[Deathpenalty] death penalty news----N.C., TEXAS, CALIF., S.C.

[Rick Halperin]

April 21



NORTH CAROLINA----execution

North Carolina Man Executed For 1983 Killing


Willie Brown Jr. was executed early Friday for the 1983 killing of a woman
during a convenience store robbery in Martin County.

Brown, 61, was pronounced dead at 2:11 a.m., said Keith Acree, a spokesman
for the state Department of Correction.

The execution came after Gov. Mike Easley rejected Brown's clemency
request Thursday evening and the U.S. Supreme Court and a 3-judge panel of
the 4th U.S. Circuit Court of Appeals in Richmond, Va., also ruled against
him.

Brown was sentenced to death for the slaying of Vallerie Ann Roberson
Dixon. He was sentenced in 1983 in Martin County Superior Court and
received an additional 40-year sentence for armed robbery.

Brown's attorneys had argued that the death penalty is unnecessarily cruel
because Brown might remain conscious and suffer pain while being put to
death by injection. Before the Supreme Court, they had argued that he was
poorly represented by his trial lawyer and that the judge gave erroneous
instructions to the jury.

At one point, his attorneys convinced a federal judge to order the state
to change its procedures to ensure that condemned inmates stayed asleep
during their executions.

U.S. District Court Judge Malcolm Howard said he would stop Brown's
execution without such an assurance. But, he allowed the state to proceed
after it agreed to bring in a brain wave monitor to measure Brown's level
of consciousness and have medical personnel ready to sedate him again if
necessary.

A 3-judge panel of the 4th Circuit Court of Appeals affirmed Howard's
decision in a split ruling Thursday. Judge M. Blane Michael dissented,
saying the state failed to prove that the monitor by itself would be a
reliable gauge of Brown's level of consciousness.

Given the dissent, Brown's lawyer, Don Cowan, filed a motion asking the
full court - 14 judges - to consider the appeal. The full appeals court
denied the request.

At Central Prison, about 40 people protested and 8 were arrested on
trespassing charges.

Brown becomes the 3rd condemned inmate to be put to death this year in
North Carolina and the 42nd overall since the state resumed capital
punishment in 1984.

Brown becomes the 14th condemned inmate to be put to death this year in
the USA and the 1018th overall since the nation resumed executions on
January 17, 1977.

(sources: Associated Press & Rick Halperin)

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

Brown executed for 1983 murder----The execution was to be 1st to use
monitor to measure inmate's level of consciousness


Convicted killer Willie Brown Jr. was executed about 2 a.m. today for the
1983 slaying of a Williamston convenience store clerk.

The U.S. Supreme Court refused to hear an appeal by Brown's lawyers that
the state's lethal injection procedures put him at risk for a painful
execution. Not long after, Gov. Mike Easley denied clemency.

The state uses a 3-drug cocktail to execute death row inmates: 1 drug to
put them to sleep, a 2nd to paralyze them and a 3rd to stop their hearts.

Citing eyewitness accounts and toxicology evidence, Brown's lawyers argued
that there was a possibility that inmates were not fully sedated before
the second and third drugs were injected and therefore could be awake to
experience agonizing deaths.

Without comment Thursday afternoon, 2 federal appeals court judges on the
3-judge panel affirmed U.S. District Court Judge Malcolm J. Howard's
ruling that the state has proposed adequate measures to ensure Brown is
unconscious before the final 2 drugs are injected.

The state planned to have a doctor and a nurse watch a bispectral index,
or BIS, monitor, that measures brain waves and ranks Brown's level of
consciousness from a scale of zero to 100. The state's expert said once
Brown's consciousness level dropped below 60, there was little risk that
he would be conscious.

Brown is thought to be the 1st inmate to have the BIS monitor used in his
execution.

Experts had criticized the state's proposal because it requires medical
professionals to participate in executions in violation of their
professional ethics and their roles as caregivers.

Brown's lawyers argued that the state was misusing the BIS monitor, which
the manufacturer said was not intended to be used alone but rather as one
piece of information among many considered by an anesthesiologist to
determine whether a patient is adequately anesthetized. It was unknown,
they said, whether the doctor and nurse are adequately trained to use the
machine.

In a dissent, federal appeals court Judge M. Blane Michael wrote, "Brown
presents an impressive array of evidence that although a BIS monitor may
be helpful in assessing the effectiveness of anesthesia, it is not
suitable as the state intends to use it."

He concludes, "The clear weight of evidence ... reveals that the state's
use of the BIS monitor will not adequately ensure that Brown will remain
unconscious throughout his execution."

