[Deathpenalty] death penalty news----TEXAS

[Rick Halperin]

Oct. 6


TEXAS:

Killer's death sentence back in court


The Supreme Court agreed Friday to review for the second time the death
penalty case of a convicted Texas killer whose sentence justices
previously overturned.

LaRoyce Lathair Smith, condemned to death for the 1991 murder of a Taco
Bell manager in Dallas, won a Supreme Court ruling in 2004 setting aside
the death sentence because jurors in his trial did not consider his
learning disability and other evidence.

The ruling was one of four in the span of 2 years where justices overruled
lower courts in a death penalty case from Texas, which has executed more
people than any other state.

In March, however, the Texas Court of Criminal Appeals reimposed Smith's
death sentence after it concluded that any problems with the jury
instructions were harmless.

Smith's victim, 19-year-old Jennifer Soto, was pistol-whipped, shot and
stabbed with a butcher knife.

The legal battle has been over Smith's punishment, not his guilt.

The case hinges on a form of jury instructions no longer in use but which
imposed the death penalty if jurors decided a defendant was dangerous and
carried out a deliberate murder.

The Supreme Court, in an unsigned 7-2 ruling, agreed with Smith that he
deserved a new sentencing because the jury questions didn't consider
reasons that the jurors might have spared him. Those include that he had
an IQ of 78 and a father who was abusive, addicted to drugs and who stole
from the family.

"There is no question that a jury might well have considered (Smith's) IQ
scores and history of participation in special-education classes as a
reason to impose a sentence more lenient than death," the court said in
2004.

Justices Antonin Scalia and Clarence Thomas dissented from the ruling.
Chief Justice John Roberts and Justice Samuel Alito were not on the court
at that time, but 5 other justices who are still serving were part of the
majority in 2004.

Four former federal appeals court judges joined Smith in asking the high
court to take the case for the second time. The former judges  John
Gibbons, Timothy Lewis, Abner Mikva and William Norris  said the court
should make clear to lower courts that they "must comply with this court's
mandates and must not invent new procedural obstacles to avoid
compliance."

Texas urged justices to let the lower court ruling stand, saying it
complied with the 2004 decision.

The case is Smith v. Texas, 05-11304.

(source: Associated Press)

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

PSYCHIATRIST SAYS WILLIAMS SUFFERS MENTAL ILLNESS


A psychiatrist testified Thursday that convicted killer Clifton Lamar
Williams suffers from a mental illness.

Williams was convicted of capital murder Monday for beating, strangling
and stabbing to death 93-year-old Cecelia Schneider on July 9, 2005,
before setting her body and bed on fire and stealing her car and purse.

A Smith County jury began hearing evidence from defense attorneys Thursday
in Williams' punishment trial. The 23-year-old faces life in prison or the
death penalty.

Dr. Herbert A. Davis, a psychiatrist at the Andrews Center, a community
mental health facility in Tyler, testified that he examined Williams for
about 45 minutes in March 2004 and diagnosed him with paranoid
schizophrenia. Symptoms include hallucinations and disillusions and
paranoia - feelings that something will harm a person, he said.

Davis said he formed the diagnosis from talking to Williams, who told him
he had experienced hallucinations - heard voices - since he was 11 years
old. Williams told the doctor he did not believe he had a problem, but his
family wanted him to seek help.

Davis said he determined that Williams needed the highest level of
assistance so a team of 2 nurses, case workers and a therapist worked with
him and went to his home to see if he was taking his medication, Abilify,
which can reduce the psychotic symptoms, he said. Davis said he saw
Williams four more times with the team and the last time he saw Williams
was in May 2005.

He said there were times when Williams was cooperative with the team, but
other times he refused to let them in his apartment and sometimes the team
members said they smelled marijuana coming from inside. Davis said there
was an indication that Williams was not taking his medication as intended
but Williams appeared to be improving.

He said when he heard Williams was a suspect in the capital murder case he
was surprised. He said he saw no indications of aggressiveness or
antisocial personality disorder.

