[Deathpenalty] death penalty news-----TEXAS

[Rick Halperin]

Nov. 1



TEXAS----new death sentence

Death penalty for convicted killer of Dallas officer


A man convicted in the November 2005 fatal shooting of a Dallas police
officer was sentenced to death Thursday.

Juan Lizcano's sentence was for the capital murder of 28-year-old Dallas
police Officer Brian Jackson. Lizcano was convicted Oct. 9.

Lizcano shot Jackson during a foot chase, prosecutors said. Jackson had
responded to a domestic disturbance call at the home of Lizcano's former
girlfriend.

Jurors considered whether Lizcano should receive life without parole.
Defense attorneys had argued that he should receive the life sentence
because he has a low mental capacity.

(source: Associated Press)

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

Texas Supreme Court Set To Rule On Death Penalty----Court To Decide
Whether Lethal Injection Cruel, Unusual Punishment


A couple of district attorneys in Texas are calling for the state's next
scheduled executions to be canceled.

They are waiting for the Supreme Court to decide whether death by lethal
injection is cruel and unusual punishment, which violates the
constitution.

Local attorneys said they are also keeping tabs.

393 Texas inmates sit on death row awaiting execution. 35 of those are
from Bexar County.

The Supreme Court is reviewing claims that the amounts of drugs used in
lethal injections is cruel and unusual punishment, violating the Eight
Amendment.

2 local attorneys agreed that claims should be reviewed but not much else.

"I think the idea that we can kill people who kill people to deter people
from killing people is pure folly," said Gerry Goldstein, a local attorney
who is against the death penalty.

"It has never been held to be so, and it's been litigated in this state
extensively," said pro-death penalty attorney Ed Shaughnessy.

While Texas execution chambers remain vacant over the next several months,
with no executions scheduled for the rest of this year, Goldstein said he
hopes it's a chance to reevaluate the death penalty.

"Not just because we have made mistakes in the past, but because any human
process is liable to make mistakes in the future," Goldstein said.

Shaughnessy, however, said he sees a lesson coming to the lower courts in
Texas and the rest of the country with the looming Supreme Court ruling.

"They want to give a definitive opinion, saying that is not cruel and
unusual and lower court judges (should) stop giving stays of execution to
people on this issue," he said.

In Harris and Bell counties, prosecutors are asking judges to cancel
executions scheduled for early next year.

In Nueces County, they are not seeking death sentences until the Supreme
Court rules in this case.

In Bexar County, though, death sentences are still being pursued where
appropriate.

(source: KSAT News)

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

Bell County joining others in waiting on Supreme Court before calling for
more executions


Bell County District Attorney Henry Garza said calling for a delay in an
execution merely was a matter of "seeing the handwriting on the wall."

Garza, joined by Harris County officials and others, said Wednesday that
they will wait for a Supreme Court decision on lethal injection procedures
before asking judges to set execution dates for death row inmates.

Garza asked 27th State District Judge Joe Carroll to cancel a Jan. 24
execution date for Denard Manns until the issue is resolved. The judge
agreed, Garza said.

"It just seemed to me that the writing was very apparent," Garza said.
"Now we'll let them rule, and we can come back in and act accordingly."

Roe Wilson, who handles death penalty appeals for the Harris County
District Attorney's Office, said she also plans to ask a judge to withdraw
the Feb. 26 execution date for a man convicted of killing a woman and her
2-year-old son.

"It seems the common-sense thing to do at this point," Wilson said, with
the Supreme Court indicating that most, if not all, executions will not go
forward while it considers lethal injections in a case from Kentucky.

In Texas, execution dates are set by trial judges, typically at the
request of local prosecutors. 26 of the nation's 42 executions this year
have taken place in Texas. No other state has had more than 3.

Texas plans no more executions in 2007 after federal and state judges
stopped four death sentences from being carried out.

McLennan County has two inmates on death row, but neither Carroll Joe Parr
nor Ramiro Rubi Ibarra have pending execution dates. Billie Wayne Coble's
death penalty was reversed by a federal appeals court, and he is awaiting
a new sentencing trial.

McLennan County District Attorney John Segrest declined comment on Garza's
decision to seek the withdrawal of Manns' execution date and the current
state of death penalty litigation. He said with no execution dates pending
for anyone convicted in McLennan County, his comments would be
speculation.

Garza said putting executions on hold until the U.S. Supreme Court rules
on the issue just makes sense. The court might not rule until June or
July.

Manns was convicted in February 2002 in the shooting death of Michelle
Robson, who was in the Army at the time. She was found in her bathtub with
at least 5 gunshot wounds from a .22-caliber pistol to her head. She had
been sexually assaulted, Garza said.

The high court halted an execution in Mississippi on Tuesday. The reprieve
for Earl Wesley Berry, minutes before he was set to die, was the 3rd
granted by the justices since they agreed in late September to hear the
Kentucky case.

The decision brought an emotional response from about 2 dozen members of
the victim's family, who called a news conference to express their
outrage.

"Now you want to tell me that we got a fair shake today?" said Charles
Bounds, whose 56-year-old wife, Mary, was kidnapped from a church and
killed by Berry in 1987.

