April 11 NEVADA: Family sues over 2006 death of Nevada death row inmate The family of a death row inmate who died at Ely State Prison has sued the state's prison system, claiming it failed to provide medical treatment for him. In its lawsuit filed in U.S. District Court in Reno, the family contends the maximum-security prison refused to dispense insulin for 60-year-old Patrick Cavanaugh's diabetes before he died in April 2006. The Cavanaugh case was cited by the American Civil Liberties Union in a Reno federal court lawsuit filed last month accusing the state of denying adequate medical care to inmates at the Ely prison. Dr. Simone Russo said in a medical report attached to the family's lawsuit that staff physician Dr. Steven MacArthur denied Cavanaugh his insulin. "It seems obvious that this goes beyond malpractice to the level of criminal behavior," Russo said in his affidavit. "But I am not qualified to make that judgment." Nicole Moon, spokeswoman for the state attorney general's office, declined to comment on the suit. "At this point, we are still reviewing and evaluating it," she told the Reno Gazette-Journal. Cavanaugh, a former manager of the Coasters singing group, was convicted in 1985 of killing group member Nathaniel "Buster" Wilson in Las Vegas. At the time of his death, a prison spokesman said Cavanaugh had long-term health problems aggravated by smoking, and that no foul play was suspected. The suit also alleges that no plans were made to surgically remove Cavanaugh's gangrenous limbs, even though the procedure could have saved his life. "As a result, Ely State Prison medical staff literally left Mr. Cavanaugh to rot to death," the suit claimed. (source: Associated Press) GEORGIA: Cobb man on death row requests new trial Death row inmate Stacey Ian Humphreys is asking for a new trial. Humphreys was convicted last year in the November 2003 slayings of Cobb real estate agents Lori Brown and Cynthia Williams. On Thursday, Cobb Superior Court Judge Dorothy Robinson gave Humphreys' appointed attorney, Mitch Durham, until October to review the extensive files in the case. Humphreys' case was moved to Brunswick in southeast Georgia because of intense local media coverage. (source: Atlanta Journal-Constitution) USA---federal death penalty Federal death penalty hearing for convicted murderer to begin His guilt is beyond question, his crime beyond comprehension. The issue for the jury is whether Joseph Edward Duncan III deserves to die for kidnapping 2 young siblings in a bloodbath at their home and whisking them away to the remote wilderness of western Montana, where he tortured them, raped them, and killed the 9-year-old boy. Some 350 candidates are expected to show up at a convention center downtown on Monday, when attorneys will begin to winnow the pool down to the 12 jurors plus 3 alternates who will decide Duncan's fate. Duncan pleaded guilty in December to 10 federal charges, 3 of which could bring the death penalty: kidnapping resulting in death, sexual exploitation of a child resulting in death, and using a firearm in a crime of violence resulting in death. U.S. District Judge Edward Lodge has imposed extraordinary secrecy restrictions, including a gag order on all lawyers and court personnel, possibly hoping to avoid contaminating the jury pool as much as possible. Nearly half of the 375 documents filed in the case remain under seal. Even so, finding 15 people who know little about the case - or about how the community has rallied around Shasta Groene, the sole survivor of Duncan's brutal spree in 2005 - and can decide impartially is a tall order. "That's the problem in a small, sparsely populated state like Idaho," said Stephanos Bibas, a professor of law at the University of Pennsylvania Law School and a former federal prosecutor. "There's a huge fear of contaminating the jury because you just don't get many multiple murder-molestation cases there. So people have likely been hearing about this case endlessly." Duncan was a convicted pedophile originally from Tacoma, Wash., when he saw Shasta, then 8, and her brother Dylan outside their home in the resort town of Coeur d'Alene. He began stalking the family, and one night in mid-May 2005, he entered the house, bound and killed 3 members of family with a claw hammer: Brenda Groene, her son Slade Groene, and her fiance Mark McKenzie. Duncan drove away with Shasta and Dylan. For the next several weeks, Duncan sexually abused and tortured the children, in some cases videotaping the acts. He eventually shot Dylan with a sawed-off shotgun, leaving the boy's body at a campsite in the Lolo National Forest. Duncan brought Shasta back to Coeur d'Alene, where they stopped to eat at a Denny's restaurant around 2 a.m. on July 2, 2005. A waitress recognized Shasta and called police. Duncan was charged with the Coeur d'Alene murders in Idaho state court, and in 2006 pleaded guilty to 3 counts of 1st-degree murder and 3 counts of 1st-degree kidnapping. He agreed to cooperate with investigators in his pending federal case. He was sentenced to life in prison without parole for the kidnappings. But the sentence on the murder counts was deferred until the federal case is closed. If federal prosecutors fail to win a death sentence, Duncan will be returned to Kootenai County, where a jury will be impaneled for a death penalty hearing, Prosecutor Bill Douglas has said. Aside from the potential death-penalty charges, Duncan pleaded guilty federally to kidnapping, 2 counts of aggravated sexual abuse of a minor, being a felon in possession of a firearm, transportation of a stolen firearm, possession of an unregistered firearm and transportation of a stolen vehicle. While prosecutors try to prove that Duncan deserves execution, defense attorneys are expected to try to show that he was the product of a troubled childhood and should be sentenced to life in prison. "A jury will be tempted to see him as a monster, and the last thing the defense wants is for them to think of him as a monster," Bibas said. "They'll try to at least put in context what caused him to do this, pointing out if the defendant has a history himself of being abused, beaten or mentally impaired in some way." Shasta Groene appears to be