Nov. 29 CALIFORNIA: San Quentin's execution team is called incompetent----A brief filed on behalf of killer Michael Morales finds broad problems with death penalty cases. California's procedures for executing prisoners by lethal injection fall short of standards set by the veterinary profession for animal euthanasia and were formulated with less care than methods in China, the world leader in capital punishment, according to a brief filed Tuesday in San Jose federal court by attorneys for a death row inmate. In addition, the brief asserts that the execution team at San Quentin State Prison is "unlicensed, untrained, unprofessional and incompetent" to carry out its duties. The brief was lodged as U.S. District Judge Jeremy Fogel prepares to rule on perhaps the most fiercely fought of a number of legal challenges in several states to lethal injection, the dominant method of execution in the nation. Fogel is expected to rule by the end of the year in the case of Michael Morales, who argues that California's injection methods create an unnecessary risk of excessive pain and as a consequence violate the 8th Amendment prohibition against cruel and unusual punishment. The California Department of Corrections and Rehabilitation "conducts its executions in an outdated, cramped gas chamber with an undersized and dark anteroom," from which prison staff are supposed to assure proper administration of a 3-drug protocol, the brief says. The brief also says the state uses chemicals "mixed by untrained and unsupervised prison staff, while ensuring that there is no meaningful oversight or review." Earlier this month, the California attorney general's office issued a ringing defense of the state's procedures, maintaining in its brief that "there is no evidence that any prior execution resulted in the unnecessary and wanton infliction of pain." But the 274-page brief filed by Morales' attorneys finds fault with virtually every aspect of California's administration of capital punishment, frequently citing statements by state personnel during the proceedings. For example, the execution team leader, identified only as Witness No. 5, said that for the last eight executions, he did not require team members to practice mixing sodium thiopental, which is supposed to anesthetize the inmate before the 2 other drugs pancuronium bromide, which paralyzes the inmate, and potassium chloride, which causes cardiac arrest are administered. One of the key arguments in the Morales case, and in several other lethal injection challenges around the country, is that the anesthetic has not been properly administered, with the result that the inmate experiences excruciating pain but cannot express it because he is paralyzed. Witness No. 4, a licensed vocational nurse, said in a deposition that she was not trained to mix thiopental. The first time she prepared it was the night of an execution, she said. The Department of Corrections "has failed to comprehend both the importance of properly preparing [the drug] and the difficulty of doing so," according to the brief filed by defense lawyers David A. Senior, Kathleen T. Saenz and Benjamin D. Weston of Century City. Attorneys Ginger Anders of Washington, John Grele of San Francisco and Richard Steinken of Chicago helped prepare the brief. In response to a question from the judge, the defense brief indicated that it might be less risky to use a single drug. Still, Morales' lawyers cautioned that there would still be risks. Significant problems with the execution chamber and drug delivery apparatus, including cramped quarters, poor lighting and bad sight lines, still exist. Fogel asked the lawyers how the procedure could be improved. But Morales' lawyers said that they were ethically constrained in their answers, saying they could not "be put in the position of designing for the state its execution procedure." In response to another question from Fogel, defense lawyers said many of the dangers in monitoring the inmate, inserting the IVs and injecting the drugs "flow from the fact" that the state continues to execute prisoners in San Quentin's old gas chamber, instead of in a facility designed for lethal injection. "It is common sense that a facility should be designed to accommodate the specific elements of the procedure that will be performed in that facility. The veterinary profession has recognized this and advocates using dedicated rooms for euthanasia," the defense brief stated. Defense lawyers noted that a witness for the state, Dr. Robert Singler, observed that "the cramped quarters and positioning of the gurney rendered placing the IVs more difficult than in a clinical setting." Execution staffers have repeatedly experienced difficulty inserting IVs to deliver the lethal drugs, the brief pointed out. It noted that several other states have built a facilities for lethal injections. Defense lawyers said there may be a better execution anesthetic than thiopental. But as long as the protocol includes pancuronium bromide and potassium chloride, "it is imperative" that the state provide for a clinical bedside evaluation of anesthetic levels by a trained professional, the brief said. The defense said it "should not be that difficult" for the state to retain such a doctor, although a brief filed by the California attorney general's office earlier this month asserted that such a requirement would effectively shut down capital punishment in California because leading physicians' organizations have urged their members not to participate in executions. Morales' lawyers criticized state officials for failing to adequately research either their original lethal injection protocol or a modified procedure adopted in the face of his legal challenge. In contrast, they said, Chinese government officials conducted detailed experiments on animals before executing humans by lethal injection/ Morales' lawyers argued that the state needed to bring its execution procedures into the open. "For the past 14 years," they said, the Corrections Department has undertaken the recruiting, screening and training of execution team members "in total secrecy. That secrecy has permitted the execution system at San Quentin to operate in an unbelievably dysfunctional manner." (source: Los Angeles Times) ********************** Death penalty possible in police killing ---- Vallejo man accused of shooting ex-girlfriend The Vallejo man accused of killing a Richmond police officer he once dated was charged Tuesday with murder and the special circumstance of lying in wait, making him eligible for the death penalty