"Please don't ever let that man out of prison, 'cause you'll have me,
then. . . . I'll kill him," he said.

Justices Samuel Alito and Antonin Scalia would have allowed the execution
to go forward.

Berry was convicted in 1988. His confession was used against him during
the trial.

The Supreme Court has allowed only 1 execution since agreeing to hear the
Kentucky case, which it is likely to hear before its July recess. Michael
Richard was executed in Texas on Sept. 25, the same day the court said it
would hear a lethal injection challenge from two death row inmates in
Kentucky.

State and lower federal courts have halted all other scheduled executions
since then, putting the nation on a path toward the lowest annual number
of executions in a decade.

Berry asked for a delay at least until the court issues its decision in
the Kentucky case. He claimed the mixture of deadly chemicals Mississippi
uses would cause unnecessary pain, constituting cruel and unusual
punishment.

Kentucky's method of lethal injection executions is similar to procedures
in 3 dozen states. The court will consider whether the mix of 3 drugs used
to sedate and kill prisoners has the potential to cause pain severe enough
to violate the constitutional ban on cruel and unusual punishment.

(source: Associated Press)

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

DA decides to hold off on some death penalty cases----County will wait
until Supreme Court rules on punishment's constitutionality


The Harris County District Attorney's Office said Wednesday it will place
some of its capital cases on hold until the U.S. Supreme Court rules on
the constitutionality of the lethal injection process next year.

It made little sense to pursue execution dates when those who already have
them are receiving stays, District Attorney Chuck Rosenthal said.

"Since we don't know when the Supreme Court will rule, we thought we'd
wait until they decided and then set them all," Rosenthal said.

The decision will affect only defendants who have been convicted of
capital murder and sentenced to death, and whose appeals are nearing an
end.

Roe Wilson, an assistant DA who handles appellate matters in capital
cases, also said she will ask that an upcoming execution date for a man
convicted of murdering an Humble woman and her 2-year-old son be
withdrawn.

Derrick Sonnier, 40, is scheduled to die Feb. 26 for the 1991 rape and
murder of Melody Flowers and the stabbing death of her son, Patrick.
Sonnier attacked the pair after Flowers rejected his sexual advances,
authorities said.

Dave Atwood, founder of the Texas Coalition to Abolish the Death Penalty,
said the respite from executions was welcome, albeit likely short-lived.

"For people like myself, when there is any sort of break in this
relentless execution machine, it's a good thing," Atwood said. "But I
would be surprised if that subject matter caused this machinery to grind
to a halt. I'm happy that they have (stopped asking for dates) because it
might help with this image problem we have of pursuing the death penalty
at all costs. But it only reflects that they just understand that the
Supreme Court is not going to allow executions."

The high court agreed in September to hear the appeal of a Kentucky inmate
who argued that the lethal injection method of execution violates the
constitutional ban on cruel and unusual punishment. Such appeals have
argued that the chemical cocktail used in most states could cause
excruciating pain while masking the condemned prisoner's ability to
express it.

That court's acceptance of the case has resulted in a de facto temporary
ban on executions across the United States. On Tuesday, Supreme Court
justices stepped in again, staying the execution of Mississippi killer
Earl Berry just minutes before he was to die.

The only exception was 48-year-old Michael Wayne Richard of Houston, who
went to his death just hours after the court said it would consider the
Kentucky case. His lawyers contend they were unable to get courts to
properly consider their last-minute appeal in light of the day's
developments.

Adding to the uncertainty, a California judge Wednesday tossed out the
state's lethal injection method, saying prison officials failed to treat
the procedure as a new state regulation, which mandates public comment
among other requirements.

2 executions are scheduled in Texas for early 2008, but neither is likely
to go forward.

In Central Texas, Bell County District Attorney Henry Garza said he asked
a judge to cancel a Jan. 24 date for Bobby Woods.

"It just seemed to me that the writing was very apparent," Garza said.
"Now we'll let them rule, and we can come back in and act accordingly."

Karl Chamberlain of Dallas has a Feb. 21 date. A spokeswoman for Dallas
County District Attorney Craig Watkins said the office will ask to
withdraw the date if the Supreme Court has not ruled by then. The Kentucky
case has not been set for oral arguments yet, so a decision by that date
is unlikely.

In Texas, dates for executions are set by trial judges, typically at the
request of local prosecutors. Wilson said her office waited to see how
appeals courts responded to the Supreme Court's willingness to review the
Kentucky case before deciding how to deal with execution dates.

When Richard's case proved to be an exception, it became clear there was
little reason to pursue them, she said.

If the law is unchanged by the Supreme Court decision, executions could
resume within a few months.

26 of the nation's 42 executions this year have taken place in Texas. No
other state has had more than 3. Harris County leads the nation in
sentencing killers to death and seeing those sentences carried out.

(source: Houston Chronicle)

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

Prosecutors await Supreme Court ruling


Denard Manns had an appointment with death. Now, it has to be rescheduled.

The ebb and flow of the judicial system is forcing delays on death penalty
cases across the country as judges and elected officials on Wednesday
halted executions by lethal injection following a decision by the Supreme
Court to examine the punishment and determine if it is unconstitutional.