holding up well, but the endless court case has caused a great deal of stress, said family friend Midge Smock. Shasta, now 11, normally spends every Tuesday night visiting Smock. "Last time I saw her she was really, really happy because they told her she wouldn't have to testify. I hope they can stick with their promise to keep her from testifying," Smock said. Duncan also has been charged in California with the 1997 slaying of 10-year-old Anthony Martinez in Indio, Calif. Prosecutors also intend to seek the death penalty there. Duncan has denied involvement in that crime, and Shasta's afraid she'll have to go to California to testify in that case, Smock said. In addition, Duncan is a suspect in the 1996 Seattle-area killings of 9-year-old Carmen Cubias and 11-year-old Sammiejo White. Regardless of the outcome of the federal case in Idaho, Smock wonders whether the trauma will ever end for Shasta or her father, Steve Groene. "I think Steve understands that it's not going to be over, but I don't know what she comprehends of that," Smock said. "When she's mad, she says, 'It's never going to be over.'" (source: Associated Press) OKLAHOMA: Coalition To Abolish Death Penalty to Host Annual Dinner The Oklahoma Coalition to Abolish the Death Penalty will hold its annual dinner at the Conner Center, Cathedral of Our Lady of Perpetual Help, 3214 N. Lake Avenue on April 12, 2008 at 6 p.m. The Coalition is committed to the abolition of the death penalty in Oklahoma. The keynote speaker will be Mike Farrell, who portrayed B.J. Hunnicutt in M*A*S*H. Festivities begin with a reception at 6 p.m. A fine art show will feature Oklahoma artist and a silent auction. For donations, contact Margaret at 842-3206 or email ocadp at ocadp.org. Tickets are $35.00 per person and $10.00 for students. All are invited. Please contact Jim or Tina McLemore at 239-2454 for reservations. Tables are $280 for a table of 8 and additional table may be purchased for $250 each. For additional information, contact Becky VanPool, Catholic Charities at 523-3009. (source: The Edmond Sun) COLORADO: Lawmakers Reject Death Penalty For Child Sex Abuse Colorado lawmakers have rejected a bill that would have allowed the execution of people who sexually assault children younger than age 13. The Senate Appropriations Committee voted 6-4 Friday against the Senate Bill 195, which would have cost about $616,000 next year for trials, appeals, public defenders and prison costs. Democratic Sen. Moe Keller of Wheat Ridge says social workers are worried that family members who rape children could intimidate their victims by saying the abuser would be killed if the victim tells. The sponsor, Republican Sen. Steve Ward of Littleton, says children are already under pressure not to report sex assaults. He says prosecutors can take into account whether a family wants to seek the death penalty. (source: Associated Press) NORTH CAROLINA: Play explores death penalty Instead of offering his play to Broadway, actor and playwright Tim Robbins offered "Dead Man Walking" to schools and universities throughout the nation. Adapted from Sister Helen Prejean's book of the same title, UNC's Department of Dramatic Art will present the play, which focuses on the death penalty and other major social issues in a five-day run at the Elizabeth Price Kenan Theatre. Each character in the play tells the story of a real person who was impacted by violent acts. Some have lost loved ones to death row, and others were the ones left behind after their loved ones were murdered. "'Dead Man Walking' is a great choice for the criminal or justice question in that it directly ties to the year's recommended reading book and other events on campus while also providing a challenge to the actors, designers and director," said Ryan Millager, the show's producer. Millager said the show has been an opportunity to get the drama department involved in a project that will hopefully reach "far beyond typical audiences." And the story went beyond the theater even before Robbins' stage play. "Dead Man Walking" went Hollywood in 1995. "Many of those involved with the show have never seen the movie and absolutely no attempt is being made to honor the styles or choices that were used in the film," Millager said. The University has been exploring the death penalty with various performances this year. The summer reading book for the fall 2007 freshman class was another book written by Prejean that addresses the issue. Senior Matthew Baldiga plays Matthew Poncelet, a man sentenced to death in the play. Baldiga said the show's director, drama professor Julie Fishell, has been the production's highlight. "She has a brilliance for directing actors and understanding story and character that is astounding," Baldiga said. Fishell said it's been her intent to fulfill the mission of Robbins' Dead Man Walking School Theatre Project to encourage community conversation on the death penalty. "A highlight in directing this play has been watching undergraduate actors courageously work on a play that is so deeply emotional and difficult while dealing with the horrible loss of our Student Body President Eve Carson," she said. "The ability for all of us to 'go on' amidst the existing circle of violent, senseless crime and senseless loss has made our participation in this project an unanticipated way to grieve and wrestle with the characters, issues and deep questions in the play." With 40 characters played by 21 actors, Fishell said this by itself has brought home how collectively the group is creating the experience. Baldiga said while "Dead Man Walking" is a theatrical work, it is capable of bringing light to very real and pertinent issues. "First, it is high quality theater. Theater gives us the opportunity to see ourselves, our society through a different lens, and this is important," he said. "Second, it is not very expensive. Third, our community needs a story like this one." ATTEND 'DEAD MAN WALKING' Time: Various times, today to April 15 Location: Elizabeth Price Kenan Theatre Info: www.drama.unc.edu (source: The Daily Tar Heel)
[Deathpenalty] death penalty news----NEV., GA., USA, OKLA., CONN., N.C.
Rick Halperin Fri, 11 Apr 2008 23:30:34 -0500 (Central Daylight Time)
