[Deathpenalty] death penalty news----MD., MO., S.C., N.C.

[Rick Halperin]

April 14


MARYLAND:

Bus Murder Suspect Cops Insanity Plea


Defense lawyers for the defendant in a high-profile capital murder trial
moved from Baltimore County to Worcester County in February filed an
insanity plea on behalf of their client in Circuit Court in Snow Hill last
week.

Lawyers for twice-convicted murderer Kevin G. Johns, Jr., were in Snow
Hill last Thursday to officially file papers claiming the defendant is not
criminally responsible by reason of insanity for the death of fellow
inmate Phillip E. Parker, Jr. on a prisoner transport bus from Hagerstown
to Baltimore County in February 2005. Because of the high-profile nature
of the case and because prosecutors have said they will seek the death
penalty, prosecutors requested a change of venue earlier this year and the
trial was moved to Worcester County Circuit Court.

Last Thursdays filing of an insanity plea was the 1st significant action
in the case since it was moved to Worcester County, where it will be heard
by a county judge in front of a local jury. Some preliminary scheduling
conferences have been held in Worcester, but last Thursdays entry of an
insanity plea was the first step in what will likely be a lengthy process.

"At the time of the criminal conduct, because of a mental disorder or
mental retardation, Johns lacked the substantial capacity either to
appreciate the criminality of his conduct or to conform his conduct to the
requirements of law," defense lawyers wrote in the insanity plea.

Johns allegedly strangled Parker to death on a bus full of prisoners while
being transported from Hagerstown to the maximum-security Maryland
Correctional Training Center in Baltimore. Johns, already serving a
35-year sentence for a 2002 murder, strangled his cellmate at the Maryland
Correctional Training Center in Hagerstown and was sentenced to life
without parole.

At his sentencing for that conviction, Johns reportedly told a Washington
County judge he would kill again if he was not sent to the Patuxent
Institute for mentally ill inmates, but the judge refused and Johns made
good on his promise the very next day, allegedly strangling Parker during
the bus ride back to the maximum-security facility in Baltimore.

Ironically, Parker testified on Johns behalf during his request to be sent
to the Patuxent Institute.

Although no firm trial dates have been set in, the case will likely appear
on the Worcester County Circuit Court docket later this year. Because of
the sensational nature of the case and because prosecutors are seeking the
death penalty for Johns, the trial will likely create a media circus in
otherwise quiet Snow Hill.

(source: The Maryland Coast Dispatch)

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

Exonerated death row inmate shares his powerful story


No one listened when Kirk Bloodsworth said he was innocent of killing a
9-year-old girl in Maryland in the summer of 1984.

After spending more than 8 years in prison, with 2 of those years on death
row, DNA testing showed he was not the man who beat, sexually assaulted
and killed the child, whose body was found in Baltimore County woods.

When Bloodsworth was released from prison June 28, 1993, he became the 1st
man in the nation on death row to be exonerated based on DNA evidence.

Bloodsworth, 45, shared his story Thursday during Human Rights Day, as he
does wherever he goes, so "it will not happen to anyone else," he said.
His story is outlined in the book "Bloodsworth: The True Story of the
First Death Row Inmate Exonerated by DNA," written by Tim Junkin.

In 1985, Bloodsworth, a Marine with no criminal history, was sentenced to
death. Evidence at trial included a composite sketch of the perpetrator
that was a compilation of descriptions from different witnesses. Other
evidence was that Bloodsworth mentioned a rock to police. Bloodsworth said
that during the police interrogation, he mentioned the rock because it was
on the table during the interrogation.

When he was found guilty, the courtroom erupted in applause, he said.
"They didn't want to hear my explanations," said Bloodsworth. "The gavel
came down on my life and I was over with."

In 1986, Bloodsworth's conviction was overturned because information about
the possibility of another suspect was withheld from the defense lawyers.
He was retried, again found guilty, and sentenced to 2 consecutive life
terms.