The decision will delay the execution of 43-year-old Killeen native Denard
Manns, who was scheduled to die Jan. 24 by lethal injection.

In March 2002, Manns was found guilty of capital murder in the November
1998 shooting death of 25-year-old Army medic Christine Robson.

Judge Joe Carroll of the 27th District Court presided over Manns' case in
2002 and set the Jan. 24, 2008, execution date.

Lethal injection is "contested as cruel and unusual punishment," Carroll
said Wednesday, acknowledging that Manns' execution has been called off.
"The Supreme Court said we're going to grant a stay of execution on this
case in Kentucky," the case before the court concerning the
constitutionality of lethal injection.

The decision to hear the Kentucky case had a ripple effect across the
nation. As a result, October was the first month since December 2004
without a state-sponsored execution.

Bell County District Attorney Henry Garza said Wednesday that Kentucky's
method of lethal injection is similar to execution procedures in Texas, so
the district will fall in line with other districts across the country,
moving into a holding pattern for its capital punishment method.

Not every district was so inclined to put a hold on executions; the
Supreme Court halted an execution Tuesday in Mississippi. The reprieve for
Earl Wesley Berry came just minutes before he was scheduled to die and was
the 3rd granted by the justices since they agreed in late September to
hear the Kentucky case.

Earlier this month, Nueces County prosecutor Carlos Valdez in Corpus
Christi also decided not to seek any more execution dates until the matter
was resolved.

Garza emphasized that the Supreme Court is not questioning the death
penalty, only its method. He said the delay will not affect any potential
decision regarding the possible inclusion of the death penalty in future
capital offense cases.

The court will consider whether the mix of 3 drugs used to sedate and kill
prisoners and the way they are administered have the potential to cause
pain severe enough to violate the constitutional ban on cruel and unusual
punishment.

Garza said if the Supreme Court rules to ban the current system of lethal
injection, there has been discussion about the possibility of changing the
formula of drugs currently used by Texas and 36 other states.

Garza added that the Supreme Court will begin looking at the case in
January.

When the court decides on an appropriate method, he will once again ask
Carroll to set an available date for execution.

"When the case comes back before me, the Supreme Court will have then made
their decision," Carroll said. "If they make a decision that says it's not
cruel and unusual, that it's not unconstitutional, then we'll go forward,
... and I'll schedule a new date. (Manns) is just locked up in the
penetentiary, ready to go."

Former Killeen resident Christopher Black Sr., 43, was executed July 9,
2003, the most recent execution for Bell County. Black, a retired Army
first sergeant and native of Portsmouth, Va., was sentenced to death Aug.
10, 1998, for the triple shooting deaths of his wife, daughter and
step-granddaughter in their Killeen home. For 20 years before Black's
sentence, no death sentences had been ordered in Bell County.

Since 1998, three other death sentences have been passed, including
Manns'. Derrick Guillen, formerly of Temple, received the death penalty
after he was convicted in the March 28, 1998, killing of Margaret Shores,
51, founder of a child-care business that catered to low-income families
and disadvantaged children. Guillen was 17 years old.

Most recently, Richard Tabler, 28, was sentenced to death April 2 after he
was found guilty March 21 of capital murder in the Nov. 26, 2004, shooting
deaths of Haitham Zayed, 28, and Mohamid-Amine Rahmouni, 25, and had
confessed to police 2 days later that he also killed Amanda Benefield, 16,
and Tiffany Dotson, 18, on Nov. 28.

(source: Killeen Daily Herald)

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

Judges agrees to move case of buried babies


A judge has agreed to move the trial of a mother accused of stashing the
bodies of her 2 young children under her apartment because of extensive
media coverage in San Antonio.

Valerie Lopez, 20, was arrested in March and charged with 2 counts of
capital murder in the deaths of her 14-month-old daughter Sariyah Garcia
and 4-month-old son Sebastian Lopez.

Defense attorney Michael Gross argued Wednesday that Lopez could not
receive a fair trial in San Antonio because of publicity surrounding the
case.

District Judge Mary Roman delivered her ruling to the lawyers in her
chambers. A location has not been named for the May trial, but a court
official said Roman has inquired whether Nueces County could accommodate
the trial.

Gross said Bexar County District Attorney Susan Reed declared on
television the day of Lopez's arrest that her office would seek the death
penalty. In many cases, the district attorney's office reviews capital
cases before deciding whether to seek that punishment.

"The biggest concern in this case is the unclean hands of the DA's
office," Gross said.

First Assistant District Attorney Cliff Herberg said the defense's
argument was nonsense.

"It's her duty to make those decisions," Herberg said.

Prosecutors said they believed 12 impartial jurors could be found in San
Antonio, despite the case's publicity.

Police searched for days for Lopez and her boyfriend, 28-year-old Jerry
Salazar, after the children's decomposed bodies were found by residents of
a triplex who were trying to locate the source of a foul odor. The bodies
were wrapped in plastic bags and buried beneath the house.

Salazar was charged with serious bodily injury to a child. Police said he
knew Lopez was abusing her children and did nothing to stop it.

(source: Associated Press)