Oct. 25 TEXAS: Powell will seek death penalty in Baldwin case The Lubbock County criminal district attorney said there was "no way" he would not pursue the death penalty against Rosendo Rodriguez III. Matt Powell said he could not comment on charges that could result from the discovery of human remains, believed to be the body of Joanna Rogers, at the city-owned landfill Tuesday, citing a gag order in the case. But he would try 26-year-old Rodriguez on capital murder charges related to the 2005 beating death of Summer Baldwin, he said. "Let's resolve that case," Powell said. "That may resolve all the issues involved." Last week, prosecutors withdrew from an agreement where Rodriguez would confess to killing Rogers and 29-year-old Baldwin in exchange for a life sentence. Prosecutors instead filed notice that they would seek the death penalty at trial. Attorneys said during the court hearing that Rodriguez had confessed to the killings, fulfilling part of the agreement. However, Rodriguez did not enter into the agreement, claiming that he no longer understood the court proceedings. Prosecutors asked the court to set the case for trial as soon as possible. The case is still pending in 140th Distirict Court. Investigators arrested Rodriguez in September 2005 on suspicion of murder after a sanitation worker discovered Baldwin's body at the city-owned landfill about 15 miles north of Lubbock. Baldwin had been beaten, raped and placed into a suitcase. She was 5 weeks pregnant at the time of her death. Police tracked the barcode inside the suitcase to a Lubbock Wal-Mart where they found videotape of Rodriguez purchasing the bag and a pair of latex gloves about 3:30 a.m., according to court records. Witnesses had also identified the pair together the day before Baldwin's body was found, according to the records. Investigators later identified Rodriguez as a suspect in Joanna's disappearance after police found evidence on her computer that linked the 2. Joanna's parents later confirmed that Rodriguez confessed to killing their daughter and that her body was possibly in the landfill. Rodriguez has never been charged in connection with Joanna's death. He is being held at the Lubbock County Jail in lieu of a $1 million bond. Timeline in Joanna Rogers casen May 4, 2004 - Joanna Rogers disappears from her Lubbock County Home. . May 6, 2004 - Lubbock County Sheriff's Office issues the first area Amber Alert. . May 22, 2004 - About 500 volunteers search southern Lubbock County for Joanna. . June 9, 2004 -Rogers family plans a campaign, including public service announcements, to find their daughter. . May 4, 2005 - The United States Postal Service distributes thousands of missing persons fliers across the South Plains on the anniversary of Joanna's disappearance. . Sept. 13, 2005 - A sanitation worker discovers the body of 29-year-old Summer Baldwin at a city-owned landfill. . Sept. 15, 2005 - Authorities arrest Rosendo Rodriguez III in San Antonio on suspicion of murder. . Oct. 25, 2005 - A grand jury indicts Rodriguez on a charge of capital murder. . Dec. 21, 2005 - Investigators identify Rodriguez as a suspect in Joanna's disappearance. . June 7, 2006 - Joanna's parents confirm that during the investigation Rodriguez confessed on tape to killing their daughter and putting her into a Dumpster. . Aug. 10, 2006 - Sheriff's Office secures $100,000 in state funds to search the landfill. . Aug. 24, 2006 - Landfill search begins. . Oct. 18, 2006 - Rodriguez was expected to plead guilty to killing Baldwin but says he doesn't understand the proceedings. Prosecutors file notice to pursue the death penalty. . Oct. 24, 2006 - Investigators recover human remains, believed to be the body of Joanna Rogers, at the landfill. (source: Lubbock Avalanche-Journal) ALABAMA----impending execution Court scraps Alabama inmates request for stay of execution An attorney for death row inmate Larry Eugene Hutcherson filed a petition Tuesday afternoon with the U.S. Supreme Court in an attempt to block Hutcherson's execution, set for Thursday in the 1992 killing of an elderly Mobile woman. Earlier Tuesday, a federal appeals court denied a request to block Hutcherson's execution. The 11th U.S. Circuit of Appeals in Atlanta rejected pleadings by Hutcherson's attorney, Al Pennington of Mobile, that Alabama's death penalty law is flawed. The decision by a 3-judge panel of the Atlanta court agreed with Alabama prosecutors who said Hutcherson waited too late a week before his scheduled execution to raise issues already settled in his failed first round of appeal. Hutcherson, 37, who pleaded guilty at a 1996 retrial, faces lethal injection at Holman Prison at 6 p.m. Thursday for the June 26, 1992, slaying of 89-year-old Irma Thelma Gray of Mobile. She was nearly decapitated in the attack, prosecutors said. "I'm disappointed," Pennington said in a phone interview. He added that he wasn't really surprised by the decision but felt the judges missed an opportunity to rule on important points of the law. Assistant Attorney General James Houts said Tuesday that Attorney General Troy King "is relieved and pleased that the 11th Circuit has acknowledged what we said all along, that this was a last-minute lawsuit to delay the imposition of his lawful sentence." (source: Associated Press) NORTH DAKOTA: Eye for an eye: Punishment should fit crime I, for one, am an advocate of capital punishment. I dont approve of mindless vengeance or vigilantism, but I think in the case of confirmed, convicted murderers, capital punishment is appropriate. In short, executing a murderer is a punishment that fits the crime. But it seems that capital punishment is the only such case, as far as our