May 10 MONTANA: Governor was willing to make deal to commute Canadian's death sentence----Montana governor said he'd consider transfer for Smith before Tories changed clemency policy Convicted killer Ronald Smith speaks from death row at Montana State Prison, Deer Lodge, Montana Nov. 8, 2007, about the Canadian government's policy to not seek clemency for Canadian citizens facing the death penalty in foreign countries. Smith, originally from Red Deer, Alta., killed 2 men during a booze and drug fuelled road trip in 1982. He says he wants to come home and be free. Montana's governor told a top Canadian consular official last year that he was willing to consider commuting the death sentence of Alberta-born killer Ronald Smith -- the only Canadian on death row in the U.S. -- and transfer him to a Canadian prison if Canada would guarantee he'd be kept behind bars for at least five years. The revelation is contained in briefing notes prepared in November for Justice Minister Rob Nicholson and released yesterday after an Access to Information request by Canwest News Service. The Nicholson backgrounder is the strongest indication yet that Canada's efforts to win clemency for Mr. Smith were long-standing, resolute and progressing well until the Conservative government abruptly called off the push by its U.S.-based diplomats to fight for Mr. Smith's life. That decision -- that stated Canada would no longer be seeking clemency for Canadians facing execution in "democratic" countries -- sparked an uproar in the House of Commons, prompting accusations from the three opposition parties and human rights advocates that the Conservative government was signalling a new, sympathetic stance toward capital punishment. Just days earlier, Foreign Affairs officials had stated that Canada was actively seeking clemency for Mr. Smith "on humanitarian grounds" because Canada does not support the death penalty. After the government's sudden reversal, federal bureaucrats began scrambling for ways to explain Canada's new clemency policy and prepare Prime Minister Stephen Harper and key cabinet ministers for the ensuing controversy, the heavily censored documents show. By the end of November, Mr. Smith and 4 high-profile Canadian defence lawyers had launched a lawsuit in the Federal Court of Canada over the Conservative government's about-face, targeting Mr. Nicholson, Public Safety Minister Stockwell Day and Foreign Affairs Minister Maxime Bernier. In response, a briefing document was prepared for Mr. Nicholson to help him field opposition questions in the House of Commons and from media. Noting that the government had earlier been informed that Mr. Smith's execution date "could be set as early as the fall of 2008," the document states: "Consular officials have requested clemency for Mr. Smith on humanitarian grounds since 1997. In February 2007, the Governor of Montana indicated to our Consul General that they were willing to consider commuting Mr. Smith's sentence so he could be transferred back to Canada, but that they would want some type of guarantee that he would spend at least 5 years in prison in Canada should a transfer occur." The note refers to a meeting between Montana Governor Brian Schweitzer -- who ultimately has the power to grant clemency in the Smith case -- and Canadian diplomat Michael Fine, who was heading Canada's consulate in Denver at the time. The briefing note, which informs Mr. Nicholson that "the Government was served this morning" with a Federal Court lawsuit from Mr. Smith's lawyers, contains several blacked-out passages but does detail for the minister the origins of the clemency controversy and the political fallout. "In October 2007, in response to media inquiries from Canwest, the Government announced that it would not be seeking clemency for death penalty cases, such as Mr. Smith's, in democratic countries where there has been a fair trial," the document notes. "This change in position has led to increased media attention and questions in the House of Commons on the new position on clemency, its relationship to Minister Day's approach to the transfer of detainees and on the death penalty generally." Some of the information in the Nicholson briefing note appears to be at odds with testimony submitted to the Federal Court of Canada on Thursday as part of the government's response to the Smith lawsuit. In an affidavit filed by Kimberly Pittman, a junior diplomat who worked under Mr. Fine at Canada's consulate in Denver, she states that "all dialogue with the Governor's office" in reference to Mr. Smith's case "was on an informal and hypothetical basis." She also states that "because the Governor and Consul General Fine had discussed Mr. Smith's case, also on a hypothetical basis, our consulate wanted to test the waters to try to