Oct. 23


TEXAS:

DA cites experience as foe calls for change


Bexar County District Attorney Susan Reed is defending her post against
challenger Eddie Bravenec, a defense attorney and former prosecutor.

Reed, 56, a Republican, is going for her third term in office. She cites
her long experience as a prosecutor and district judge, as well as her
"tough-on-crime" stance and special prosecution units she has formed to go
after elder fraud and Internet solicitation of minors.

Bravenec, 33, called for change.

"I think I'll be able to bring honesty and integrity back to this office,"
said Bravenec, a Democrat.

He cited Reed's purchase of airline tickets that authorities say had been
obtained illegally and her refusal to recuse her office from the
investigation of a controversial death penalty case in which she had set
the execution date.

"There hasn't been justice in that courthouse in a long time," he said.

Reed said she was as surprised as anyone to find out that the Southwest
Airlines tickets being marketed by then-Bexar County Courthouse bailiff
James Jackson and his wife, Althea Jackson, an airline employee, were
illegal.

She also said she is capable of overseeing an impartial investigation into
the case in which Ruben Cantu, convicted of a robbery in which one victim
was killed and another wounded, was executed in 1993.

The Texas Court of Criminal Appeals declined to hear arguments on the case
in August, effectively leaving the investigation in Reed's hands.

Bravenec ran into different legal troubles recently when he was briefly
taken into custody, but not charged, after a confrontation with parking
enforcement officials in February. His pickup had been booted after it
collected 3 unpaid parking tickets.

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

Keller touts her record; Molina sells criminal law background


The state's highest criminal appeals court features 3 Republican judges
trying to keep their seats.

In the bid for presiding judge of the Texas Court of Criminal Appeals,
Justice Sharon Keller, 53, a Republican from Dallas, is the only one on
the 9-member court facing major party opposition. Democrat J.R. Molina,
61, a Fort Worth lawyer, is her challenger.

Keller said voters can attest to the record she has already established as
a reason she should get re-elected to a 3rd 6-year term.

"I have almost 12 years' experience on the court, and 6 years as presiding
judge," Keller said. "I also have experience in criminal justice matters
outside the court, such as the Task Force on Indigent Defense, of which
I'm the chairman."

Molina touted his 34 years of experience in criminal law, and 29 years
with board certification in that area of practice, as reasons why he
should be elected. He said he has tried more than 200 jury trials and
thousands of nonjury trials as a prosecutor and defense lawyer.

"I have prosecuted and defended multiple capital cases involving the death
penalty," Molina said. "I have filed appeal briefs for the state of Texas
and for defendants.

"The national experience reveals that innocent people have been
convicted," he said. "The public will have confidence in our justice
system only if there is an exhaustive, expansive and meticulous
prosecution, defense and appellate review of these cases."

2 other judges on the court are also trying to keep their seats -
Republican Barbara Parker Harvey takes on Libertarian Quanah Parker in
Place 7, and Libertarian Dave Howard tries to claim the post of Republican
Charles Holcomb in Place 8.

(source for both: San Antonio Express-News)

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

Justice, equality and innovation can lower crime rates


I realized at an early age that I wanted to become district attorney of
Dallas. This ambitious vision was solidified after many years observing
the careers of prominent political figures whom I greatly admired and
respected.

When current state Sen. Royce West ran for DA as a young Democrat, I was
only 15, but this historical event further emboldened my desire to one day
be DA.

I'm a Dallas native and the Democratic nominee for Dallas County district
attorney. I attended schools in the Dallas Independent School District and
graduated from Carter High School in 1986. I matriculated through Prairie
View A&M and received a bachelor's degree in political science before
earning a jurist doctorate degree from Texas Wesleyan University School of
Law in Fort Worth. I currently practice criminal law in my own firm in
sunny South Dallas.

In 2002, I cast myself into the grasp of the political landscape, thus
beginning a journey dreamed in the innocence of my youth many years ago.
My bid for DA in 2002 eluded me by a mere 2 percent; however, the near
victory sparked an even greater determination to continue on the journey -
soulfully chanting, "as your DA, I will make a difference in the
community."

Now, heading the call of the inner voice lighting the tumultuous road
ahead, I am determined to be DA so that my dream will no longer be a dream
deferred, so that people in Dallas County will be better off because of
the initiatives I will implement.

Dallas County has the dubious stigma of having one of the highest crime
rates in the nation. Several initiatives I've proposed are focused on
stemming criminal activity in our cities.