Davis reviewed hospital records and another doctor's diagnosis of Williams
with depression. He was not aware of other medical records that showed
Williams tested positive in 2003 for marijuana and barbiturates.

Davis said he did not know if Williams was on marijuana or crack cocaine
at the time of his examination and Williams denied using drugs. He said it
would be important but would probably not have changed his diagnosis if
Williams was on drugs at the time. He said paranoia would go along with
any drug use because it is illegal and the person is dealing with
untrustworthy people.

Davis said using crack cocaine, methamphetamine or other drugs while
having the disorder is "throwing gasoline on the fire." He said he has
seen people develop mental disorders from drug use and using drugs can
also complicate a genetic disorder.

He said Williams' treatment was publicly funded by taxpayers.

Smith County District Attorney Matt Bingham said that records show
Williams went to the Social Security Administration the same day as he was
diagnosed by Davis, in an attempt to receive disability pay.

Davis said his diagnosis could be used to aid him in getting disability.
He said it would cause suspicion if they went to the Social Security
officer after coming to the Andrews Center for a reported "emergency"
because his family claimed he threatened to kill himself.

He said schizophrenia doesn't prevent someone from functioning in society.
He said using street drugs could undermine the effectiveness of the
medication.

Davis said he did not test Williams but believed he had a low-to-normal
IQ.

CASE WORKERS

Judy Smith, a former case manager at the Andrews Center, said she was part
of a team who counseled Williams for about 8 months. She checked on him at
his apartment and taught him skills to live independently in the
community. She said that at first, he would not let anyone in his house
and he acted like he was afraid of people. She said she didn't remember
smelling any marijuana.

She said some days he appeared OK while other times he was depressed. He
seemed to improve and was taking classes to get his GED. Ms. Smith said
Williams was very respectful and she didn't believe he could have
committed the murder. She said she was not aware that he used crack. She
was also unaware that Williams had held jobs before and said his actions
showed her he was not able to work because of his illness.

"The Clifton Williams I knew was a nice, respectful young man who had a
mental illness and needed a lot of help," she said.

Beverly Jackson, who is also a former case worker for the Andrews Center,
helped train Williams in social skills and handling his financial affairs.
She said he was "childlike" when he interacted with her.

She said there were times she had suspicions of Williams using drugs but
never saw or smelled any. She said she was never fearful of Williams, who
was always respectful to her. After hearing about his capital murder
conviction, she said her professional opinion about Williams had not
changed and she would continue to provide him services if she could.

CHILDHOOD

Jason Swindell, Williams' older brother, testified about growing up in
Jacksonville with their mother. He said they rarely had contact with their
father and their mother began acting strangely when Swindell, now 28, was
about 9. He said she would make loud outbursts, talk when there was no one
around, had mood changes and would wake up the children in the middle of
the night and make them walk outside. Swindell said their mother would rub
red pepper, salt or olive oil on the children and sprinkle it in areas of
the house and outside. She would not allow the children to drink water
from the faucet, he said.

When their mother stopped cooking, Swindell said he took up the
responsibility, as well as the grocery shopping, at age 13. He said he
never brought friends to their house because he was embarrassed of her. He
said Williams did not have a good relationship with his mother but he
loved her. Swindell said she practiced ritual religion, "something like
voodoo."

Swindell said their mother became ill and died when he was 17 and the
children moved to Tyler with their father. Although he moved shortly
after, Swindell visited Williams at his father's house, then at Williams'
apartment. He said he didn't go there often, it was messy and too many
people were in his apartment. He said he has seen Williams use marijuana.

The trial will continue Friday in 114th District Judge Cynthia Stevens
Kent's court. Defense attorneys Melvin Thompson and LaJuanda Lacy are
representing Williams while Bingham and First Assistant DA April Sikes are
prosecuting the case.

