May 19 TEXAS: Mother charged with capital murder----Report: 2 1/2-year-old girl died from blunt force trauma to the head In Brownsville, the mother of a 2 1/2-year-old Harlingen girl who died Feb. 17 has been indicted on a capital murder charge, a Cameron County District Attorneys Office spokesman said Friday. A grand jury indicted Melissa Elizabeth Lucio, 37, Chief First Assistant District Attorney Charles Mattingly said. The childs father, Roberto Antonio Alvarez, 36, was indicted on a charge of injury to a child, serious bodily injury by omission, Mattingly said. The pair were arrested the same day as the girls death, Mattingly said. The toddler was pronounced dead at the scene. In February, a Texas Department of Family and Protective Services spokeswoman said seven children, including the toddler who died in February, were removed from an apartment in 2004 and returned in November 2006. The parents had both found jobs, had taken anger management courses, random drug tests and counseling before a hearing was held to allow the return of their children, Regina Garcia, a Corpus Christi-area spokeswoman for the state agency, said. Monitoring by the Child Protective Service continued after the children were returned, she said. After the February death of the child, several relatives requested custody of the children, who were placed in foster care, Garcia said. A preliminary autopsy report said the toddler died from blunt force trauma to the head. Capital murder is punishable by Capital Life without possibility of parole or by the death penalty, Mattingly said. Injury to a child, serious bodily injury, by omission, is a 1st-degree felony, punishable by 5 to 99 years or life in prison and as much as a $10,000 fine, he said. (source: Valley Morning Star) ********************** Copperas Cove man pleads not guilty in death of infant son A Copperas Cove man on Friday pleaded not guilty to 2 charges, including one for capital murder, in connection with the injury and death of his 23-month-old son. Antoine Shields, 28, was arraigned in 52nd District Court before Judge Phillip Zeigler on one count of capital murder and one count of first-degree felony injury to a child in the March 24 death of Keyken Vanhardenberg-Wade. Coryell County District Attorney David Castillo said he has not decided whether he will seek the death penalty. "Each case has to be evaluated independently. We will look at the totality of the circumstances to make that decision," Castillo said. Zeigler did not set a date for Shields' next court appearance. "He is contemplating contacting a death penalty-certified defense attorney in anticipation of a death penalty being sought, which he is required to do by law," Castillo said. Anthony L. Smith of Temple is the court-appointed attorney for Shields, who was indicted Tuesday by a Coryell County grand jury. Smith said he plans to remain on the case, but he is not certified by the Court of Criminal Appeals as a death penalty-qualified attorney, and therefore may have to take second chair if the state pursues capital punishment. "He is deeply saddened by the death of his child," Smith said of his client. "This is a good opportunity to educate the public on signs of internal injuries and to know they need to seek medical help, especially young, inexperienced parents." The toddler's mother, 22-year-old Tashawna Vanhardenberg, also was indicted Tuesday on three counts of injury to a child. Her arraignment is scheduled for May 25. The indictment charged Shields with the death of his son by "striking or causing (Vanhardenberg-Wade) to strike an unknown object or surface" and then causing serious bodily injury by omission for subsequently failing to obtain reasonable medical care. Vanhardenberg also was accused of striking her son and failing to obtain medical care and was charged with causing serious bodily injury by failing to protect the child from Shields, according to the indictment. The grand jury decided the appropriate charges for each parent based on an investigation conducted by the Copperas Cove Police Department and the Texas Rangers, Castillo said. According to the arrest affidavits, Shields and Vanhardenberg told police conflicting accounts of the events leading up to the child's death. Police records state the parents told officers upon arrival the boy was injured when one of his siblings pulled a microwave down on top of the child's head at the Cactus Motel in Copperas Cove. However, when questioned separately, Shields told officers the child was injured when Vanhardenberg threw the boy and caught him by the leg, causing him to hit his head on the floor. According to the affidavit, Shields said that he "was able to hear the bone shatter and break and that Keyken was then unable to walk or respond." When Vanhardenberg was questioned, however, she told police she had been away from home but returned to find the child, who was unresponsive, being held in the shower by Shields, the affidavit states. Shields and Vanhardenberg failed to notify authorities and emergency personnel until at least one hour after the injury occurred, the arrest affidavit states. The two are being held in the Coryell County Jail. Their bonds were set at $400,000 apiece. (source: Killeen Daily Herald) ********************** Killing time This day was about Tim Hudson. His name and stories about his life were on the lips of all