Justice and equality are the cornerstones of my approach to prosecution. I
have a sincere commitment to maintain fairness, ethical proceedings and
integrity within the district attorney's office.

The district attorney must be willing to engage in innovative strategies
when prosecuting crimes. My plan for the DA's office includes vigorous
prosecution and punishment of hardened and repeat offenders. However,
low-level offenders who may have mental illness or addiction issues
require a very different approach beyond the normal prosecutorial routine.
Some offenders can be helped, even deterred, from being caught up in the
revolving door of the justice system.

I want to initiate and expand programs that will help prevent offenders
from repeating and escalating their criminal activities, a cycle that
greatly harms our communities and citizens.

That is why my campaign focuses on initiatives that will address many of
the root causes that fester and become an incubator for crime to flourish.
The status quo within the DA's office exemplifies an ideology supportive
of solely being tough on crime - higher percentage of convictions and
maximum sentences.

Being tough on crime alone may be a contributing factor that has earned
our county the distinction of having one of the highest crime rates in the
nation as well as one of the highest high prison populations in the
country.

We need to be smarter in our approaches to crime by understanding, then
addressing the underlying factors that lead people to engage in criminal
activities.

My "Smart on Crime" plan includes a number of programs that will help
lower the crime rate and make Dallas County a better, safer place to live.
They include:

- Prosecutorial improvements

- Strategy to identify and punish repeat offenders

- Deferred prosecution program

- Smart approach to drug offenses

- Proactive re-entry initiatives

- Community initiative for juveniles

More details of the "Smart on Crime" plan are available at
www.smartondallascrime.com.

I am going to bring change to the DA's office and create a better place
for people to live, work and enjoy our wonderful county. I have received
endorsements from numerous elected officials at the national, state and
local level, including from U.S. Rep. Eddie Bernice Johnson, Texas state
Sen. Royce West and County Commissioner John Wiley Price.

You have the power to change the status quo. Vote for Craig Watkins and
get the positive change you deserve as a citizen of Dallas County.

(source : Dallas Morning News ---- Craig Watkins is the Democratic
candidate running for Dallas County district attorney. Readers may contact
him through www.smartondallascrime.com. )

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

Town lives without police after department fired


Residents of this Central Texas city are making do without local police
after the city council decided to fire the entire police department.

City officials said the department chief and 3 officers were fired over
the last 2 months for reasons including insubordination and poor
performance.

"I just hope the citizens of Troy know that we're doing what they elected
us to do," said Sammy Warren, mayor of the town of about 1,400 people. "We
are not going to let that department just run by itself. We're going to
have a police department to be proud of again."

Residents of Troy, which is located about 70 miles north of Austin on
Interstate 35, have relied on the Bell County Sheriff's Office since the
local officers were fired. But the 6 deputies per shift are also
responsible for the remainder of the county's 240,000 residents.

"I'm happy to say I really haven't noticed much of a change," said Neil
Jeter, assistant superintendent of the Troy Independent School District.
"So far, knock on wood, it's been pretty much business as usual. It does
raise a level of concern, though, that our first call is to the Bell
County Sheriff's Office. Fortunately, we haven't had to make any 911
calls."

Warren said he thinks the town is safer without the police department in
place.

According to a city news release, former police chief David Seward was
fired in late August for poor performance or misconduct in the areas of
department finances, record keeping, communication with superiors,
supervising officers and maintaining the department office.

Seward did not return phone calls for comment.

Warren said Seward is now under investigation by the Bell County sheriff
and the Texas Rangers. He said he's restricted from discussing specific
allegations because of the investigation.

The city's remaining 3 officers were fired in September.

The city accused former officer Jack Comeaux, 59, of insubordination,
disrespect and keeping an unauthorized work schedule.

Comeaux disputed the allegations and said the officers were fired without
a solid explanation or just cause. They are considering suing the city.

"I worry that the citizens don't have the level of protection that they
had," he said. "We know the people. We know the neighborhoods. We know
which kid belongs to which house. The deputies don't have that 1-on-1
personal knowledge like we do."

City officials said the city council is reviewing applicants and hopes to
have a new chief in place this month. The new chief will then hire 3 new
officers.

(source: Associated Press)






NEW HAMPSHIRE:

Death penalty untested ---- State has no execution chamber, procedures


After former state Rep. Renny Cushing's father was murdered, people told
him they hoped the man who did it would "fry so you can get some comfort."

Instead, Cushing pleaded for mercy for men like the grudge-bearing
neighbor who gunned down his father and fought to repeal the state's death
penalty.

