[Deathpenalty] death penalty news----N.C., ALA.

[Rick Halperin]

Oct. 12



NORTH CAROLINA----federal death penalty case

Fed could seek death penalty in Carson case


Federal authorities are considering charges that could result in a federal
death sentence for a man accused of killing UNC student leader Eve Carson.

A committee in the U.S. Justice Department met Sept. 29 to review the
case, a spokesman confirmed. However, the spokesman, Erik Ablin, declined
to comment further. The committee's recommendation will go to U.S.
Attorney General Michael Mukasey.

Demario Atwater, 22, and Laurence Lovette, 17, are accused of shooting
Carson on a residential street after a robbery and kidnapping near the
campus March 5. Their trials are expected to take place next summer at the
earliest.

Orange County District Attorney Jim Woodall has said he will seek the
death penalty in state court for Atwater; Lovette is not subject to
capital punishment because of his age.

It was not immediately clear what federal charges could be involved, and
Ablin declined to explain why the U.S. attorney has jurisdiction in the
Carson case, saying, "The internal deliberations on a particular case are
confidential."

Nearly 50 federal crimes can trigger a federal capital case. Several could
apply in the Carson case: first-degree murder, shooting with a weapon of
mass destruction such as a sawed-off shotgun, or murder during a
kidnapping, carjacking or other crime of violence.

No Orange County jury has sent a man to death row since 1973. A federal
charge could increase the chances of a death sentence for Atwater if he is
convicted in a separate trial in federal court.

To seek the death penalty against a defendant in federal court, a local
U.S. attorney must submit the case to advance review by the Justice
Department. The Review Committee on Capital Cases, which met Monday in the
Carson case, considers the request and then makes a recommendation to the
attorney general.

(source: Chapel Hill News)

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Film on capital punishment to play at Expo Center


Capital punishment is a controversial issue in this country. People on
both sides of the issue have logical reasoning to back their stances, but
many can see the issue from both sides and are unsure if the death penalty
is right or wrong. A victims family may want justice, or they may choose
forgiveness.

The N.C. Coalition For A Moratorium (NCCM) hopes to show the death penalty
from different perspectives to stimulate conversations that will educate
the public on the issue and look at it in different ways. The NCCM is a
group of organizations, associations, and citizens across the state that
supports a 2-year suspension of executions while the N.C. General Assembly
enacts the necessary reforms to improve our criminal justice system. The
coalition's members include Democrats and Republicans, and supporters and
opponents of the death penalty.

A project of the NCCM is a showing of the film Love Lived on Death Row.
This Sunday, Oct. 12, at 5 p.m., the NCCM will be showing the documentary
at the Sampson County Agri-Exposition Center in Clinton. Following the 84
minute film, a 30 minute question and answer session will take place
featuring panelists of different perspectives on the death penalty.

The documentary, by N.C. filmmaker Linda Booker, "tells the story of the 4
Syriani siblings whose father was sentenced to die for the 1990 murder of
their mother and Meg Eggleston, who became their father's friend through
letters to him in prison," according to information provided by Jeremy J.
Collins, campaign coordinator for the NCCM. This true story "chronicles
the Syriani siblings' journey from hate and anger to love and forgiveness
for their father, Elias."

According to Collins, the NCCM supports this film because it shows
different perspectives of capital punishment and prompts discussion about
that topic. Collins stated, "This film is important because it highlights
the victim's voice and starts conversations about domestic violence and
the death penalty."

Tarrah Callahan-Ledford, Collins' colleague, said that the movie "reaches
a human theme in people revealing issues and problems in the process of
capital punishment (for the inmate, inmate's family and victim's family)
... it's a different story. The audience has very emotional conversations
after the screening  important conversations that touch on many different
perspectives."

The NCCM believes that the death penalty is not always appropriate and
that it is not always administered fairly, Collins commented. The goal of
this event  to start conversations about capital punishment  is important
to Collins and the NCCM because "most people don't deal with (the issue of
capital punishment)" and need "a better understanding of the clemency
process."

Clemency pardons or reduces a sentencing. In N.C., according to Collins,
only the governor can grant clemency. The process is subjective and absent
of law. Governor Easley has granted clemency twice. In both cases, neither
the prosecutors nor the victims families were seeking the death penalty.

"The themes in the movie are in contrast to what we would assume," Collins
noted, adding that surprisingly, research shows that even the domestic
violence community does not support the death penalty. Additionally, the
N.C. House has been unwilling to act on a measure to add aggravated
factors to the death penalty for domestic violence, Collins reported.

Critics have called this film powerful, gripping, moving and impressive as
it portrays themes such as healing, justice, love, forgiveness and
reconciliation.

Collins said that this film is pertinent for anyone interested in social
justice or reconciliation  particularly, victims rights, death penalty,
domestic violence and faith communities. He and Callahan-Ledford encourage
everyone to attend this free event. Collins commented, Whether your mind
is open or closed, come out to watch the film. It will be interesting and
fruitful. You will take something away from it. It's a powerful film."

(source: The Sampson Independent)






ALABAMA:

Attorneys take time in picking jurors in capital murder trial


Attorneys have spent the last 4 days interviewing 96 potential jurors for
a capital murder trail that is expected to start next week.

They hope to complete a jury today and begin opening statements and
testimony Tuesday, said Lyn Durham, the assistant district attorney. Shes
prosecuting the double-murder case against Zache Demond Horton, 28, who is
accused of killing roommates Ronnie Miller, 49, and Terry Tyrone Barnes,
34, at their apartment in March 2006. He could face the death penalty if
he is found guilty.

"It's a time-consuming process," defense attorney Jim Standridge said of
selecting a jury.

Talitha Powers Bailey is the director of the Capital Defense Law Clinic at
the University of Alabama School of Law. She said that finding a jury to
serve on a capital murder case is an extensive process because the jurors
don't just rule on the defendant's guilt or innocence, but they also make
a recommendation about sentencing if the defendant is found guilty.

"I've had cases that were straightforward factual disputes where I would
have been happy with the 1st 12 people who walked through the door. A
capital murder case is a different animal entirely," Bailey said. "The
qualities you might be looking for in a juror in the guilt/innocence phase
might be different than the sentencing phase  if it gets to that  and you
have to find out about that up front."

Potential jurors in Horton's trial answered questions about their position
on the death penalty before Judge Chuck Malone decided whether they should
remain in the jury pool.

Jurors who said they opposed the death penalty in all situations or would
not consider imposing a life sentence instead of the death penalty were
dismissed.

Some potential jurors were asked whether they had strong feelings about
homosexuality and people who are infected with HIV.

Many of the potential jurors interviewed in small groups and individually
on Thursday said that they were opposed to the death penalty on religious
or moral grounds, and would not vote for it under any circumstances.
Others said that they would be able to give fair consideration to the
death penalty and a sentence of life without parole.

Biases to consider other than those about the death penalty could also
have contributed to the long selection process, suggested by Standridge's
questions about homosexuality and HIV.

"When emotional issues are at play, there's a risk that someone will rule
based on their prejudices, not just on the facts that were presented,"
Bailey said. "I'm really pleased that the judge is giving the attorneys
time to do this. There are a lot who would try to rush this process."

(source: Tuscaloosa News)