who went Wednesday to witness the execution of the man convicted of his murder. There were stories about the father, grandfather, friend, co-worker and Pecos County Sheriffs deputy who was shot in the line of duty. And, it was a final chapter in an 18-year-long story for Kerrville resident Gwinn Hudson-Simmons, who made the 325-mile trip to Huntsville Prison to see her fathers killer Charles Edward Smith put to death. Anticipation With the execution more than 4 hours away, Hudson-Simmons could hardly sit still. To fill some time, she and the others her son James and fianc, Tommy Ryno; former Pecos County Sheriff Bruce Wilson; friend, Javier Ybarra; and 112th District Attorney Laurie English visited the Texas Prison Museum, just about a mile from their hotel. A short video on the prison system in Texas played on a small screen while the group sat on baby blue benches that were once used by inmates in the Walls and Ellis prison units during leisure time. Hudson-Simmons reached over and gently rubbed her sons back. She winced and shook her head when the voice on the video said how many inmates are released on parole every year. After the video, talk quickly focused on Tim Hudson. "Every time one of my kids accomplishes anything, I think about my dad, and how he missed out on so much," Hudson-Simmons said. "My dad always had such a great sense of humor. He saw the positive and humor in everything." Many of Hudson's friends and even his wife, Vera, now are deceased, but his daughter said there is no denying that he was full of life and taken too quickly. "My dad was so friendly, even to the people he arrested," she said. "He would buy you a steak on the way to the jail." Remembrance As a teen, Hudson-Simmons would often ride in the patrol car with her dad. "There were 3 cops in town, and he was one of them," she said, laughing. "One night we went to work a domestic violence call. My dad grabbed his flashlight and went inside the house. The next thing you know, the wife, who called the cops, jumps on his back. Well, he gets her off and then the husband comes out and spits on my dad, and it hits him in between the eyes. "Well, my dad wasn't going to take that. He took his flashlight and started beating him with it. My dad taught that guy a lesson in respect." Wandering through the museum of old handcuffs and memorabilia from famous gun battles, the magnitude of the evening's event began to sink in. "It never occurred to me that this could happen to my dad," Hudson-Simmons said. "This has been a long time coming. Putting him to death will guarantee that this man will not kill anyone else's family member." Later while eating lunch, several members of the group talked about what they would say to Smith if they were given the opportunity. One of those was Bruce Wilson, who was a friend of Hudson and also sheriff at the time Hudson was killed. Wilson, soft spoken but a lawman to the core, with a stern look on his face said, "I would say, 'Remember that little song you sang? Well now I am singing.'" Wilson was referring to Smith singing the 1970s Eric Clapton song "I Shot the Sheriff" and amending the words to say, "But in my case it was the deputy," while in the Pecos County Jail. After lunch, the group headed to death row for the preparation process. Last breath The execution was set for 6 p.m. The time had finally arrived. The moment she had been waiting for. Before being allowed in the waiting room, all who were to witness the death were searched and then scanned with a handheld metal detector. Hudson-Simmons and other witnesses waited at the end of a long hallway in a building that once housed death row inmates. It was hot and humid. Trouble locating Smith's viable veins to carry the deadly drugs created a delay that felt hours long. Entering the witness room, the first sight was Smith, dressed in white, strapped to a T-shaped gurney, his arms stretched out and secured. A long white sheet covered him from his chest to his feet. His dark, thick glasses sat on his nose. For being Texas' death chamber, it wasn't as gloomy as one would imagine. The aqua green walls were almost friendly, but what was about to occur was apparent when looking back at Smith. A chaplain dressed in all black was a stark contrast to Smiths white shroud. The chaplain had 1 hand on Smiths leg. The other was holding a small black Bible with gold binding. Hudson-Simmons and Wilson were the first to walk into the viewing room. Smith slightly turned his head to the left and glanced at the 2. They were the last 2 people he would see. Just a few feet away in a separate viewing room were friends who Smith had invited to watch him take his final breath. A black microphone hung awkwardly above Smith. The warden asked if he had any last words. He simply said, "No, sir." With that simple answer, the drugs began flowing through his veins. Ryno put his hand on Hudson-Simmons' shoulder. She grabbed his hand and held it tight as Smith began what sounded like snoring. Slightly trembling, Hudson-Simmons bowed her head just feet from the man who killed her father 18 years ago. Wilson, standing next to Hudson-Simmons, was filled with emotion as he heard the sounds of the dying man. He bowed his head, tears welling up. Hudson-Simmons reached over and soothed him with a gentle touch. The snoring-like sounds continued for minutes, then nothing. The witness room was