May 25 TEXAS----impending female execution Key witness backs away from Henderson testimony----Death of 3-month-old not as clear-cut as once thought, Bayardo says As the doctor who autopsied 3-month-old Brandon Baugh, Robert Bayardo confidently told jurors in 1995 that the child was deliberately killed, not accidentally dropped on his head as baby sitter Cathy Lynn Henderson claimed. The testimony was instrumental to Henderson's conviction and death sentence. But on Thursday, with Henderson's execution less than three weeks away, Bayardo backed away from his emphatic testimony, telling a Texas appeals court that recent medical findings have cast doubt on his 12-year-old conclusions. "Had the new scientific information been available to me in 1995, I would not have been able to testify the way I did," Bayardo said in a signed affidavit provided to a Texas court as part of an appeal filed Thursday on Henderson's behalf. Henderson's appeal draws on recent research, disputed by prosecutors, that shows infants can sustain fatal head injuries far more easily than once believed. "Based on the physical evidence in the case, I cannot determine with a reasonable degree of medical certainty whether Brandon Baugh's injuries resulted from an intentional act or an accidental fall," wrote Bayardo, who retired last year after 28 years as the Travis County medical examiner. Bayardo also stated that he was not paid for providing the statement. Brandon died Jan. 21, 1994, while in Henderson's care. Henderson told investigators that she panicked after she dropped the infant while reaching for the phone in her Pflugerville-area home. She drove north to a Bell County field, buried him in a wine cooler box, then continued to her childhood home in Independence, Mo., where she was arrested 11 days later. For Brandon's parents, the last-minute appeals have added to the strain of losing a child. Henderson's execution, originally scheduled for April 18, was delayed until June 13 to give defense lawyers time to develop their arguments about the scientific data. "Honestly, I don't know what to say," Melissa Baugh said from their Carrollton home. "We're to the point now where we're ready to get it over with. It really shocked me that Dr. Bayardo would do that, but I'm hoping that nothing will come of it." Bayardo's change of heart would deprive prosecutors of their star witness if a new trial is ordered. That, however, would require Henderson to win multiple court victories in the coming weeks. First, Henderson's appeal will be reviewed by the Texas Court of Criminal Appeals to determine whether it can be considered at all. State law lets death-row inmates file only 1 petition for a writ of habeas corpus, and Henderson's first such appeal was denied in 2002. Inmates may file another petition if they can establish that the new information was unavailable when the first appeal was filed. The Court of Criminal Appeals, however, takes a hard line on subsequent petitions, denying most as a matter of course. But if the state's highest appeals court accepts Henderson's petition as valid, its nine judges will probably send the case to a state district court in Travis County for a hearing on the new evidence and a recommendation from the trial judge on whether Henderson deserves a new trial. Any such hearing would be a spirited affair, with attempts to establish and attack the scientific credibility of Henderson's new expert witnesses. At Henderson's trial, Bayardo testified that Brandon was thrown against a flat, unknown surface with enough force to shatter the base of his skull. The injuries could not have resulted from a fall of less than 4 feet, Bayardo testified, adding: "He would have to have fallen from higher than a 2-story building." Henderson's new testimony hinges on research by Dr. John Plunkett, a Minnesota forensic pathologist who studied fatal playground accidents to conclude that low-speed impacts could cause significant skull fractures in children. Before 2001, Plunkett said, forensic science believed "short-distance" falls could not cause extensive skull damage to children. "The new literature indicates that this belief was incorrect," Plunkett said in the appeal. The appeal also introduced a new theory about Brandon's injury, claiming that Henderson was using a calming technique by holding the crying child in her outstretched arm and spinning in a