While in the Maryland Penitentiary, Bloodsworth learned how to survive,
and read hundreds of books. After reading the book, "The Blooding" by
Joseph Wambaugh, he was inspired to ask the evidence be tested for DNA.
"It was my eureka moment," he said.

His lawyer listened to him and in 1993, after a more sophisticated DNA
test, it was found the DNA on the child's clothing did not match his own.
His joy at being released from prison was dampened by the fact his mother,
his staunch supporter, had died a few months before he was released.

Even after DNA testing, Bloodsworth was harassed by telephone calls and
watched as mothers shepherded their daughters away from him in the grocery
store.

10 years later, an investigator discovered evidence that had not been
analyzed and ran the results through the Combined DNA Index System, an
electronic database of DNA profiles used to identify suspects. Within 48
hours, the results linked the 1984 killing to Kimberly Shay Ruffner, who
was in the same prison Bloodsworth had been in, serving a sentence for
attempted rape. Ruffner pleaded guilty to the crime and received a life
sentence.

The state paid Bloodsworth $300,000 for lost income, which averaged a
little more than $90 a day.

Before he was released from prison, he visited his mother's grave in
shackles and handcuffs. He remembers hearing his mother's voice saying,
"Stand up. If you don't stand up for something, you will fall for
anything," to which he later added to the audience, "You can make a
difference if you stand up."

Many in attendance were moved by his message and stood in line to speak
with him afterward.

"We say 'innocent until proven guilty,' but it seems reversed," said
Chantelle Hendry, an Indiana State University senior. "Criminals have
rights, too. Regardless of what we believe, we've got to respect that."

Bloodsworth now works as a program officer for the Justice Projects
Campaign for Criminal Justice Reform.

(source: Terra Haute Tribune-Star)

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

Experience on death row discussed


Kirk Bloodsworth, the 1st death row inmate to be exonerated by DNA
evidence, spoke Thursday night in Ballantine Hall about his being
wrongfully convicted in 1989 for the rape and murder of a 9-year-old girl
named Dawn Hamilton in 1984. IU's criminal justice department sponsored
the lecture.

At the time of his arrest, Bloodsworth was a 22-year-old ex-Marine staying
in Baltimore.

He said he had no knowledge of Hamilton aside from news coverage he had
encountered, and his arrest stemmed solely from a composite description of
the alleged killer given by 2 young boys. Although the man in question was
described as being skinny and 6-foot-5 and Bloodsworth was considerably
shorter and weighed 230 pounds, people he had never seen positively
identified him as the suspect.

"I was thrown into one of the most horrific and graphic trials of
Baltimore's history," Bloodsworth said.

After a 2-week trial, Bloodsworth was given 2 life sentences and sent to
the Maryland Penitentiary, a place he described as one of the most
notorious U.S. prisons.

"My life was spit, if it was that," he said. "You could smell the hatred
in this place."

Bloodsworth said he encountered death threats while in prison and more
fights than he could ever imagine. Living conditions were so harsh that he
had to stuff toilet paper in his ears so termites wouldn't lay eggs in
them.

In 1993, after learning about DNA testing, Bloodsworth began to push for
the testing of evidence, a concept nearly unheard of at the time. After
almost 9 years, 2 of which were on death row, he was cleared of the
murder.

"I remember screaming at the top of my lungs," he said. "I was the
happiest person on earth."

In the fall of 2003, Hamilton's killer was found. Kimberly Shay Ruffner,
who had been arrested several times for the attempted rape of women and
girls, had been incarcerated at the Maryland Penitentiary at the same time
as Bloodsworth.

"He slept in the same prison as me for five years and never said
anything," he said.

Bloodsworth is now an advocate for DNA testing. He said his motivation for
lecturing is educating young people and preventing cases similar to his.

"If you can kill an innocent person, don't do it," he said. "It's that
simple."

Jeff Swiatkowski's interest in law enforcement drew him to the lecture.