Now he questions whether a jury would shrug off New Hampshire's
long-standing unease with the death penalty and sentence Michael "Stix"
Addison to death if he's convicted in the shooting death of Manchester
Police Officer Michael Briggs.

"There is a family out there grieving, 2 children without a father," said
Cushing, founder of Murder Victims' Families for Human Rights, which
represents victims across the country who oppose capital punishment. He
notes that 13 states don't have capital punishment.

New Hampshire appears to be a state divided over capital punishment. The
statute is narrow and has been applied only once in the last decade and
not carried out since 1939. The state has no one on death row and no death
chamber in which to administer the prescribed lethal injection or hanging,
if injection is not possible.

On Wednesday, the attorney general's office won legislative approval to
spend $420,000 pursuing a death penalty case against Addison. The cost
could rise well above $1 million.

"Because they haven't done a capital case in New Hampshire, people don't
understand the length of the process," he said. "Death cases are
different. Death penalty litigation is almost a separate speciality in
law."

6 years ago, the Legislature voted to repeal the death penalty. Then-Gov.
Jeanne Shaheen brushed off appeals from a former president and Nobel Peace
Prize winner - among others - and vetoed the repeal bill, leaving the law
on the books. Since then anti-death penalty advocates have repeatedly
tried to repeal the law.

Briggs, 35, who was married with two sons, was shot 15 minutes before his
overnight bicycle patrol shift ended Monday, when he responded to a report
of a shot fired in an inner city Manchester neighborhood. Hours after
Briggs' death Tuesday afternoon, Attorney General Kelly Ayotte announced
her intention to upgrade charges against Addison from attempted murder to
capital murder.

Addison, 26, was arrested Monday evening in Boston and remains jailed
there on $2 million bail.

New Hampshire's death penalty law includes a short list of crimes,
including murder of a law enforcement officer and murder during rape or
attempted rape. Additionally, the law requires 2 jury verdicts: one
finding guilt, and another imposing the penalty. The jury must unanimously
find 2 aggravating circumstances, including intent, for a death sentence.
The state Supreme Court automatically reviews death sentences.

The last person charged with capital murder in New Hampshire was Gordon
Perry, who avoided the possibility by pleading guilty to 1st-degree murder
in Epsom police Officer Jeremy Charron's death. Charron, who served with
Briggs on the Epsom force, was gunned down while checking a parked car in
August 1997.

Criminal defense lawyer Michael Ramsdell handled the Perry case when he
was chief of the state's homicide bureau.

"It's much more difficult than handling first- and second-degree murder
cases because there are so many more issues raised in death penalty
cases," Ramsdell said. "The amount of resources that need to be devoted
far exceed any resources for any other kind of case."

Ramsdell also handled a 1988 case involving three men who faced capital
murder charges in the stabbing death of a pregnant woman. In that case,
one teen was acquitted and other was sentenced to 46 years to life in
prison. The husband was never tried because the teens refused to testify
against him.

He said a capital case in New Hampshire could take 10 years to complete
since the state has not gone through a trial or the appeals process.

Ramsdell wouldn't speculate on Addison's case. "Anybody who tells you he
has a gut feeling about the case . . . I would be very, very skeptical,"
he said.

Democratic state Sen. Lou D'Allesandro, a death penalty advocate, believes
it is clearly warranted in Briggs's murder.

"I think the sentiment for this will be so strong given the circumstance
surrounding this murder," he said. "This was a deliberate act meant to
kill from everything I have gathered."

But Democratic state Rep. Jim Splaine, prime sponsor of recent repeal
bills, believes a jury would decide life without parole is a worse fate.

"It is not being easier on criminals. It is tougher," he said.

The issue will be on lawmakers' agenda again next year, though it isn't
likely to change anything.

Splaine said he has filed a new bill to repeal the death penalty, but both
Gov. John Lynch and Republican challenger Jim Coburn promise to veto any
such attempts.

Cushing's father was shotgunned in the doorway of his Hampton home in 1988
by the neighbor who also was a town police officer.

Would a New Hampshire jury sentence Addison to death given the state's
divisions over the death penalty?

"It's hard to say. That ends up being an individual decision a jury has to
weigh," Cushing said.

(source: Associated Press)






ILLINOIS:

Historic gallows to be sold on auction


For sale to the highest bidder: 1 gallows. Expanded 5-felon capacity.
Historically significant. Featured on stage and screen. Only 2 owners. May
need work (untested since 1927).