(source: Tyler Morning Telegraph)

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

Families React to Overturned Death Sentence


David Renteria was convicted and sentenced to death in 2003 for kidnapping
and killing 5 year-old Alexandra Flores. The appeals court decision means
a new jury will be choosing between a life sentence and the death penalty
for Renteria. Alexandra's aunt, Perla Sanchez, tells NewsChannel 9 her
family never wished the death penalty on Renteria. She says they accepted
it because they knew it would keep him from hurting anyone again. Now
they're worried he could be paroled in 40 years. The Renteria family hopes
that everyone will hear Renteria's side and not judge him so quickly. They
say their hearts go out to Alexandra's family.

(source: KTSM News)

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

Criminal justice system a real mess in Atascosa


County Attorney R. Thomas Franklin and County Judge Diana Bautista are
undermining law enforcement efforts and the criminal justice system in
Atascosa County.

They should not be allowed to get away with it.

For a 5-month period ending in August, Franklin did not file a single
criminal case despite a growing number of arrests for drunken driving,
domestic violence and criminal mischief, an investigation by Express-News
reporter Jeorge Zarazua revealed.

Only after Zarazua began asking questions did Franklin get working on some
cases. That is no way for a prosecutor to run his office and he should
know that; he has held the office for 20 years.

Bautista, a former Pleasanton police officer and Atascosa County sheriff's
deputy, does not have a law degree but is allowed by statute to preside
over criminal court and to sentence defendants.

That is no excuse for her allowing Franklin to take over her court by
letting him set the dockets and rubber-stamping most of his motions.

In the past, Bautista has signed off on lenient sentences, dismissed a
large number of cases and allowed repeated resets of cases on Franklin's
recommendation, Zarazua reported.

Law enforcement officers who risk their lives on a daily basis deserve to
have their cases prosecuted.

Victims of crime need to know the county will seek justice for them, and
defendants need to know their rights are being protected.

There is no excuse for what is happening in Atascosa County. Franklin and
Bautista are making a mockery of the law.

Sadly, Bautista is unopposed in her bid for re-election in the November
general election.

The situation merits examination by the State Commission on Judicial
Conduct.

Unfortunately for Atascosa voters, Franklin still has two years left in
his term. He should be ashamed to cash his paychecks for his part-time job
with the county, which pays $60,833 a year.

He told Zarazua he will quit when his term ends in 2008. He should do the
taxpayers a favor and resign effective immediately.

(source: Editorial, San Antonio Express-News)

***********

Houstonian tied to 5 slayings----Police say the 'ruthless' suspect was in
a turf war over drugs with Katrina evacuees


A Houston man is connected to at least five recent killings  including the
slaying of a 15-year-old Hurricane Katrina evacuee  all stemming from a
battle over narcotics trafficking, police said.

Antonio Lee Williams, 26, was charged with capital murder and 2 other
murder counts. Houston police detectives also linked him to a double
slaying.

"We're talking about a very violent and very ruthless individual," said
Capt. Dale Brown, with HPD's homicide division.

Some witnesses were hesitant to come forward because they feared Williams'
reputation, police said.

"Everyone knew if you crossed him, you were going to end up dead," said
HPD homicide Sgt. Bobby Roberts.

The spate of killings occurred in a tightly compressed area in northwest
Houston, centered around several apartment complexes.

"We had a turf war among competing drug dealers  those from Houston and
those had been relocated here from Louisiana because of Katrina," Brown
said.

The fatal shootings began June 17, shortly after Williams, known on the
street as "Tony" or "T-Lee," was released from prison on a narcotics
charge.

Detectives said he gunned down Dion Barnes, 33, in the 7400 block of North
Shepherd.

A month later, Christopher Harris, 15, was walking with a cousin in the
5500 block of De Soto when Williams suddenly approached and began firing.
The former New Orleans resident collapsed and died in a store parking lot.

Police said Harris was involved in the drug trade and had fought earlier
that night with Williams and his friend, Terrell "T-Rock" Ball, 26.

Ball was found fatally shot Sept. 1 in an apartment complex parking lot in
the 5600 block of De Soto. His killer was Williams, police said.

"He thought Terrell was talking to the police and telling the police that
he had killed the 15-year-old kid," Roberts said.