Brown was sentenced to death for the 1983 killing of Vallerie Ann Roberson
Dixon, a clerk at the Zip Mart in Williamston. Dixon was taken from the
store and found the same day as the robbery lying facedown along a logging
road after being shot 6 times.

Brown, who maintained his innocence, was convicted of murder and armed
robbery.

(source: Associated Press)

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

Protesters Plan To Make Last-Minute Stand At Prison


On Thursday, there was a peaceful, orderly death penalty protest in front
of the State Capitol to protest Brown's scheduled execution. That rally
was perfectly legal. However, during the past three executions at Central
Prison, some protestors left the barricaded sidewalk and blocked the
prison entrance. State Capitol Police arrested dozens of them, including
Martin Caver.

"I would rather be in jail than be part and parcel to a murder," said
Caver, whose charges were dropped.

In most cases, the Wake County District Attorney dropped the charges. But
protestors arrested 2-3 times are now out of luck. The state is trying 10
people for trespassing at Central Prison. Those charged said a prayer
before entering the Wake County Courthouse Thursday to face the charges.

"We went into the action knowing we were probably going to be arrested,
and we were willing to face any legal ramifications of that," said
arrested protestor Eric Getty outside the courtroom.

They say it is worth the risk because they passionately believe executions
are wrong. Their goal is to prevent people taking part in the execution
from entering the prison. Protestors say they plan to block the entrance
on the eve of Brown's execution.

"It will happen tonight, and whether or not I'm a part of it I will decide
as the day unfolds," said arrested protestor Sheila Stumph. "I still have
hope that the courts will do the right thing and that Gov. (Mike) Easley
will do the right thing."

The protestors in court Thursday will be back in front of a judge for a
trial on June 19. They plan to represent themselves. If convicted, they
could be sentenced to 40 days in jail.

(source: WRAL News)

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

Execution protesters' trial date postponed


They tried to enter Central Prison in December, intent on halting the
nation's 1,000th execution.

They were stopped and arrested, but the charges were dropped.

They did it again in January before the state executed Perrie Dyon
Simpson. And when Patrick Moody was killed by lethal injection in March,
the group had tried yet again to stop an execution.

The death penalty opponents thought they would have their day in court
Thursday for acts of civil disobedience.

10 protesters made an appearance before a judge in Wake District Court.
But their trial was delayed until June.

Emergency Wake District Court Judge Russell Sherrill agreed to join all 20
cases for one trial.

Sherrill also told prosecutors to set aside a courtroom for the case June
19.

Those charged with two counts of second-degree trespassing include an N.C.
Central University professor and several Duke Divinity School students.
They are: David Eugene Arthur, Elizabeth Brockman, Matthew S. Gates, Eric
R. Getty, William Gural, Scott Langley, Sheila McCarthy, Daniel Schwankl,
Leah Wilson-Hartgrove and Jonathan Wilson-Hartgrove.

The maximum penalty for each count is 20 days in jail.

At an appointed time during recent overnight vigils before 2 a.m.
executions, protesters attempt to walk down the prison driveway from
Western Boulevard. When stopped and asked to stand behind barricades on
the sidewalk, many try again, then sit down or lie down. They pray, sing
or read aloud until they are handcuffed.

"We will argue that our act of trespass is a minor offense compared to the
death sentence carried out by the state," Langley said.

Some of those already facing charges were expected to try their strategy
again Thursday night before the scheduled execution of Willie Brown early
Friday.

"There are people who are committed to continuing our actions at the
prison," Langley said. "And more and more people are going to find
themselves in the courtroom."

(source: The News & Observer)






TEXAS:

Couple faces capital murder charges


A Jamaica Beach man and woman face capital murder charges in the December
death of the womans 4-year-old grandson.

A grand jury hearing the case indicted the pair, already facing charges of
possession of chemicals with intent to manufacture a controlled substance
and endangering a child, after a hearing Thursday afternoon. The couple
also faces a charge of possession of a controlled substance.

Kraig Lee Jenkins lived in an apartment with his grandmother, Barbara Ann
Bawarsky, 44, and Bawarskys boyfriend, Daniel James Gray, 52.

On the morning of Dec. 22, police and emergency crews responded to 9-1-1
calls about a loud disturbance emanating from the apartment. They found
Kraig unconscious and not breathing. He was later pronounced dead at the
scene.

Investigators also found what they called a "meth lab," where they allege
the illegal stimulant crystal methamphetamine was being manufactured.

Capital murder carries only two punishments - life in prison or the death
penalty. County Criminal District Attorney Kurt Sistrunk said he had not
decided whether to pursue the death penalty against one or both of the
defendants.