silent. Smith was silent. His breathing began to slow. The rise and fall of his chest became almost invisible. His lips turned blue. A doctor came in. Hudson-Simmons tensed and looked wide-eyed as the doctor searched for a pulse. He found none. The silence, which lasted for what seemed like an eternity, was broken at the sound of a voice saying "6:41" the time of death. Just 11 minutes after the drugs were administered, Smith was gone. One by one, the witnesses filed out of the viewing room. On last glance, the white sheet had been pulled over Smith's face. He was 41. Moving on After the execution, Hudson-Simmons agreed to speak at a press conference. "I'm glad he didn't say anything negative," she said. "You wait on something 18 years that should have been done years ago, it's just the right thing to have happen. "I doubt most taxpayers know that their money goes for this kind of thing to drag 18 years. I think we need to speed up the process. ... It's not a happy occasion for anyone, but it is justice and it's about my father and his life and honoring him." Hudson-Simmons was adamant that taxpayers should realize the cost associated with keeping someone on death row. "Not only is this important to my family, but also from a taxpayers point of view," she said. "We pay for these people to live on death row. This guy got a bachelor's degree in criminal justice for free while on death row." According to the Texas Department of Criminal Justice, the cost per day of keeping a prisoner on death row is $61.58. "Multiply that times 18 years. It really adds up," she said. "Now, all we have to do is change laws that require us to feed and house and educate these criminals for 18 years before justice is served." Hudson-Simmons said she plans to work and talk to representatives about pushing up executions. Since her family learned of the execution date, she said they have been reliving the whole ordeal. "4 trials in 18 years keeps it pretty fresh," she said. Smith was sentenced to death 3 times. The first 2 convictions were overturned by the Texas Criminal Court of Appeals because of alleged juror bias and errors in jury instructions. "We need to execute these criminals in a timely manner. This sends the message that we do not tolerate cop killers in Texas," she said. "One thing is for sure, he (Smith) won't kill again." As for Hudson-Simmons, she said she can finally have closure. "We (she and Bruce Wilson) always said we wanted to be the last thing he saw, and we were," she said. "He got a much better deal than my father did." What would her dad have said, were he there? Hudson-Simmons simply smiled and replied, "Good job." A scrapbook containing the past 18 years of newspaper clippings that Hudson-Simmons created as a memorial to her father still has a few missing pages in the back. Now, she can finish it. (source: Kerrville Daily Times) ARKANSAS----new death sentence Warren man convicted in April 2005 killing receives death penalty A Warren man convicted in the April 2005 killing of a man in a wheelchair has been sentenced to death. Bradley County Circuit Court Judge Bynum Gibson sentenced Gibson Derek Sales, 46, to death Thursday, following a jury's recommendations. A jury deliberated about 2 hours before returning with the death sentence, said Prosecutor Thomas Deen. The jury convicted Sales of stabbing and strangling Willie York, 56, after a 4-day trial. Sales also received a life sentence on an aggravated robbery charge due to the court's determination he was a habitual offender. Police said they found Sales in York's home the day after the April 16, 2005 killing. Sales was already serving 75 years in prison before a Christmas Eve 2005 escape from a Warren jail. He and another prisoner overpowered guards with pepper-spray and a sock loaded with bars of soap. Police captured Sales shortly after his escape. Deen said Sales had previously been in prison for other convictions including rape and kidnapping. (source: Associated Press) INDIANA: 2nd jury recommends killer get death penalty In Evansville, jurors deliberated for less than an hour Friday before recommending the death penalty for a Southern Indiana man who pleaded guilty to the rape and murder of a 15-year-old girl. It is the 2nd time Roy Lee Ward, 34, could be condemned for the July 2001 killing of Stacy Payne in her Dale home. A Spencer County judge sentenced Ward to death after a jury found him guilty of murder, rape and criminal deviate conduct in the slaying, but the verdict was overturned by the Indiana Court of Appeals because of pretrial publicity. The case was moved to Vanderburgh Superior Court, with a new jury coming from Clay County near Terre Haute. Defense attorneys argued that Ward should be spared the death penalty because he suffered from mental illness. The prosecution argued for execution, saying Payne was mutilated and tortured. (source: Indianapolis Star) FLORIDA: 1981 DEATH SENTENCE BACK IN COURT----Condemned killer protests method as cruel and unusual punishment Angel Diaz's spiritual adviser testified for the 1st time on Friday about the convicted killer's botched execution and how the death affected him. He recalled an emotional phone call to his wife on his drive home and the images of a man who appeared to be struggling to live. "I told her I had just watched a man be tortured to death," testified Dale Recinella, a volunteer Department