A capital murder charge was filed against Williams for the Ball slaying
because it was a retaliation. The accusations, however, were false. Ball
had not cooperated with the detectives, police said.

Detectives said Williams fired about 30 rounds from a high-powered rifle
on Aug. 5 at Vincent Williams, 18, and Yolanda Styles, 22, in the 5600
block of De Soto.

The victims, both Katrina evacuees, died at the scene.

Williams is identified as the prime suspect in the deaths of Williams and
Styles but charges are still pending, police said.

At first, the string of killings appeared unconnected. In early September,
detectives began to compare cases and discovered their suspects all were
named Tony. "We realized it was the same person," Roberts said.

Police arrested Williams on Sept. 22, after a tip led them to a home of a
relative where he had been staying.

He remains in the Harris County Jail without bail.

(source: Houston Chronicle)

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

Suspect found guilty in girl's murder


Jurors in Steven Longs capital murder trial deliberated less than an hour
Friday before finding him guilty of the May 2005 death of 11-year-old
Kaitlyn Briana Smith.

With a guilty verdict, jurors now must decide whether to sentence Mr. Long
to life in prison or the death penalty. The punishment phase of the trial
begins Tuesday.

Mr. Long was linked to Kaitlyns strangulation death through a range of
physical evidence, as well as his own confession to police in which he
said his alter ego "Pretty Boy" had raped and strangled the child, then
discarded her body under a nearby mobile home.

Kaitlyn was last seen on a sleepover at a mobile home in the southeast
Dallas community of Rylie. Mr. Long was a guest in the same mobile home.

Throughout the trial, Mr. Longs attorneys utilized a defense designed to
spare his life. They never contested that Mr. Long was responsible for
sexually assaulting and murdering the child, but said that the two
offenses do not equate to the legal definition of capital murder because
Mr. Long did not intend to kill the child.

Prosecutors disagreed, saying that Mr. Long killed Kaitlyn to keep her
from telling anyone about the sexual assault.

"He knew he wasnt going to get away with it unless he murdered that
child," said prosecutor Andy Beach.

(source: Dallas Morning News)

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

Billed as America's Toughest Sheriff, controversial lawman slated to speak


A sheriff who has grabbed national attention will speak today in Lubbock
about his tough approach to crime.

Arizona's Maricopa County Sheriff Joe Arpaio is slated to be the guest
speaker for the Lubbock Fork and Knife Club this evening.

"He's very much in demand," said Bob Murphy, club president. "We thought
he would be quite interesting."

Murphy said the lawman doesn't accept many speaking engagements.

Arpaio has become famous for the changes he made in his county's prison
system during the past 13 years, including the "tent city jail."

He is known as "America's Toughest Sheriff" and has stirred up
controversy, with groups like the American Civil Liberties Union accusing
him of inhumane treatment of prisoners.

Jail birds can't smoke, read adult magazines or drink coffee, according to
the Maricopa Sheriff's Office. They also have to pay for their own meals.

Men and women chain gangs provide free work for the city and county.

The lawman introduced the noteworthy program "Hard Knocks High," which is
the only accredited high school in an American jail, according to the
sheriff's office.

Arpaio has been in law enforcement for 42 years. He has served as an
undercover agent for the U.S. Drug Enforcement Administration and on the
police forces in Washington, D.C., and Las Vegas. He also served in the
U.S. Army.

He will speak at 7 p.m. at the Lubbock Women's Club, 2020 Broadway. Dinner
will be served at 6 p.m. Dinner is $16 per person. For details, call
Murphy at 783-0219.

Upcoming speakers

Nov. 9 - Shannon Zetterlund

Jan. 11 - Maurice Beckham

Feb. 1 - W.C. Newberry

March 1 - Marni Voss

April 19 - Clyde Ray Webber, Jr.Source: Lubbock Knife and Fork Club

Lubbock Knife and Fork Club A social organization.

Meetings held at Lubbock Women's Club, 2020 Broadway.

Membership is $50 per person.