circle. Henderson dropped the boy when she tripped over a toy, the appeal states. An analysis by mechanical engineer Kenneth Monson who measured the force of impact based on the Henderson's height found that the fall described by Henderson "had the potential to produce serious injury. Whether or not it could have produced (Brandon's injuries) is not clear, but the possibility cannot be ruled out." Travis County prosecutors, who received Henderson's appeal Thursday, have not determined how to react, said Bryan Case, chief of the appellate division. But at a March hearing on granting Henderson time to file the new appeal, Assistant District Attorney Dayna Blazey criticized Plunkett's research as outlandish. "This is not any kind of newly discovered evidence," she said. "This is a newly discovered expert that they've discovered at the 11th hour." Henderson's appeal responded by citing two additional experts in pediatric forensic pathology to shore up Plunkett's credentials. The appeal did not state whether Plunkett's research had been tested and accepted in other courts. (source: Austin American-Statesman) ******************** Graves retrial delayed The retrial of a Brenham man convicted in the brutal murders of 6 Somerville residents more than a decade ago has been delayed. District Judge Reva Towslee-Corbett had told prosecutors and defense attorneys for Anthony Graves last month that a court-ordered retrial for Graves would tentatively be held in early July. But earlier this week, that date was pushed back during a pre-trial hearing in Caldwell. Graves has spent more than a decade on death row. He was convicted in 1994 of the 1992 murders of 6 people in a Somerville home. Graves retrial is being delayed because evidence used during the original trial in 1994 was only recently found in an old cell in the Burleson County jail. That evidence has been sent to Department of Public Safety scientists to be re-analyzed based on new techniques. The DPS crime lab agreed to test only five items, and officials there said they dont expect to have the results back until late June, said special prosecutor Patrick Batchelor. "They said they were swamped and didn't have time (to test more items)," Batchelor said. It's possible the retrial may be pushed back until much later in the year. "I think it pretty much was the consensus of everybody theres no way the trial would be able to start (in July) if new evidence was found," Batchelor said. Graves remains in the Burleson County jail under $600,000 bail. Graves and co-defendant Robert Carter were both convicted in the slayings of 45-year-old Bobbie Joyce Davis, a Brenham State School employee; her teenage daughter Nicole; and 4 grandchildren of Davis. Among those killed was Carter's young son. Carter initially implicated Graves in the murders, but later changed his testimony, including in his final statement as Carters execution was carried out in 2000. Graves conviction was overturned last year by a federal judge, who said then-District Attorney Charles Sebesta should have disclosed statements by Carter that he had acted alone. Sebesta has vehemently denied he withheld any information from Graves' defense attorneys that might have changed the outcome of the trial. Graves' attorneys have also asked for a change of venue, saying the media coverage will make it impossible for Graves to get a fair trial in the Brazos Valley or the Houston area. Prosecutors have disagreed, suggesting that they should at least attempt to select a jury locally before deciding if a change of venue is needed. Judge Reva Towslee-Corbett whose father presided over Graves' original trial said she would rule on the 2 issues in about a month, after studying relevant case law. As for the trial scheduling, she indicated she would be flexible, but she "would like to get this tried this year, if at all possible," according to reports. (source: Brenham Banner-Press) ******************************* Convicted Killer Given Life Sentence ---- Llamas Will Not Be Eligible For Parole In Killing Of Convenience Store Clerk A man convicted of killing a convenience store clerk was sentenced to life in prison without parole Thursday. Johnny Llamas' mother and sister said they were relieved that the prosecution didn't convince the jury to give their loved one the death penalty. Mary Lopez Rosas, Llamas' mother, expressed her sympathies to the