of Corrections Catholic lay minister. Testimony from Recinella and others on Friday was part of a series of hearings being held in the Marion County case of a death row inmate, Ian Deco Lightbourne, 47. His lawyers contend the death penalty is cruel and unusual punishment and are using the Diaz execution to help prove their case. Diaz was executed by lethal injection on Dec. 13, 2006. His death took 34 minutes - twice as long as it usually takes. Authorities had to administer a second dose of the lethal drugs to kill him. Executions were halted in Florida pending an investigation of Diaz's death. They are set to resume as early as this month. Lightbourne was sentenced to death in 1981 for the murder of Marion County horse breeder Nancy O'Farrell. Recinella knew Diaz since 1998 and was asked to pray with him and console his family. But by the end of the execution, Recinella said he was in shock. He said it seemed to be a "painful" death. Recinella recalled Diaz's torso arching up and down, his face grimacing. He gasped for air and there appeared to be much tension in his head and neck area. "He looked at some points as he was trying to speak in a forcefully way ... to the staff and then he began to show signs of his body arching. His torso was arching and ... it seemed like it was an involuntary reaction," the minister testified as he demonstrated Diaz's body movements and facial expressions. It was the first time Recinella testified about the death. He had refused to testify to a commission studying the execution because of his job - Recinella said he doesn't talk about his ministry unless he's forced to by subpoena. His testimony was similar to that of news accounts of the execution. In an earlier ruling, journalists were not forced to testify about the case. Department of Corrections employees told a different version. They say the execution was apparently normal and not as sensationalized as media outlets and the minister have portrayed it to be. Another witness was Timothy Westveer, a Florida Department of Law Enforcement internal investigations inspector who witnessed the execution. All executions are witnessed by independent officers from FDLE to ensure the condemned's rights are protected. Westveer testified the execution took longer than normal and that Diaz's body moved more than those of other people whose lethal injection executions he has witnessed. At one point, while medical staffers were getting the 2nd dose of chemicals, one told him Diaz was having problems with the drugs because of a liver condition that was metabolizing the chemicals slowly. He also noticed red marks on Diaz's arms. "Yes, I did notice some redness on the inside of his left arm and right arm," he said, referring to a round red mark on one arm and red spiderlike vein patterns on the other. "It was pretty obvious it was there. It was an attention getter." Lightbourne has been scheduled for execution twice before and has been granted 2 stays. He does not currently have a death warrant. (source: Ocala Star-Banner) ILLINOIS: Ryan can't be questioned on pardons ---- COURT | Ruling shifts burden to inmate Former Gov. George Ryan will not have to answer questions in a civil deposition about why he pardoned four men from death row. In a ruling made public Friday, a federal judge said Ryan would not have to explain why he deemed death row inmate Aaron Patterson innocent when the former governor pardoned him and three others in 2003. The 4 men claim in separate federal lawsuits that Chicago Police, including former Cmdr. Jon Burge, tortured them into giving false confessions. U.S. District Judge Joan Gottschall also said the Illinois Prisoner Review Board doesn't have to release information on the recommendations it gave Ryan on the four cases. In 2003, Ryan pardoned the men while making the historic decision to commute all Illinois death sentences. He'll have to prove it Gottschall's decision brings a higher burden for Patterson if his civil case goes to trial. Gottschall said lawyers could not scrutinize Ryan's decision because, as governor, whether the men were innocent and deserved a pardon was legally his opinion. But in a courtroom, Ryan's decision to pardon isn't enough for Patterson to say he's innocent. He'll have to prove it, she said. Patterson -- and the other freed inmates -- wanted to block the defense from suggesting they were really guilty of crimes for which they were held in prison. "If Patterson wishes to establish his innocence, he is going to have to do it the old-fashioned way -- with evidence," she wrote. Gottschall's decision reversed a lower judge's ruling and mirrors a ruling made earlier this year by another judge regarding a 2nd man Ryan pardoned, LeRoy Orange. A lawyer for Ryan, Julie Bauer, said they are still awaiting decisions by 2 other judges. City is disappointed Lawyers for the City of Chicago, Burge and other detectives sought Ryan's deposition to explain whether he truly believed Patterson was innocent when he pardoned him. City Law Department spokeswoman Jennifer Hoyle said the city is disappointed it cannot question Ryan, but "we're pleased with the judge's decision that the plaintiffs can't rely on the pardon to show innocence." (source: Chicago Sun-Times)
[Deathpenalty] death penalty news----TEXAS, ARK., IND., FLA., ILL.
Rick Halperin Sat, 19 May 2007 18:36:48 -0500 (Central Daylight Time)