"It's too early," he said. "We'll be reviewing the evidence collected by
the sheriff's office, who investigated the case, and the medical
examiner's office."

The remaining charges carry a possible total prison term of up to 220
years in prison.

Bawarsky and Gray were both in jail Thursday and have been in custody
since December.

Thursday's indictments become formal in about a week when a judge signs
them.

(source: Galveston County Daily News)

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

Attorneys in 'closet killings' trial collect loads of evidence


There is a cart in the office of Jefferson County prosecutor Ed Shettle
that is filled with a voluminous amount of files and documents that he
must sort through in the next several months.

Shettle has a unique case to prepare for - the first serial murder trial
in Jefferson County history.

The Jefferson County District Attorney's office will be prosecuting and
seeking the death penalty for Gary Sinegal, the man charged with the
beating deaths of 91-year-old Louise Tamplin and 86-year-old Margie
Gafford on April 21, 2005, in Port Arthur. Early forensic lab results
linked 40-year-old Sinegal to the 2 deaths.

A 3rd woman, 82-year-old Dorothy Barrett, was also murdered in her Port
Arthur home just days before, but there was not enough initial evidence to
charge Sinegal with that crime. Her death is still under investigation and
Sinegal is considered a suspect. All 3 of the dead women were beaten and
stuffed into their bedroom closets.

Another woman, 60-year-old Brenda Choate was also attacked on April 21 in
her home, just blocks from the other crime scenes, but was able to fight
off the assailant. She later identified Sinegal in a police line up.

"There is a lot of scientific evidence in this case," Shettle said. "DNA
evidence will be a very important part of this trial."

Jury selection is scheduled to begin on July 31 in the Criminal District
Court of Judge Charles Carver.

"It will likely take 3 weeks to pick a jury and testimony will begin after
that. It is going to take a while to try this case," he said. "This kind
of a case is long and complicated because you are basically trying 2
murder cases before one jury."

Shettle explained the definition of serial capital murder as the taking of
at least 2 people's lives in separate criminal episodes but pursuant to a
similar scheme or design.

"We will be seeking the death penalty. I believe this is the kind of case
that is appropriate for the death penalty. There were two senseless crimes
that make up the serial capital murder charge, and I think if a jury is
convinced beyond a reasonable doubt that he is guilty, then their job on
the punishment will be fairly easy," Shettle said.

While Sinegal waits in the Jefferson County Correctional Facility, his
defense lawyer James Makin and co-counsel Jimmy Hamm are also hard at
work.

"My priority is to either get the death penalty off the table or produce
enough evidence to prove the client's innocence," Makin said. "Our case is
moving right along, and we are doing everything we can to get ready for
the July court date."

Makin said there are still test results and discovery material coming in.

He said as the court date approaches, the defense will look at the
possibility of requesting a change of venue.

"As it gets closer to the date, we will look at that possibility. For one
thing we have to look at how the media coverage has been up until that
point. A change of venue is always a consideration in a capital murder
case," Makin said.

Sinegal has prior felonies and served 21 years out of a 60-year prison
term for robbery with a firearm. He was paroled and released in November
2004.

In April, Sinegal was first held in the county jail with a $95,000 bond
for 2 counts of burglary. The capital murder charge raised his bond to
$195,000. But because he has parole violations he is not eligible to post
bond.

"Right now the best way to describe Mr. Sinegal is stoic. He is trusting
in his lawyers to handle his case," Makin said.

(source : Port Arthur News)






CALIFORNIA:

Moratorium gives time to examine problems -- Assembly Bill 1954


Proposed Assembly Bill 1954, which would prohibit physician involvement
with executions, just passed through its first committee and will
hopefully go on to become law.

The legislation is aimed at alleviating the ethical dilemma doctors face
in helping to make execution painless. All physicians have taken a form of
the ancient Hippocratic Oath, which is a pledge to help cure and not be a
detriment to any patient. Arguing that physicians must be present to make
the procedure as painless as possible is ironic given the lethal outcome
of the execution. Assisting in the killing of an inmate clearly violates
the oath; doctors should not be forced to violate such a promise.

California has been under a stay of execution since the incident with
Michael Morales in late February. His execution was halted due to a judge
mandate that medical personnel take part in the procedure. No one was
willing to assist with the injection.

While AB 1954 tackles a critical element of the complex death penalty
issue, all topics need to be investigated. The moratorium on executions
should spark debate about the many problems currently associated with the
execution of prisoners.