legal system is concerned. People who rob banks get thrown in jail. So what? You get to lie in a comfortable bed and eat three square meals a day and practice knitting in your spare time. No. If you rob a bank, or steal jewelry or any other kind of valuables, the government should seize every asset you own except the clothes on your back. And, if you get caught robbing again, you should get your hands chopped off. If you steal a car, the state should impound your vehicle and make you buy it back. If you dont own a car (if, for instance, youre a minor), then the state ought to seize the next car you buy, or an appropriate sum of cash. Now, if youre a rapist or a child molester, youre really in for it. My mother is of the opinion that all male rapists and sex criminals ought to be castrated. I heartily approve of this form of punishment for these sickos. This is an advantageous penalty for all involved. With one stroke, you prevent the criminal from ever perpetrating the crime again, deter a lot of other criminals from perpetrating the same crime, and, on a related note, prevent the slime of humanity from reproducing. If you hijack a jetliner or do something else that necessitated the taking of hostages, then you ought to be tied to a target and have the local SWAT team shoot your arm hairs off one by one. For breaking and entering, the government ought to hire a team of specialists to go through your house/apartment/cabin/shack and generally bust the place up. Anyone who commits embezzlement, graft or any of those corporate money-related crimes, like the Enron debacle, should have their yachts, Swiss bank accounts, Lamborghinis and other assets donated to charity. That ought to teach them that greed is naughty, and its much nicer to be generous. Furthermore, these criminals should be required to live on the streets as homeless paupers for a year or two, just to give them an idea of life on the bottom rung. Some people might say this is a cruel and unusual punishment, but I say its a lesson in perspective. These penalties would have a far greater effect on criminality in this country if they were implemented, I think. What we have now is a system that doesnt deter nearly enough people to be effective, and punishments that dont leave enough lasting effects on those who endured them. Everyones afraid of prison and a lot of people will run from police to avoid going back, but theyll still commit crimes. Imagine how many people would take hostages and demand money if they knew they were going to be used for target practice by trained professionals? How many slimy corporate executives would steal money from shareholders if they knew theyd be forcibly bankrupted by the state? How many rapists would dare take a victim if they knew that theyd be castrated? I am willing to bet not many. (source: Andrew Post; North Dakota State University----Columnists' opinions do not necessarily reflect the views of The Spectrum) FLORIDA: This Week's Spotlight: O.H. 'Bill' Eaton Jr. Circuit Judge O.H. "Bill" Eaton Jr. of Sanford is one of the most respected judges in Florida. In 1996, he ordered a new trial for death-row inmate Joseph "Crazy Joe" Spaziano, who had been convicted of murdering an Orlando woman 2 decades earlier. That infuriated prosecutors but earned him an award from defense attorneys, who dubbed him one of the state's most courageous judges. In August, Eaton refused to back down from the 15-year sentence he gave Mary Hill, who crashed while speeding home from school, killing her daughter and another teen. For the past 15 years, Eaton has taught other judges how to handle death-penalty trials, his expertise. He spoke recently with Sentinel reporter Rene Stutzman. Your decision that Joe Spaziano was entitled to a new trial, was that difficult for you? No. Why not? Because I thought the evidence showed that he deserved it. Is it lonely being a judge? You have to make the decision . . . oftentimes right on the spur of the moment, without a lot of help, so it's lonely to a certain extent. But you get used to it. Is it more difficult deciding the sentence in a death-penalty case or who gets the kids in a family case? Family cases are very, very difficult to adjudicate fairly. The evidence is difficult to receive. It's oftentimes inaccurate and emotional. Little children are sometimes controlled by their parents, and so, as a result, you don't really get the truth. It's difficult to come to a truthful, satisfactory decision in those cases. On the other hand . . . the process of imposing a death sentence in Florida is very, very subjective. What is the hardest part of the job? Judges' jobs are divided into 2 parts: There's the adjudicatory function, where you actually try cases and make decisions and legal rulings. And then . . . the administrative functions, which deal with managing the mess. . . .Managing the caseload is a very, very challenging thing. Is it more fun being a lawyer or a judge? I would rather be a judge than a lawyer. I have done both, and I slogged through the trenches for 16 years as a trial lawyer, and I don't ever want to practice law again. Do you believe, as a judge, you have turned lives around? And if so, can you cite an example? The cases that I can recall feeling like I did something that was worthwhile were the drug cases, where I've gotten cards and letters from addicts who have gone through rehabilitation and have managed to stay clean . . . and I've gotten, I would say over the years, hundreds of those letters. How long does a judicial robe last? I've had one for 19 years that is still in pretty good shape, and I bought one many years ago that only lasted 5 years. . . . It just depends on the quality of the