"He's a great speaker -- inspirational, very good," he said.

Bloodsworth said flaws in the justice system that he had experienced could
happen to anyone.

"We work for a system of justice that is adversarial in nature," he said.
"Justice can't be adversarial to the truth, and that's what we should be
seeking."

(source: Indiana Daily Student)






MISSOURI:

King sent back to prison


Accused killer Levi King was been sent back to prison on a parole
violation Wednesday morning.

King, 23, faces murder charges in McDonald County and in Texas in
connection with the deaths of 5 people, including a pregnant woman. He
last appeared in court Tuesday, where his attorney, Charles D. Moreland,
argued the county did not have jurisdiction in the case as McDonald County
prosecutors had dropped the original murder charges, then refiled them
along with a written notice of intent to seek the death penalty.

"We took him back for parole violation," said Sheriff Don Schlessman. "And
when we can send him back to the DOC [Department of Corrections], that's
always good."

Schlessman said the parole violation came when King failed to return to a
halfway house in St. Louis, where he was ordered to stay after serving
approximately 2 years of a 14 year sentence on arson and burglary charges
in connection with a January 2003 break-in and burning of a Pineville
home.

The sheriff added the move came with the stipulation that the DOC was
holding King on the McDonald County and Texas murder charges, "but we get
him first."

"Ordinarily, we like to keep them close by because of the court
proceedings, and intended to move him after the preliminary hearing and
arraignment. But with Tuesday's proceedings, things changed. We start at
Square One. And it has another benefit: If we move people around like
this, it throws them off, they're not as likely to do something."

King currently faces 2 charges of 1st degree murder in connection with the
Sept. 29 shooting deaths of Orlie McCool, 70, the former owner of the
Steak-Out Restaurant; and his daughter-in-law, Dawn Burr McCool, 47. Their
bodies were found at about 10 a.m. Sept. 30 by a relative who had become
concerned about their well-being. Orlie McCool was shot once with a 9 mm
weapon, while Dawn McCool was shot several times.

Ballistics tests determined that shell casings found at the scene matched
a 9 mm Smith and Wesson handgun taken from the home of Scott King, the
suspect's father.

On March 21, King pleaded guilty to charges of killing the McCools, but
defense attorney Moreland argued to withdraw the plea, saying they did not
know of the prosecution's intent to seek the death penalty.

McDonald County Circuit Court Judge Tim Perigo granted a recess to
deliberate the issue. During that recess, the prosecution filed a written
request to seek the death penalty. The 2 Class A felony charges were later
refiled, as was a written intent to seek the death penalty, and the case
was sent back to LePage in the associate circuit division, essentially
starting the process over.

King has also been charged in the Sept. 30 slaying of a Pampa, Texas, man
and several members of his family. Brian Conrad, 31; his pregnant wife,
Michell Conrad, 35; and her 14-year-old son, Zach Doan, were found shot to
death Sept. 15 after a 7:15 a.m. 911 call made by Michell Conrad's
10-year-old daughter. He could face four murder charges in Texas,
including a charge for the death of the Conrad's unborn child.

The Conrads lived 13 miles south of Pampa on Texas Highway 70 and 10 miles
north of Interstate 40 in the Texas Panhandle. Authorities suspect King
traveled on I-40 on his way to the Mexican border.

King was arrested at 11:27 p.m. Sept. 30 by agents with the U.S. Customs
and Border Protection, who noticed a red 2005 Dodge Dakota driving
erratically. The truck turned out to belong to Orlie McCool.

A search of the pickup at the time of King's arrest revealed 4 loaded
weapons, several with rounds in the chambers. 3 of the guns were taken
from Scott King's home, including the 9 mm pistol, an AK-47 and a Russian
6 mm sniper rifle. Also found in the car was a .38 caliber handgun taken
from the McCool's home.