For nearly 30 years, the gallows first built in 1887 to hang anarchists
from Chicago's Haymarket Affair has belonged to Mike Donley. In recent
years it has been part of Donley's Wild West Town, a tourist theme park
and steakhouse in this McHenry County town.

But with Wild West Town increasingly catering to children, Donley, who
bought the grim device from Cook County in 1977 for a price he declines to
reveal, says it's time for the gallows to go.

After all, an ice cream parlor, a model steam train and a petting zoo make
odd neighbors for a bare wood and hemp killing machine on which 86 people
went to their deaths over a span of 40 years.

"It really doesn't fit into our theme of what we do here," said Donley,
54.

As a result, Donley is putting the gallows up for auction.

Bidding will start Nov. 20 through Burr Ridge-based Mastro Auctions, which
will put the device in its catalog and Web site. The auction will close
Dec. 6. The opening bid will be $5,000.

Some death penalty experts worry the sale could attract morbid collectors
of "murderabilia," items somehow related to serial killers and criminals.

But the auctioneers presume a museum or other institution will provide the
winning bid for the gallows. Historical items seem to garner more respect,
said Brian Marren, vice president of acquisitions at Mastro Auctions.

And the gallows has history to spare.

It was constructed for the hanging of some of the 8 men convicted of
complicity in the May 4, 1886 fatal bombing in Chicago's Haymarket Square
- even though none of them were responsible for throwing the bomb. In what
many historians have called a classic miscarriage of justice, Albert
Parsons, August Spies, Adolph Fischer and George Engel were hanged on the
gallows on Nov. 11, 1887.

A 5th man, Louis Lingg, had committed suicide in his cell the night before
by using a blasting cap for a cigar.

After the Haymarket hangings, the gallows remained in use for 40 years at
the old Cook County Jail, which was located in the back of what was then
the Criminal Court building on Chicago's Hubbard Street.

After the June 24, 1927, hanging of convicted murderer Elin Lyons, Cook
County shifted to electrocution as a supposedly more humane means of
execution. The gallows would have been destroyed then, had it not been for
the Dec. 19, 1921, escape of convicted cop-killer "Terrible Tommy"
O'Connor three days before he was scheduled to hang.

2 former Chicago newsmen, ace screenwriter Ben Hecht and former City News
Bureau of Chicago reporter Charles MacArthur, used a highly fictionalized
account of that escape in their 1928 stage play, "The Front Page." That
dark comedy has been one of the true perennials of American theater and
has spawned at least 4 movie versions, notably 1940's "His Girl Friday,"
starring Cary Grant and Rosalind Russell.

Hecht, incidentally, was more than passingly familiar with the gallows,
since he was instrumental in sending a man there. His investigation of two
killings for the old Chicago Daily News revealed that World War I hero
Carl Wanderer had solicited a drifter to kill his pregnant wife, and had
then killed the drifter himself. Wanderer was hanged March 19, 1921.

Even without the national notoriety provided by Hecht and MacArthur,
O'Connor's escape created a serious problem for Cook County authorities.
Since his sentence specified that O'Connor was to die on the rope, if he
was recaptured he could not be strapped into "Old Sparky" and
electrocuted. He had to be hanged.

Instead of being scrapped, the gallows was dismantled and relegated to a
jail basement, where it remained for 50 years.

Finally, in 1977, Cook County Circuit Court Judge Richard Fitzgerald ruled
that there was no longer any reasonable hope of O'Connor's recapture. He
ordered the gallows removed from the jail basement. That's when Donley
bought it.

And now that he's selling it in an open auction, there is no knowing who
may submit the winning bid.

With a growing collectors' market for such grisly items as old electric
chairs and mementoes of notorious murderers, the thought that the gallows
may go to such a private collection horrifies noted death penalty foe
Sister Helen Prejean, the author of "Dead Man Walking." But the Roman
Catholic nun told the Chicago Tribune she would not mind seeing the
gallows installed in a museum that shows concrete evidence of the death
penalty and how it was carried out.

Another capital punishment opponent, Richard Dieter, executive director of
the Death Penalty Information Center, agreed.

"An auction can go 1 of 2 ways," Dieter said. "I would hope it would be
bought by some archive or university or state - someone who would be
interested in preserving it as part of some larger historical
installation."

(source: Associated Press)

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

'Healing, not vengeance'


Former Gov. George Ryan's political legacy may have crashed in flames
after his corruption conviction, but he had one shining moment in Colleen
Cunningham's eyes: He stopped his state from killing people.