[source: Lubbock Knife and Fork Club To comment on this story: SHERIFF
ARPAIO of Maricopa County, Ariz., set to address Lubbock Fork and Knife
Club.]

(source: Lubbock Avalanche-Journal)

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

Justice served----Families of ex-nurse's victims lash out as sentence
imposed


Portrayed as an emotionless serial killer who murdered at least 10 of her
patients because they were high-maintenance, former North Texas nurse
Vickie Dawn Jackson was sentenced Thursday in San Angelo to life in
prison, the maximum possible penalty.

Jackson - who shocked the court by pleading no contest to capital murder
in 10 deaths Tuesday, the week before her trial was to begin - sat
stone-faced throughout the proceedings, speaking only when asked a direct
question by 97th state District Judge Roger Towery and a family member of
one of her victims.

''It's a relief - it really is,'' said Wanda Russell, whose mother, Oma
Wyler, was killed by an injection of Mivacron, a paralyzing drug that
stops patients' breathing while they are fully conscious. ''We can finally
leave this behind.''

Wyler was one of at least 14 people prosecutors accused Jackson of
injecting with the drug in late 2000 and early 2001 at Nocona General
Hospital, about 45 miles northwest of Fort Worth. The case was moved to
San Angelo after Towery ruled last year that Jackson could not receive a
fair trial in North Texas because of media coverage there.

In a two-hour hearing that condensed and summarized the 31 pieces of
evidence and 58 witnesses prosecutors had expected to call during the jury
trial, FBI special agent David Burns provided details of seven interviews
investigators had with Jackson as they investigated dozens of suspicious
deaths and the disappearance of the paralyzing drug at the 38-bed
hospital.

Prosecutors charged Jackson with murder in 10 deaths and used an 11th
death and 3 incidents in which the victims survived as additional evidence
in the case.

The hearing, conducted at the Tom Green County Courthouse, concluded with
5 statements read by family members of Jackson's victims.

Only once during the proceeding - excepting routine questions Towery asked
before delivering the sentence - did Jackson speak, when addressed
directly by Charles Williams, son of one of the victims.

''Do you remember my father, John Williams?'' he asked.

Jackson nodded and spoke softly: ''Yes, I do.''

''He thought highly of you, and you took advantage of that,'' Williams
said. ''We all thought highly of you.''

Doctors and nurses at the hospital became suspicious in early 2001, Burns
said, when patient deaths and emergencies ran triple the normal rate for
winter months. The rapid disappearance of bottles of Mivacron and the
nature of the patients' deaths prompted doctors to launch an internal
investigation while calling in law enforcement.

By comparing the timing of patients' deaths with shift schedules,
investigators focused quickly on Jackson, Burns said. Interviews with
nurses and other witnesses at the hospital cemented the belief that
Jackson was behind the surge in deaths.

Burns described the victims - both those who died and others who stopped
breathing but were resuscitated - as mostly elderly but in various stages
of health. Some were in the hospital for minor problems such as a foot
sore. Another suffered from dementia but was in good physical health.

One of the victims - her husband's grandfather, E.E. ''Preacher'' Jackson
- was not Jackson's patient, but when the pager for his room went off the
night of Feb. 4, 2001, she insisted on checking on him, Burns said.

When she returned, Jackson merely walked up to another nurse and
whispered, ''Preacher is blue.''

''That is not the appropriate response'' when a nurse believes a patient
is close to death, Burns said. The other nurse ''ran into his room, and he
certainly had passed on.''

In another case, during a code - sounded when a patient stops breathing or
his heart stops beating - for patient L.V. Hudson the night of Dec. 20,
2000, Jackson inexplicably left the room and returned a short time later,
saying Sanford Mitchell also was having trouble. Mitchell died, and Hudson
- who prosecutors said they believe also was injected by Jackson -
survived.

Several patients and eyewitnesses told investigators they saw Jackson
inject her victims immediately before they developed breathing problems,
Burns said.