understand the Governor's position." But it is clear from Ms. Pittman's testimony, as well as from affidavits submitted to the Federal Court earlier this year by Mr. Smith and his Montana lawyer, Greg Jackson, that Canada -- prior to the Oct. 31 policy switch -- had been determined to secure clemency for Mr. Smith and that the lobbying of the Montana governor heated up considerably after the February meeting between Mr. Schweitzer and Mr. Fine. With help from Ms. Pittman, Mr. Smith's lawyers began on Feb. 21, 2007 to gather information necessary to formally initiate Mr. Smith's transfer and to convince Mr. Schweitzer's office that returning the convict to Canada would not result in his immediate release. In fact, in July 2007 Ms. Pittman wrote to Mr. Jackson and assured him that concerns among Montana officials that Mr. Smith would have to be released immediately upon his return to his home country were unfounded. "The impression they have is false," Ms. Pittman stated, relaying information about prison transfers she'd gathered from Correctional Service of Canada. "Twenty-five years is the eligibility date for offenders convicted in Canada for first-degree murder. It is only an eligibility date and very few offenders are released at this point." A few months later, Mr. Schweitzer told a reporter that Canada was pressing him to commute Mr. Smith's sentence and approve the transfer, but that he wasn't convinced the killer would remain locked up for long if he did so. Describing how the Albertan had "brutally executed" two Blackfeet Indian men -- Thomas Running Rabbit and Harvey Mad Man -- during a drunken road trip to Montana in 1982, Mr. Schweitzer suggested in the Oct. 26 interview that Mr. Smith would be "turned loose" in a short time "if we were to send him back to Canada." Within days, the Conservative government had pulled the plug on Canada's bid to secure clemency or a transfer for Mr. Smith. (source: The Ottawa Citizen) PENNSYLVANIA: Greene Co. jury sentences farmhand to death in girl's murder A farmhand was sentenced to death for the rape and murder of a 12-year-old girl whose body was found buried on a horse farm. The Greene County jury deliberated for about an hour Friday before deciding that Jeffrey Martin, 51, of New Geneva, should be put to death. Jurors on Thursday convicted Martin of first-degree murder and other crimes in the death of Gabrielle Bechen on June 13, 2006. A cousin speaking for Bechen's family said justice had been served, but the girl's father, Chris Bechen, said the sentence brought him no closure. Martin's daughter, who was present when the verdict was read, said she agreed with the sentence and called her father "a monster." "He was never a father to me," said Jennifer Martin, 24, of South Greensburg. Jeffrey Martin showed no emotion when the sentence was announced and said nothing as he was led from the courtroom. Bechen disappeared while riding her all-terrain vehicle at a Greensboro horse farm where Martin worked. Her body was found buried on the farm 5 days later. Martin denied killing Bechen, testifying that a man came to the farm with an ATV and a body in a pickup truck and offered him $100 to help bury the ATV. (source: Wilkes-Barre Times-Leader) ALABAMA: History: Woman was last to die in chair Lynda Lyon Block became the last person to die in "Yellow Mama," Alabama's infamous electric chair, 6 years ago this month. On May 10, 2002, Block was electrocuted for her role in the Oct. 4, 1993, killing of police Sergeant Roger Motley Jr. during a gunfight outside an Opelika Wal-Mart. Block was the 1st woman in Alabama to be executed since 1957. Following her execution, a bill was passed that would allow for execution by either lethal injection or electrocution. Yellow Mama, the electric chair that got its name because it was painted using the yellow paint then used to stripe state highways, is now stored in an attic above the reconstructed execution chamber at the Holman Correctional Facility in Atmore. -- Rick Harmon, using information from the Alabama Department of Archives and History (source: Montgomery Advertiser) UTAH: Called too broad----Critics blast death-penalty measures; Proposal would allow Legislature to set limits on post-conviction relief Opponents of proposed constitutional amendments designed to streamline death penalty appeals said Thursday that the measures are too broad and would upset the balance of powers among the 3 branches of government. The proposal could allow the Utah Legislature to eliminate the authority of judges to consider claims, after a certain time, that an inmate is innocent, Salt Lake City attorney Alan Sullivan told the Constitutional Revision Commission. "It's important for courts to correct their mistakes," he said. The proposal by the Utah Attorney General's