The Illinois moratorium on the death penalty is the thin end of a wedge
Cunningham would like to see pushing its way into every state in the
union.

"It's a step in the right direction," said Cunningham, 21, a philosophy
and political science major at Millikin University. "And I really think
abolition of the death penalty - in Illinois and across the country - is
something that could happen soon."

Cunningham found herself among friends Sunday afternoon when Millikin's
Pilling Chapel was the scene of an interfaith prayer vigil in support of
abolition of the death penalty.

The event was part of the National Weekend of Faith in Action on the Death
Penalty and was jointly organized by Millikin's Amnesty International
chapter, of which Cunningham is president, and a group called Macon County
Citizens Opposing Capital Punishment.

Catholic nun JoAn Schullian, OSF, is president of the citizens group and
shares Cunningham's optimism about winning the argument on the death
penalty. She maintains her confidence even in the face of high-profile
horror stories such as the alleged deliberate drowning by their mother of
children aged 6, 3 and 23 months in Clinton Lake. That trial is due to get
under way today in Decatur.

"More people are aware of the whole concept that we don't have a right to
take another person's life just because someone else allegedly killed
someone," Schullian said. "We keep learning that if vengeance is the
reason (for the death penalty), it is not going to bring healing."

Giving a prayer that beseeched God to care for criminals and their
victims, Schullian asked for the dealth penalty to be abolished and quoted
the words of Christ as he died on the cross. "Father, forgive them, for
they know not what they do."

Addressing the small congregation of about 20, the Rev. Robert Wiedrich, a
retired United Methodist minister, remembered the Amish community in
Pennsylvania that forgave and prayed for the killer who shot five girls to
death in their one-room schoolhouse. Wiedrich said God had told humankind
that vengeance belonged only to him.

"There is no closure, there is no satisfaction, there is no peace in
vengeance," added Wiedrich, 81. "We never seem to get even."

- More than 1,000 people have been executed in America since the death
penalty was reinstated by the U.S. Supreme Court in 1976. More than 3,000
people are on death row nationwide.

(source: Herald & Review)


MISSISSIIPPI:

Execution raises waiver issue----Wilcher waived rights then changed his
mind


The end came for Bobby Glen Wilcher after three federal courts in
different jurisdictions said they would take the death row inmate at his
word: that he wanted to be executed.

In a June federal court hearing in Jackson, Wilcher said he wanted to drop
all appeals and be executed. A month later, as time was running out,
Wilcher had changed his mind and the U.S. Supreme Court gave him a brief
reprieve.

By October, the Supreme Court said it would hear nothing more from
Wilcher. A state court set the execution date and after appeals failed,
43-year-old Wilcher died by lethal injection this past Wednesday.

For some legal scholars, Wilcher's case presented the courts with the
opportunity to clarify when a death row inmate can change his mind. They
say the courts, and the Supreme Court in particular, have hinted that the
issue is one to be considered.

Why not Wilcher?

"Death row cases take so long that I think courts are reluctant to stop
the ones where the green light has sort of been on, and the inmate says,
at some point, he wants to go ahead with the execution" said Richard
Dieter, executive director of the anti-capital punishment Death Penalty
Information Center in Washington.

"They are ones that the courts can say, 'It's not our choice; it's his
choice.' Once he says that, it can go forward without a lot of contentious
issues," Dieter said.

Wilcher was convicted and sentenced to death in 1982 for the murders of 2
Scott County women. Wilcher's case went through 2 trials, 2 resentencing
hearings and countless appeals.

Corrections Commissioner Chris Epps said Wilcher's mood on Wednesday was
much more somber than it had been in July, when Epps said Wilcher was more
talkative and animated.

"He's not as playful or joyful as he was... all of that is gone. He's very
serious. He feels he will be executed," Epps said during a briefing for
reporters at the penitentiary at Parchman.

Epps said Wilcher had cried when the execution was stopped in July.

Wilcher had no final statement.

"I have none," Wilcher said when asked if he had anything to say.

Matt Steffey, a law professor at the Mississippi College School of Law in
Jackson, said 4 justices on the U.S. Supreme Court could have granted the
application for review of Wilcher's case.

"All we know for sure is that there weren't four justices who wanted to
intervene in this case. That doesn't mean that there won't be four
justices who want to intervene in a future case," he said.

Dieter said there are cases around the country related to what questions
courts should review when defendants voluntarily waive their rights to
appeal.