victim's family. "I hope that God heals them," Rosas said. "I know that I've been through that, too and God should be with them, too." A security camera showed that Llamas and an accomplice took part in a shooting during a robbery that left Sundeep Singh dead on May 23, 2006. Shenaz Singh, the victim's widow, said she held no ill will toward the sentence. "It's not a disappointment at all," Singh said. "I feel that justice has been served. Llamas' alleged accomplice, Jacob San Miguel, is awaiting trial for capital murder. (source: San Antonio Express-News) PENNSYLVANIA: Audio interviews on new Mumia crime scene photos AUDIO & PRESS RELEASE: New Mumia Abu-Jamal crime scene photos unveiled for the first time in the United States, during the week of Abu-Jamal's May 17 oral arguments at the Third Circuit Court of Appeals. AUDIO FROM MICHAEL SCHIFFMANN'S MAY 18 PRESENTATION, WHERE HE IS JOINED BY LINN WASHINGTON, JR. : Note: refer to Abu-Jamal-News.com front page to view the crime scene photos that Schiffmann refers to in his presentation ----LISTEN TO THE COMPLETE 1HR., 28 MIN., FULL LENGTH VERSION: http://www.abu-jamal-news.com/audio/j4m/FullLength.mp3 ----LISTEN TO THE SEPARATE CHAPTERS: 1) Linn Washington, Jr. on the Philly media's racist bias against Abu-Jamal: http://www.abu-jamal-news.com/audio/j4m/lwashingintro.mp3 2) Michael Schiffmann presents (part 1): http://www.abu-jamal-news.com/audio/j4m/schiff1.mp3 3) Michael Schiffmann presents (part 2) and begins to talk about Pedro Polakoff's new crime scene photos: http://www.abu-jamal-news.com/audio/j4m/schiff2.mp3 4) Question: "Testing" Abu-Jamal's gun: http://www.abu-jamal-news.com/audio/j4m/TestingMumiasGun.mp3 5) Question: The Missing Witnesses: http://www.abu-jamal-news.com/audio/j4m/TheMissingWitnesses.mp3 6) Question: What Happened to Kenneth Freeman and Cynthia White? Linn Washington, Jr. details how the same person (eventually fired for making false death certificates) wrote the mysterious death certificates for both Freeman and White: http://www.abu-jamal-news.com/audio/j4m/WhatHappenedToFreemanAndWhite.mp3 7) Question: What Other Cases Show: http://www.abu-jamal-news.com/audio/j4m/WhatOtherCasesShow.mp3 8) Question: Where Was Robert Chobert and What Did He Tell Police? http://www.abu-jamal-news.com/audio/j4m/WhereWasChobert.mp3 9) Question: Getting the Facts Out to the Public: http://www.abu-jamal-news.com/audio/j4m/XGettingOutTheFacts.mp3 10) Question: The Media's "Response" to the New Crime Scene Photos: http://www.abu-jamal-news.com/audio/j4m/XMediaResponseToPhotos.mp3 11) Question: Linn Washington, Jr, Reflects on Watching the May 17 Oral Arguments: http://www.abu-jamal-news.com/audio/j4m/XReflectingOnMay17.mp3 12) Question: The 3 Judges Deciding on Abu-Jamal's Case: http://www.abu-jamal-news.com/audio/j4m/XThe3Judges.mp3 PRESS RELEASE: New Mumia Abu-Jamal crime scene photos unveiled for the first time in the United States, during the week of Abu-Jamals May 17 oral arguments at the Third Circuit Court of Appeals. View the photos at: Abu-Jamal-News.com Speaking in Philadelphia on Friday, May 18, German author, Dr. Michael Schiffmann presented findings from his new book (not yet published in the US) "Race Against Death. Mumia Abu-Jamal: a Black Revolutionary in White America," an expansion of Schiffmann's PhD dissertation at the University of Heidelberg, just released in Germany. Professor Michael Schiffmann traveled from Germany to Philadelphia to observe Abu-Jamal's May 17 oral arguments before the Third Circuit Court of Appeals. Along with original ballistics analysis, Schiffmann unveiled explosive new crime scene photos from the morning of December 9, 1981, taken by press photographer Pedro P. Polakoff, III. In 1982, Abu-Jamal was convicted of killing Philadelphia police officer Daniel Faulkner and sentenced to death in a trial that Amnesty International has declared a "violation of minimum international standards that govern fair trial procedures and the use of the death penalty." Below are quotes about the crime scene photos from Robert R. Bryan, Linn Washington, Jr., and Dave Lindorff. ROBERT R. BRYAN The newly discovered photographs reveal the fact that the police were actively manipulating evidence at the homicide scene. For example, their moving the police officer's hat from the roof of Billy Cook's vehicle to the sidewalk to make the scene more emotionally