robe, although not necessarily the cost. How much do they cost? Oh, you can spend as much money as you want to on them. It's like men's clothes. If you want a $1,200 one or the $200 one. What is the funniest thing you've ever witnessed in your court? Right after the movie My Cousin Vinny came out. . . . These 2 guys [brothers] were down from the Bronx, and . . . they were charged with possession of cocaine. . . .I said, 'The docket doesn't reflect you're represented by a lawyer.' . . . He said: 'No, we've got our own lawyer. . . . His name is my cousin Vinny.' . . . I said, ' . . . You are remanded into custody.' . .I looked at the second brother, and I said, 'And what about you?' and he said, 'I'm going to hire a local lawyer.' (source: Orlando Sentinel) CALIFORNIA: California ruling restricts access to criminal backgrounds California prosecutors, in light of a recent state attorney general's opinion, may no longer release routine information about the arrest records or parole status of criminal defendants to avoid violating their privacy rights. The opinion from Attorney General Bill Lockyer fundamentally alters prosecutors' relationship with the public, said Thomas W. Newton, general counsel of the California Newspaper Publishers Association. "The public's interest to disclose outweighs the privacy interest of the accused. It may be time for the Legislature to take another look at what is a fair balance," Newton said. Los Angeles County District Attorney Steve Cooley said he, too, favors legislation to restore the public's right to know. "There's a real interest for the public to know criminal histories at certain times and in context," Cooley said. Newton cited cases in which someone is charged with a violent crime. "The public wants to know who is this person. Part of who that person is, is what that person has or has not done in the past," Newton said. "The public wants and needs to know just who they're dealing with." Lockyer's opinion, issued Sept. 20, said prosecutors may not produce records on previous offenses and parole or probation status. It also advised against releasing lists of cases in which a witness has testified and names of defendants charged with a specific kind of crime over a number of years. "It is quite a major change from what we have provided in the past," said Los Angeles Deputy District Attorney Lael Rubin. "The Los Angeles D.A. has had a history of favoring the public's right to know rather than keeping information secret." Newton said the opinion "will almost certainly be universally followed" by prosecutors throughout California. Attorney general's opinions do not have the force of law, as would a court ruling, but are considered authoritative and frequently are followed. The opinion joins a recent decision by the California Supreme Court that significantly narrowed the public's access to bedrock information about the criminal justice system by restricting disclosure of police disciplinary records. On the Net: Attorney General: http://ag.ca.gov/ (source: Associated Press) OHIO: Court snuffs killer's plea----Decades of substance abuse and psychiatric problems wont spare a convicted killer from the death penalty. The Ohio Supreme Court today upheld the death sentence for Donald J. Ketterer in the February 2003 killing of 85-year-old Lawrence Sanders of Hamilton. Judges rejected his argument that an extensive history of mental illness, alcoholism and drug abuse required reversal of the death sentence. Ketterer, 55, pleaded guilty to aggravated murder for beating Sanders, his friend, with a cast iron skillet and torturing him with scissors and other kitchen utensils. Authorities said Sanders was angry because Sanders refused to give him $200 to pay court fines. Ketterer then took money, coins, jewelry and other possessions from Sanders house and fled in the dead mans car. A 3-judge panel in Butler County sentenced Ketterer to death. (source: Cincinnati Enquirer) ****************** Decision could take transsexual neo nazi off death row A 6th District Court of Appeals decision could take convicted serial killer Frank Spisak off death row. The court has ruled the sentencing used at the time was flawed and has sent the case back to common pleas court. In 1983, Spisak was convicted of killing 3 people on the campus of Cleveland State University, including maintenence supervisor Tim Sheehan, a husband and a father of 4. "My first thought was how am I going to tell my mother and my three sisters," says Brendan Sheehan, now an assistant county prosecutor. "I was shocked. I was concerned, like what kind of decision is this and how, 23 years later, there's no closure to a case that you want people to move on from." Sheehan's boss, Cuyahoga County Prosecutor Bill Mason, is working to keep Spisak on death row. "He's been sitting in prison waiting for his execution date," Mason says, "and now the Sixth Circuit says, 'We're going to take another look at it.' It's a waste of taxpayer money." In his 23 years on death row, the transsexual who admired Adolph Hitler has filed appeals, tried to change the name on the case to Frances Anne Spisak, and tried to get the state to pay for his sex change operation, unsuccessful in all his efforts...until now. "From a victim's standpoint," Sheehan says, "it's appalling." 2 people have already been executed under the old sentencing guidelines. Prosecutor Mason has asked to meet with the court to get them to reverse their decision. He vows to take it to the U.S. Supreme Court to keep Spisak on death row. (source: WKYC News)
[Deathpenalty] death penalty news----TEXAS, ALA., N.DAK., FLA., CALIF., OHIO
Rick Halperin Wed, 25 Oct 2006 19:08:42 -0500 (Central Daylight Time)