King was originally linked to the Texas murders after a name tag bearing
the name "Brian Conrad" was found in the pickup on Oct. 3, after it was
returned to McDonald County. Bullets found at the scene in rural Texas
matched one of the weapons Customs agents recovered.

(source: Neosho Daily News)






SOUTH CAROLINA:

Prosecutors to seek death penalty in Horry County shooting


In Conway, prosecutors say they will seek the death penalty against a man
charged with killing his estranged wife while out on bail on charges he
kidnapped and sexually assaulted her 5 months earlier.

At a hearing Thursday, prosecutor Greg Hembree said he wants Louis "Mick"
Winkler's death penalty trial to begin in January.

Police said Winkler shot his estranged wife, 50-year-old Rebekah Grainger,
in her home. Along with murder, he is charged with assault and battery of
a high and aggravated nature, and 1st-degree burglary.

Winkler then hid from police for 2 weeks in woods in Horry County.

At the time of the shooting, Winkler was free on bail, under house arrest
with electronic monitoring after he was jailed on charges of kidnapping
and sexually assaulting Grainger in October.

Several of Granger's family members and friends attended Thursday's
hearing. Friend Maggie Bethea said she wished she had been at the October
hearing.

"If bond was denied, then this might not have happened," Bethea said. "He
needs to die for what he did. But he will die easy with an injection."

(source: Associated Press)






NORTH CAROLINA:

Let the killing stop


We love our pets and treat them as part of our families. So when the vet
says the time has come to end their lives, we expect their drug-induced
deaths to be gentle and painless.

The human beings on North Carolina's death row do not get the same
compassion. Many would say that as convicted killers, they're not entitled
to it. Indeed, there is increasing evidence that the protocol of
injections used to kill condemned prisoners may not be as quick or
painless as long assumed.

Willie Brown, Jr., 61, is scheduled to die in Central Prison next Friday.
His crime was the murder of convenience store clerk Vallerie Ann
Robertson. In 1983 Brown robbed the store in Williamston where Robertson
worked, took her to a logging road, forced her to lie down and shot her 6
times. No matter the outcome of his pending appeal, he needs to be kept
away from civilized society for the rest of his life.

But that appeal has thrust North Carolina into the national debate over
methods used to end the lives of condemned prisoners. U.S. District Judge
Malcolm Howard has ordered that Brown's execution can take place only if
medically trained personnel are on hand to ensure he is fully sedated
before paralyzing and heart-stopping drugs are administered. Research has
shown that unless the sedation is conducted properly, the subsequent drugs
may cause the prisoner to suffer terrible pain and the agony of
suffocation.

Ensuring that the sedating drug is properly administered is easier said
than done. The American Medical Association and the American Nurses
Association specifically, and understandably, say their members should not
participate in executions in any way. That would include monitoring vital
signs to make sure a prisoner is unconscious.

The state, determined to execute Brown on schedule, has turned to
technology in an effort to meet Howard's demand. Use of a device called a
bispectral index monitor has been proposed to ensure that Brown is fully
unconscious before the paralyzing and fatal drugs are injected.

It's a macabre world where the government kills to show that killing is
wrong and where technical discussions of the mechanics of the death
penalty cloud the dubious ethics of the act. The questions now swirling
about the use of lethal drugs merely tilt the scales of justice more
toward a temporary moratorium on executions.

The issues that argue for a moratorium grow ever more compelling:
inadequate legal representation by inexperienced or unskilled trial
attorneys, unethical behavior by some prosecutors, advances in crime scene
investigative techniques that call verdicts into question, the documented
racial and socio-economic inequities in sentencing and, above all, the
irreversibility of the sentence all argue for a halt to executions.

The General Assembly, wisely, already has a study under way of inequities
in the capital punishment system. But a moratorium would provide an even
better chance to assess the ultimate fairness and morality of executions.
Discussions about which drugs and which machines are the most efficient,
or the least painful, are but a diversion obscuring the real issue.

(source: Editorial, News & Observer)