dramatic was fraudulent and criminal. It was as if they were setting up a scene, putting in props for a movie to be shot. That is incredible. Further, the incompetent manner in which the police at the scene dealt with the evidence is mind-boggling. You would expect better from cops in some little town in Alabama or Mississippi, than what we see in this case in Philadelphia. The most stunning example was the photograph in which one sees Police Officer James Forbes holding both pistols found at the scene in one hand, bare-handed! This is unthinkable. A nitwit could do better. Why were there no fingerprint tests? Why no ballistic examinations? It reminds me of a scene from "The Keystone Cops," the way the evidence was being handled and manipulated, except this was not funny. The fraud and incompetence of the police had very tragic consequences for my client. Today Mumia Abu-Jamal continues to sit on Pennsylvania's death row. Mumia was wrongfully convicted and sentenced to death. The police and prosecution trampled upon his constitutional rights. It is disgusting and shameful, as I pointed out on May 17 to the U.S. Court of Appeals for the Third Circuit. My goal is to win a new trial and walk Mumia Abu-Jamal out of that courtroom a free person. I want an acquittal, so that my client can go home to his wife and family. --Robert R. Bryan is the lead attorney for Mumia Abu-Jamal. LINN WASHINGTON, JR. This series of photographs damage the prosecution's case significantly because they graphically show police tampering with and manipulating the crime scene...which is totally improper. Of particular significance is the fact that these photographs provide graphic evidence contradicting the core of the case against Abu-Jamal. The account of Abu-Jamal firing at the fallen officer is shown to be false because there are no bullet holes and/or embedded bullets consistent with the physics of this account. Further, claims that the eyewitness cab driver, Robert Chobert, was parked behind the officer's car are also shown false because there is no cab in any of the photos. Given the ole "picture-is-worth-a-thousand-words" dynamic, it is not surprising that the prosecutor repeatedly rejected this photographer's offers of assistance because his photos expose the structural flaws in the case presented in court against Abu-Jamal. These photos provide additional evidence that the jury did not consider all of the available evidence due to misconduct by police and prosecutors. This misconduct fuels demands for a fair trial in this case. Sadly, this newly rediscovered photographic evidence has yet to stimulate interest in mainstream media...showing once again how this supposed information seeking institution shirks its ethical duties in the Abu-Jamal case to "seek truth and report it." --Linn Washington, Jr. is a veteran Philadelphia journalist who has been covering the Abu-Jamal case for over 25 years. He is a columnist for The Philadelphia Tribune newspaper and an Associate Professor of Journalism at Temple University. DAVE LINDORFF I've seen these photos. They are explosive. Of course, the key at this point is getting Mumia Abu-Jamal a new trial, so that all this incredible evidence can come out. Clearly, if there is a new trial, there would be a quite different verdict. If there is not a new trial, then of course, the new evidence will have to be used in an effort to reopen the case at the state level. --Dave Lindorff is the author of "Killing Time: An Investigation into the Death Penalty Case of Mumia Abu-Jamal" SUMMARY OF FACTS FROM DR. MICHAEL SCHIFFMANNS NEW GERMAN BOOK "RACE AGAINST DEATH." In May, 2006, Schiffmann discovered two photographs on the Internet that were taken by the only press photographer immediately present at the 1981 crime scene Pedro P. Polakoff, III. Polakoff arrived within 12 minutes of hearing about the shooting on the police radio and about 10 minutes before the Mobile Crime Unit (responsible for forensics and photographs) arrived. According to Polakoff, this unit had still not taken any photos when Polakoff left after 30-45 minutes at the scene. Upon contacting Polakoff, Schiffmann learned that three of his 31 original shots were published in Philadelphia newspapers at the time, and five others were lost. Schiffmann told me that he published five of the 26 remaining photos to show the following 3 points: 1) "The cops manipulated evidence and supplied the trial court with stuff that was simply stage-managed. On Polakoffs photos, P.O. Faulkners police hat at first is clearly on the roof of Billy Cooks VW, and only later on the sidewalk in front of 1234 Locust where it was photographed by the police photographer who arrived 10 minutes after Polakoff! 