way through the federal court system. The case had been in both state and federal courts when Dawson decided he wanted to end his appeals. The Montana Supreme Court ruled on a number of issues. The court denied the motion of Dawsons attorneys to file a supplemental brief, granted Dawsons motion to fire his lawyers, ruled that alternative counsel will not be appointed to represent Dawson, granted Dawsons motion to dismiss the appeal in state courts and sent the case back to District Court for scheduling of an execution. 6 Supreme Court justices signed the majority opinion, dismissing an argument from Dawson's attorneys that years on death row have stripped him of the desire to live. "There is no evidence that Dawson has been denied any right while incarcerated at the Montana State Prison, and certainly no evidence of prison conditions that would cause Dawson to 'abandon his desire to live,'" the opinion read. Justice James Nelson filed a concurring opinion, but cited different reasons for allowing Dawson to move forward with the execution. He said Dawson has a constitutional "individual privacy right to determine to end his life by acceding to his sentence of execution, rather than remaining in prison for the rest of his life." (source: Associated Press)
[Deathpenalty] death penalty news----FLA., N.Y., MONT.
Rick Halperin Wed, 12 Apr 2006 10:14:22 -0500 (Central Daylight Time)