Empirical evidence of racism has been identified with death sentences and
the monetary costs are enormous when compared to non-life-ending verdicts.
For example, a study found the murder of a white individual is four times
more likely to be punished with the death penalty than if the victim were
black or Latino. And, it costs Los Angeles County taxpayers nearly
$700,000 more for a death penalty defendant than to sustain a life
imprisonment convict.

Fixing the problems associated with the death penalty is long overdue.
Family members and loved ones of the 650 death row inmates in California
should take this stay as a time to lobby for changes in the way capital
punishment is executed.

(source: Editorial, The California Aggie)






SOUTH CAROLINA:

Redefining the death penalty----South Carolina backs execution for
child-rapists


Neighborhood teenagers called him Uncle Kenny, the wiry man whose trailer
sat on a junk-strewn lot behind thick pines and a "No Trespassing" sign
where the paved road turns to dirt.

Kenneth Glenn Hinson, 47, had no children but seemed to treat his
neighbors' kids as if they were his own. He would listen to their
problems, pile them into his pickup truck for weekend outings at Johnson
Lake and roast marshmallows with them during sleepovers at his home.

"My kids stayed down there, camped down there with him and cooked down
there with him. Hell, half the neighborhood did," said Donna McGee, who
knew Hinson for four years. "Nobody ever suspected anything."

They didn't know that Hinson had spent nine years in prison for raping a
12-year-old girl in 1991. Or that 15 years later, he would be charged with
another crime so outrageous that South Carolina lawmakers would test the
constitutional limits of the death penalty by proposing the execution of
repeat child rapists.

Two 17-year-old girls fled Hinson's property last month, saying he had
taken them from a home, bound their mouths and wrists with duct tape and
raped them in a shallow dungeon under a trapdoor in his tool shed. Hinson
was captured March 17 after a 4-day manhunt.

A week after Hinson's arrest, South Carolina's Senate voted 38-4 to allow
the death penalty for sex offenders convicted a second time of raping
children younger than 11. Oklahoma lawmakers are considering a similar
bill.

Gov. Mark Sanford and South Carolina's attorney general, both Republicans,
have endorsed the death penalty for child rapists. A state House committee
has yet to take up the measure.

Like most of the 38 states allowing capital punishment, South Carolina and
Oklahoma reserve the death penalty for murderers. Only three states --
Louisiana, Florida and Montana -- have laws allowing the death penalty for
sex crimes, and no such executions have been carried out since the U.S.
Supreme Court let capital punishment resume 30 years ago.

"There are a lot of people who would argue a rape of a child is tantamount
to taking their life, because you deprive them of their childhood," said
Jay Hodge, the prosecutor in Hinson's case. But "as a practical matter, I
don't feel comfortable that the U.S. Supreme Court would go along with
it."

The Supreme Court in 1977 overturned the death sentence of a Georgia man
condemned for raping an adult woman. It declared that execution "is an
excessive penalty for the rapist who, as such, does not take human life."

The U.S. has 1 inmate on death row for a rape that did not result in
murder: Patrick O'Neal Kennedy of Louisiana, convicted in 2003 of raping
an 8-year-old girl.

The Louisiana Supreme Court upheld the state's death penalty for child
rapists four years before Kennedy's conviction. It said the U.S. Supreme
Court ruled only on executions for rapists of adults, not children.

Appeals of Kennedy's death sentence could force a new showdown in the
nation's high court.

"Anything less than the taking of a life could never justify an execution
-- that's how most people read the Supreme Court decision," said Kay L.
Levine, a law professor at Emory University in Atlanta.

Rick Hoefer, Hinson's court-appointed attorney, declined to comment on the
death penalty proposal or the case against his client. "I can't imagine
any good coming out of trying this case beforehand in the press," he said
Tuesday.

On Hinson's 4-acre property -- littered with discarded tires, broken
furniture and bulging trash bags -- the dungeon sits camouflaged beneath a
rickety shed.

It was a chilly, crypt-like space, just 4 1/2 feet deep and about the
length and width of a midsize car, with the floor and walls lined with
2-by-4s. A single 75-watt bulb illuminated the space.

"It reminds me of something out of a movie -- a real bad horror movie,"
said Hinson's niece Renee Faile, who turned him in during the manhunt
after he came to her backyard asking for a glass of water and a cigarette.

Though South Carolina's proposed death penalty change would not affect
Hinson -- the alleged victims are too old, and the law could not be
applied retroactively anyway -- Faile said she is beginning to think child
rapists such as her uncle do not deserve to live.

"Yeah, he's a family member," she said. "But he's also done wrong."

(source: Associated Press)