2) "In court Police Officer James Forbes claimed that he had 'secured' the weapons of both Faulkner and Abu-Jamal without touching them on their metal parts in order to not destroy potential fingerprints. However, in the single photo reprinted in the book you can see that Forbes is touching the weapons on their metal parts, and quite a few of Polakoffs other photos make it clear that Forbes touched and smudged these weapons all over, destroying any potential fingerprint evidence that may have been on them. 3) "The 2nd-most important prosecution witness, cab driver Robert Chobert, simply was not parked in the spot, allegedly right behind Officer Faulkner's police squad car, where he claimed to have been and from where he claimed to have observed Abu-Jamal fire the shot that killed the officer." Polakoffs observations don't stop there. Schiffmann writes in Race: "According to Polakoff, at that time all the officers present expressed the firm conviction that Abu-Jamal had been the passenger in Billy Cook's VW and had fired and killed Faulkner by a single shot fired from the passenger seat of the car." "Polakoff further reports that this opinion on the part of the police about what had happened was apparently based on the testimony of three witnesses who were still present at the crime scene, namely, by the parking lot attendant in charge of the parking lot on the Northern side of Locust Street, by a drug addicted woman apparently acquainted with the parking lot attendant, and another woman. As Polakoff later heard from colleagues in the media, the parking lot attendant had disappeared the day after, while the drug-addicted witness died a couple of days later from an overdose. Whatever it was that these witnesses saw or did not see, we will probably never know the interesting fact in any case is that neither of them ever appeared in any report presented by the police or the prosecution." Polakoff told Schiffmann that he was simply ignored when he repeatedly contacted the DA's office to give them his account--and his photos--of the crime scene. --This press release is from Abu-Jamal News. For more, contact co-founder Hans Bennett, whose email is: hbjournalist at gmail.com To read the complete summary of Schiffmann' findings: http://abu-jamal-news.com/temp/German%20Book%20Reveals%20New%20Evidence.html To read a summary of the four issues currently before the Third Circuit Court of Appeals: http://abu-jamal-news.com/temp/Mumia's%20Battle%20in%20the%20Courtroom%20-%20The%20Four%20Issues%20Made%20Simple.html (source: Infoshop News) DELAWARE: Former Del. Death Row Inmate Gets 20 Years A Sussex County woman initially sent to death row for the murders of her husband and ex-husband has been sentenced to 20 years in prison for her guilty plea to a single count of second-degree murder. 59-year-old Linda Lou Charbonneau received the maximum sentence from Judge Richard Stokes but was credited for more than 4 1/2 year she already has spent behind bars, meaning she will spend another 15 1/2 years in prison. Charbonneau was convicted and sentenced to death in 2004 for the 2001 murders of her husband, William Sproates and ex-husband, John Charbonneau. That conviction was overturned on appeal. The plea deal came this March after her daughter, Mellisa Rucinski, refused to testify at the retrial. Rucinski is serving 25 years for her role in the murders and received an additional 5 months for refusing to testify. Rucinski's husband Willie Brown was sentenced to life in prison without the possibility of parole. (source: Associated Press) NORTH CAROLINA: Does the Death Penalty Cost More Than a Life Sentence? Does the death penalty cost the state more than a life sentence? Thats a question state lawmakers want answered, and they're calling for a study before there's any movement to restart executions in North Carolina. There's already a de facto moratorium on executions in North Carolina. Lawmakers are pushing various death penalty bills, but the only ones getting traction deal with fairness and cost, not stopping or starting lethal