April 22


FLORIDA:

XBox murder trial will begin July 5


In Daytona Beach, jury selection in the trial of 3 men accused of killing
6 people because of a video game system will begin July 5 in St.
Augustine, a judge announced Friday.

Circuit Judge William A. Parsons, who earlier this month moved the trial
from Volusia County to St. Johns County, said the 6-week trial could
require interviewing nearly 1,000 potential jurors.

Prosecutors and defense attorneys had agreed that intense media coverage
of the case would make it difficult to find an impartial jury in Volusia
County.

Potential jurors were less likely to be tainted by pretrial publicity
because the St. Augustine region is in a different television and
newspaper market, Parsons said.

"At the (St. Johns County) courthouse, they asked me, 'Where is Deltona?'"
Parsons said.

Jerone Hunter, 19, Troy Victorino, 29, and Michael Salas, 20, all face six
counts of 1st-degree murder, 5 counts of mutilating a dead human body and
3 other felonies. Prosecutors allege Victorino organized the baseball bat
attack in 2004 to retrieve an Xbox video game system that he lost.

The men face the death penalty if convicted.

A 4th man, Robert Cannon, 19, faced the same charges as the others and he
pleaded guilty in October to all of them. He will get a life sentence
instead of the death penalty in exchange for his testimony.

Erin Belanger, 22; Francisco Ayo-Roman, 30; Anthony Vega, 34; Roberto
Gonzalez, 28; Michelle Nathan, 19, and Jonathan Gleason, 17, were all
killed in the attacks.

The victims, some of whom were sleeping, did not put up a fight or try to
escape, investigators said. All were stabbed, but autopsies determined
they died of the beating.

(sources: Orlando Sentinel & Associated Press)

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

House passes bill to end time limit on DNA tests for inmates


Inmates who believe DNA can prove their innocence would no longer face a
deadline for pursuing the issue under a measure passed Friday by the
House.

When lawmakers 4 years ago gave prisoners the right to seek DNA tests to
try to prove their innocence they put a time limit on the measure. The
deadline came in October, but was extended to this coming July by the
state Supreme Court.

The measure, which passed 113-1, removes the time limit and allows anyone
convicted of a felony and sentenced in the past, or in the future, to
petition for DNA testing.

Starting July 1, the bill, if passed, will also allow prisoners who plead
guilty or no contest to crimes to seek to have their plea thrown out if
new DNA evidence that they didn't have access to before they entered their
plea arises.

"Justice should have no deadline," said Rep. Arthenia Joyner, D-Tampa.

"It's never too late to do the right thing," added Rep. Mary Brandenburg,
D-West Palm Beach.

Earlier in the week, 2 men who were exonerated by DNA evidence after
spending years in prison visited the House to watch debate on the bill.
Alan Crotzer of St. Petersburg, was set free earlier this year after
spending more than 24 years in prison for a rape he didn't commit. Wilton
Dedge received $2 million from lawmakers last year to compensate for doing
22 years in prison for a rape he didn't commit. Both men were in the
chamber when the House took the bill up Thursday, although they weren't
there for the vote on Friday.

The only dissenting vote in the House came from Rep. Bruce Kyle, R-Fort
Myers, who said he was standing up for victims of crime. He said the
measure could allow prisoners to seek to be freed or get lighter sentences
years after a crime when prosecutors may no longer be able to strongly
refute the prisoner's claims.

The measure also requires DNA evidence from crimes to be kept as long as
the person's sentence.

The bill (HB 61), sponsored by Rep. John Quinones, R-Kissimmee and Rep.
Ellyn Bogdanoff, R-Fort Lauderdale, now goes to the Senate where a similar
measure is still in the committee process.

(source: Associated Press)






VIRGINIA:

Jury poised to get 9/11 death penalty case


THE US government admitted there was no proof to back Zacarias Moussaoui's
dramatic courtroom confession that he was to have been a key player in the
September 11 attacks.

Prosecutors meanwhile presented the final evidence in the trial, laced
with emotion since it opened on March 6, in a bid to debunk defense claims
the Al-Qaeda plotter is a paranoid schizophrenic so he should not be put
to death.

Judge Leonie Brinkema told jurors they will be sent out to start
deliberating on Monday on the fate of Moussaoui, the only man tried in the
United States in connection with the 2001 attacks, which killed nearly
3,000 people.

As the trial drew to a close, defense lawyers dipped into the pain left by
the world's deadliest terror strikes, in a bid to blunt harrowing
testimony from other grief-stricken relatives who testified for the
prosecution.

The most startling revelation on Thursday came as defense lawyers tried to
undercut Moussaoui`s claim that he and British shoebomber Richard Reid
were to have hit the White House with a fifth hijacked jet in the 2001
attacks.

Information on Reid was contained in a stipulation agreed between defense
and prosecution lawyers and read out in court by defense lawyer Alan
Yamamoto.

"To date, there is no information available to indicate that Richard Reid
had pre-knowledge of the 9/11 attacks, or was instructed by the Al-Qaeda
leadership to conduct an operation in coordination with Moussaoui," the
document said.

The statement said that while the 19 September 11 hijackers were in the
United States before the attacks, Reid was travelling between Afghanistan,
Pakistan, the Netherlands, Israel and Turkey.

"It is highly unlikely that Reid was part of this operation," the
declaration said, attributing the comment to two unnamed FBI analysts.

(source: GG2.net News)






NORTH CAROLINA:

Execution didn't need extra drugs----Lawyers argued inmate could awaken,
suffer pain during process


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

He was pronounced dead at 2:11 a.m., said Keith Acree, a spokesman for the
state Department of Correction. Before he died, Brown looked at his sister
and appeared to mouth "I love you."

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, 61, 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 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 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 to consider the appeal. The full appeals court denied the
request.

After the execution, Acree said Brown did not need any additional
sedatives before the lethal drugs were administered, but Cowan said he
doesn't "think we'll ever know if Judge Howard's concerns were met
tonight."

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

(source: Associated Press)




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