Mivacurium chloride - the active ingredient in Mivacron - usually is used
in small doses to paralyze the gag reflex and allow insertion of a feeding
tube through the throat. In large doses, Burns said, it induces complete
paralysis, leaving the victim to suffocate to death while not losing
consciousness.

Asked by state Assistant Attorney General Lisa Tanner whether
investigators found a common thread among Jackson's victims, Burns said
all the patients were either high-maintenance medically - such as the
patient with dementia - or healthy enough to be close to discharge from
the hospital, meaning they made more requests of the nurses on duty.

''They were patients that needed a little more care than the average
patient,'' Burns said. ''It seemed to make her angry.''

Jackson surprised prosecutors and other participants by entering the no
contest plea, finding the arrangement provided by such a plea more
palatable than being found guilty by a jury or forcing family members to
testify, said her attorney, Wichita Falls-based Bruce Martin.

By pleading no contest, Jackson left the decision of guilt to Towery.
Martin raised no objections during the hearing and asked no questions of
Burns.

''She's able to approach this ordeal with no admission of guilt, no
finding of guilt by a jury and no harm to her family,'' Martin said,
adding as to whether a motive for the killings ever would be established:
''That question will never be answered by Vickie Dawn Jackson.''

Prosecutors said they were pleased with the outcome, 97th District
Attorney Jack McGaughey saying that life in prison was what he had been
seeking from a jury. Prosecutors under the previous district attorney
decided in early 2003 not to seek the death penalty, though it is unclear
why not.

The outcome prompted mixed reactions from victims' family members -
roughly 2 dozen of whom filled half of the Tom Green County courtroom.

Some said they wanted the judgment of a jury; others expressed relief at
the end of a five-year ordeal postponed by changes of venue, a mistrial
and the arrest of the case's chief prosecutor on unrelated charges.

For the family of Preacher Jackson, 91 when he died, his murder was
particularly hard to accept.

Vickie Jackson attended the funeral of the grandfather-in-law she killed,
said Cheryl Whatley, another of Preacher Jackson's grandchildren.

''She was at the funeral home, at the funeral,'' Whatley said after the
hearing. ''She sat in the row in front of us. Never shed a tear.''

During her victim statement, Tammie Jackson - a third Jackson grandchild
and a cousin-in-law to the defendant - lashed out.

''Preacher Jackson was my grandfather, just as he was yours,'' Tammie
Jackson said. ''You took a father, a grandfather and a great-grandfather
away from his family - one that accepted you into it. How you could do
that, I'll never know.''

Jackson will be eligible for parole in 40 years, when she's 81 years old,
although she is unlikely to be released on her 1st attempt.

Nevertheless, she will not serve long enough, said Robert Fitch, the
grandson of victim Dorothy Vanderburg, 79 when she died. After
Vanderburg's death, Fitch said, her husband ''wasted away'' until he, too,
died one year later.

Fitch's mother - the Vanderburgs' daughter - died soon after, torn by
worry and sadness at her parents' deaths, he said.

''You tortured her to death,'' Fitch told Jackson, referring to his
mother. ''For this, you will receive far less than you deserve.''

---------------

Jacksonx92s victims

Vickie Dawn Jackson pleaded no contest Tuesday to one count of capital
murder involving the deaths of 10 people at the Nocona hospital where she
worked in 2000 and 2001. State District Judge Roger Towery on Thursday
found her guilty and sentenced her to life in prison. The 10 victims,
arranged by date of death, were:

-Donnie Jennings, 100, Dec. 11, 2000.

-Sanford Mitchell, 62, Dec. 20, 2000.

-James Gore, 80, Dec. 29, 2000.

-J.T. Nichols, 80, Jan. 1, 2001.

-Jim Holder, 65, Jan. 7, 2001.

-Dorothy Vanderburg, 79, Jan. 7, 2001.

-John Williams, 78, Jan. 11, 2001.

-Oma Wyler, 95, Jan. 24, 2001.

-Orvel Moore, 82, Jan. 30, 2001.

-E.E. x93Preacherx94 Jackson, 91, Feb. 4, 2001.

(source: San Angelo Standard-Times)