injection. Rep. Paul Luebke, D-Durham, said that studies from other states make it clear that "life without parole is a cheaper alternative." Court battles over the role of a doctor state policy requires one to be present; the State Medical Board forbids participation indicate no one will die in North Carolina's execution chamber anytime soon. The majority of lawmakers appear to be in no hurry to change that. Death penalty bills that are moving seek to give a closer look to cases involving the poor and people of color, trying to ensure they're getting fair treatment at sentencing. District attorneys like Jim Woodall, who covers Orange County, say they're caught in the middle as they prosecute murder cases. It's politically safe for lawmakers to let the courts sort out the controversy. Ultimately, however, the final say falls on the General Assembly. "We need to know what the legislative will of the state is," Woodall said. Rep. Joe Kiser, R-Lincoln, said he can understand why district attorneys are ill at ease. "From one day to the next, we don't realize what's going to happen down here," Kiser said. Whatever happens, prosecutors want a decision on when and if executions will resume. "Politically, now's not the time there's going to be an up or down vote," Woodall said, "but I think we've got to get to that point sooner rather than later." Many lawmakers say they'd like to wait on the courts to clear up the controversy over lethal injection. Cases are now pending in state and federal courts. (source: WRAL News) INDIANA: Death penalty decision could take months----Circumstances of murder suspect's case still being reviewed Wayne County Prosecutor Michael Shipman has not decided whether to seek the death penalty against Leonard Wesley Dickey, the man accused of killing 16-year-old Tarra M. Pickett earlier this week. Shipman said Thursday he has not started the process of determining if the circumstances of the murder of the Cambridge City girl fit the criteria that would allow him to seek the death penalty. "Frankly, its never a decision I would make frivolously," Shipman said, "but would take weeks if not months to determine if thats appropriate or not." Indiana law allows the state to pursue the death penalty in murder cases if the defendant intentionally murdered the victim while committing or attempting to commit another crime such as arson, burglary, kidnapping, child molesting, criminal deviate conduct and several others. Shipman said he would examine and weigh the evidence, discuss it with other lawyers, prosecuting attorneys, and the Indiana Prosecuting Attorneys Councils capital litigation committee. "It would take weeks to make that determination and I may determine it does not qualify," he said. Stan Levco, prosecuting attorney in Vanderburgh County, is perhaps the state's most experienced death penalty lawyer. Levco, a member of the councils capital litigation committee, said the single-most important factor in pursuing the death penalty "is the crime itself, how aggravating the facts are." "I may be stating the obvious, but thats where I start," Levco said. "Obviously, it's a very serious decision so you want to feel comfortable with it and consider all the pros and cons of your decision." A decision is never made quickly, said Steve Johnson, the executive director of the Indiana Prosecuting Attorneys Council. Nor is the process of conviction appeal or execution rushed. Johnson said in Indiana the average is 15 to 20 years "before the person is actually executed." "There are appeals at both the state and federal level," Johnson said. "The time frame has been streamlined, but we're not Texas" where the average length of time between conviction and an execution is about 8 years. "It is a lengthy, time-consuming process," Johnson said. A meeting of the litigation committee may include prosecutors with pending death penalty cases or others considering death penalty cases, he said. "We discuss things like the issues that will arise and the kind of tactics they can be expected from the defense," he said. "One of the purposes of the committee is to have some degree of consistency throughout the state and to reserve (the death penalty) for the worst of the worst." (source: Palladium-Item)
[Deathpenalty] death penalty news----TEXAS, PENN., DEL., N.C., IND.
Rick Halperin Fri, 25 May 2007 16:59:20 -0500 (Central Daylight Time)