"Given the amount of time people are on death row nowadays, this issue is
not going to go away. People do give up, lose hope, have mental
breakdowns... so we can expect more of these troublesome cases, and I
think we will see some rulings for greater clarity about what to do," he
said.

Wilcher's attorney had argued that Wilcher had mood swings because of
bipolar disorder and "made a rash decision at a low point in his life"
after more than two decades on death row.

Steffey said Wilcher failed to show the courts there was a problem with
the waiver of his rights to appeal.

"A person with mental health issues or poor legal representation might be
able to overcome the waiver, (but) in this case, he really couldn't,"
Steffey said.

Steffey said the U.S. Supreme Court is going to have to look at the
question of waiver in death penalty cases.

"I tend to think that they will be inclined to uphold the principle that a
defendant can waive his rights, including his rights to further review of
his case," he said. "To hold otherwise would suggest that a person can at
some point drop all further review of his case... and then on the eve of
execution decide to reinstate them.

"That could have a potentially disruptive effect on the whole process. The
U.S. Supreme Court has, in general, over the last 10 or 15 years been
inclined to whittle down the avenues a defendant has to put off
execution," Steffey said.

(source: Associated Press)


OHIO:

Prosecutor to stick with death penalty


Both the current and the future commonwealth attorneys in Kenton County,
Ky., say the transition in office that will occur in January should have
little impact on the prosecution of two death penalty cases.

Earlier this month, Commonwealth Attorney Bill Crockett filed notice in
two cases that he would seek the maximum punishment. The situation is
noteworthy because it's rare - only 3 times before in his 6-year term has
Crockett sought to have a defendant put to death.

None of those cases went to trial, and each defendant eventually pleaded
to a deal that proscribed a lesser penalty.

Crockett said the situation in the recent cases gave him little choice but
to seek the ultimate penalty.

In one, Dominic Raifsnider, 28, of Covington, is accused of fatally
stabbing a gas station attendant during a robbery. David Joseph, 43, died
after being stabbed numerous times Oct. 3.

In the 2nd, Broderick Brown, 18, of Covington, is charged with walking up
to Michael Kidd, 31, of Cincinnati, in the Peaselburg section of
Covington, demanding money, then fatally shooting him on Aug. 2.

"Both of these cases have particularly egregious and reprehensible
conduct," Crockett said. "In these types of senseless, random crimes, the
penalty is appropriate for deterrence purposes."

In both cases, he cited the fact that the killings took place during a
robbery, one of the aggravating factors needed to raise the potential
penalty to death. In Raifsnider's case, the death penalty notice also
cited his long criminal record, which includes a conviction for assault.

Rob Sanders, who defeated Crockett in the Republican primary in May and
faces no Democratic opposition in November, said he agreed with Crockett's
decisions.

"I'm comfortable with the fact that Mr. Crockett's office is seeking the
death penalty," Sanders said. "Based on my limited knowledge of the cases,
I think I would have made the same decision."

Crockett didn't consult with Sanders before making the decision, and both
said that was appropriate.

"The facts of each case are what drove the decision," Crockett said. "The
passing of the baton was not an issue."

It will help that Sanders plans to keep on the assistant commonwealth
attorneys who are prosecuting the cases. He said Christy Muncy, who is
prosecuting Brown, and Jim Redwine, who is prosecuting Raifsnider, will
remain in their jobs after Crockett leaves office.

Both Raifsnider and Brown were indicted earlier this month, and both have
had just one appearance since then - when each was arraigned and pleaded
not guilty.

Brown is charged with murder, robbery and possession of cocaine. He is due
back in court Nov. 14 for a pre-trial conference before Circuit Judge
Steve Jaeger. Raifsnider is charged with murder and robbery, and will
appear before Circuit Judge Patricia Summe on Nov. 20.

(source: The Cincinnati Post)

***********

Appeals Court Rejects En Banc Hearing In Death Penalty Case


A Cincinnati-based federal appeals court has denied the state's request
for a full-court hearing in death row prisoner Jeffrey Lundgren's attempt
to avoid execution.

However, the court referred the motion to a 3-judge panel that could still
rule later today.

The state has asked the court to vacate a Columbus judge's order delaying
tomorrow's scheduled execution and allowing Lundgren to join a lawsuit
challenging Ohio's use of lethal injection.

Lundgren was convicted of murdering a northeast Ohio family of 5 in 1989.

The lawsuit he seeks to join was filed by another death row prisoner. It
contends that the method used to administer a lethal injection is painful
enough to amount to cruel and unusual punishment.

(source: WCPO News)




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