Office to modify the state constitution would allow the Legislature to set limits on post-conviction relief petitions, a type of appeal. A 2/3 vote by state lawmakers is required to put the measure on the 2010 ballot. The Constitutional Revision Commission serves as an advisory body to the Legislature. The changes would apply to post-conviction appeals in all criminal cases, but are aimed particularly at death penalty cases. Lawyers from the appeals division of the Utah attorney general's office, which proposed the revisions, argue that they strike a balance between providing inmates with a "generous" opportunity to correct serious constitutional errors in their convictions and giving crime victims finality and closure. "We have the death penalty on the books, but no death penalty," Fred Voros said, adding that inmates delay executions for years with appeals. Thomas Brunker, an assistant attorney general, disputed that any legitimate claims of innocence would be blocked. He pointed out that there is a state law that allows convicted criminals to request DNA testing of old evidence that might exonerate them. The commission scheduled a July meeting for further discussion of the proposal. (source: Salt Lake Tribune) ****************** Feds may not seek death penalty for Doyel Federal prosecutors may not seek the death penalty against Michel Doyel. Doyel was indicted on kidnapping charges Wednesday. He was charged with kidnapping Debra Jones and is a suspect in her death. On Friday, Doyel was arraigned in court where he pleaded not guilty to the charges. But prosecutors also said they are unlikely to pursue the death penalty in the case. "Because there was a death involved we could have gone after the death penalty," said federal prosecutor Carlos Esqueda. "We feel a life sentence, if we get a conviction is warranted in this case." Doyels attorney agreed with that assessment. "Frankly, I don't think it's a case that warrants the death penalty," said defense attorney Todd Utzinger. "It's a relief for everybody involved in the case. I think to hear the death penalty is not likely to be sought, it adds such a different level of emotions and stress on everybody." Jones was found dead in the backseat of her own car at a motel in Missouri. Doyel was arrested, charged with kidnapping her and remains a suspect in her death. But Doyel could still face the death penalty in state court. Salt Lake's district attorney is still reviewing the murder case. Doyel has already been charged with a second kidnapping in state court. He's accused of taking Patricia Murray who is mentally challenged, without permission from her guardian. His attorney now says Doyel has been hospitalized in the past and his mental capacity will be an issue. "I think even if he did commit this crime, there's going to be an issue of his mental health capacity either as a sentencing issue or a potentially guilt or innocence," said Utzinger. "I don't know the specifics of that but I've been told he's been hospitalized in other states for mental health issues." A judge set Doyel's kidnapping charge in federal court for July. (source: ABC News) TENNESSEE: Death penalty too costly to continue To the Editor: Tennessee state officials have been told to expect to cut up to $380 million more in spending before the end of the fiscal year in June. That is on top of the $180 million decline Gov. Phil Bredesen projected in February. Tennessee has 3 choices: draw down available reserves where they exist, cut spending, or raise taxes. But there's a 4th way to cut million's from expenditures: abolish the death penalty. For years, experts have known that the death penalty's costs are exorbitant. Maryland found that the death penalty cost taxpayers at least $186 million more in prosecuting and defending capital murder cases over 2 decades than would have been spent without the threat of execution and has executed a total of 5 people. New Jersey spent $253 million on capital punishment with not a single execution being conducted since the death penalty was reinstated in 1982. Lawmakers voted in December to abolish capital punishment. Kansas found that the average death penalty case costs $1.26 million, or 70 % more than a comparable non-death penalty case and has yet to execute anyone. It is true that the millions of dollars states could save by abolishing the death penalty wont solve the impending budget crises. But such a step would free up dollars that could then be used to help crime victims recover and perhaps even address root causes of crime. And that's an investment worth making. Harry Simpson, Nashville 37211 (source: Letter to the Editor, The Tennessean)
[Deathpenalty] death penalty news-----MONT., PENN., ALA., UTAH, TENN.
Rick Halperin Sat, 10 May 2008 21:07:59 -0500 (Central Daylight Time)