if convicted. Quartus Hinton, 28, did not enter a plea at his arraignment in Solano County Superior Court. He is scheduled to appear again today with a public defender and is expected to enter a plea then. Hinton is accused of killing 28-year-old Kaliah Harper, a narcotics officer and four-year veteran of the Richmond Police Department, who was shot to death Friday outside a funeral reception in Fairfield. Although the charge and the special circumstance allegation would make Hinton eligible for lethal injection if convicted, prosecutors have not said whether they will pursue the death penalty. The short court hearing was delayed about a half hour by a bomb threat at the court building, and several of Harper's friends and co-workers did not make it inside. When the building reopened, Hinton appeared in front of Judge Barbara James wearing a bulletproof vest. He answered James' procedural questions softly. Police believe Hinton, angered that Harper had broken up with him, shot her in the upper body and head from point-blank range and then fled. Harper, of Suisun City, was off duty at the time and unarmed. Hinton declined to be interviewed Monday in the Solano County Jail, where he is being held without bail. Harper was killed as she and Hinton were outside a funeral reception at the Fairfield Community Center for 2 young boys killed Nov. 17 in a head-on collision near Fairfield, police said. Hinton was related to the boys and Harper was a friend of the family, Fairfield police said. Hinton was arrested late Saturday in a public bathroom near the Vallejo Marina. A memorial service for Harper is scheduled for 10 a.m. Friday at the Richmond Memorial Auditorium, located at 403 Civic Center Plaza. (source: San Francisco Chronicle) *************** Parking lot killer going to death row----2 workers died in botched robbery An Orange County man was sentenced to death yesterday for the murders of 2 South Bay residents gunned down during a botched robbery at a parking lot near Lindbergh Field 7 years ago. In sending Jeffrey Scott Young, 32, to death row, San Diego Superior Court Judge John Thompson described Young's crimes as the acts of "a sadistic, mindless predator." Booth operator Teresa Perez, 31, of San Ysidro, and manager Jack Reynolds, 44, of National City, were shot July 18, 1999, at the Five Star Park Shuttle & Fly lot. Their bodies were found on the floor of a business trailer on the property on Pacific Highway near Sassafras Street. Each had been shot twice in the head. Deputy District Attorney Elizabeth McClutchey argued during the trial that Young shot Perez at close range to eliminate a witness who could identify him as 1 of 3 armed robbers who targeted the business. McClutchey described the killing as a "cold-blooded execution." The prosecutor said in court yesterday that the families of both victims supported a jury's recommendation that Young be executed, even though one of the families struggled over the issue of capital punishment because of strong religious beliefs. Perez's mother, Maria Carmen Perez, told the judge she never really wanted Young to receive the death penalty because of the pain it would cause his mother. Perez said she changed her mind, however, when she thought of her daughter. Death sentence 2 parking lot workers were gunned down July 18, 1999, during a robbery near Lindbergh Field. Teresa Perez, 31, and Jack Reynolds, 44, were found on the floor of a trailer. Jeffrey Scott Young, 32, was sentenced to death yesterday. "I hope that this will be the end of this, Perez said in Spanish, with the aid of a translator. Reynolds' mother, Carol Reynolds, said the pain Young caused has rippled through 4 generations of her family. "He has destroyed a good many people," she said. "We are able to function, but nothing like before Jack left us." The prosecutor argued during the trial that Young shot Perez and one of the other robbers shot Reynolds. Young was found liable for both murders because he was taking part in the robbery during which the victims were killed. He was eligible for the death penalty because the jury found he had committed multiple murders and murders during a robbery. After Young's conviction, his defense attorneys tried to persuade jurors to spare his life by presenting evidence of a troubled childhood and a history of drug abuse. They said Young has turned his life around since 1999. The 2st jury to hear Young's case convicted him of the murders but deadlocked 11-1 on whether to execute him, with the majority in favor. The penalty phase of the trial was reheard and a 2nd jury voted in July for his execution. Young seemed resigned to the death penalty. "This is what they want," he said in a low voice, referring to the victims' families. "I guess this is what should be happening." 3 other men who prosecutors said were involved also have been charged in the slayings. Two men are scheduled to appear in court Jan. 18 for hearings in which prosecutors will present evidence intended to persuade a judge to order them tried on murder charges. The 3rd man pleaded guilty to murder last year and is scheduled to be sentenced Sept. 14, according to court documents. (source: San Diego Union-Tribune) *********************** Group's re-enactment to mark Williams' 2005 execution The Black Repertory Group will re-enact the execution of Crips co-founder and murderer Stanley Tookie Williams to mark the one-year anniversary of the former gang leader's death by lethal injection. Williams' longtime friend and co-author Barbara Becnel and Shirley Neal, a vice president at The Africa Channel, are co-producing the Dec. 12 event to show what they witnessed as "dramatic and horrific." "This is what the state of California is doing in the name of its people," Becnel said. "We were there. We saw it. Now we want the public to see what we saw." Becnel, who co-wrote the script with Neal, said the Berkeley event, which is meant to make a political statement, will begin with music and speeches celebrating Williams' "peacemaker legacy." At midnight, the re-enactment will unfold in real time, she said. During the actual execution, which took longer than most as prison staff struggled to insert the intravenous lines in his arms, Williams seemed to grow frustrated. About 15 minutes after the process began, he appeared to ask: "You doing that right?" Even the prison warden acknowledged Williams' apparent frustration. Williams, 51, died at 12:35 a.m. on Dec. 13, 2005, for murdering 4 people during a pair of Los Angeles robberies in 1979 that netted little more than gas money. "It may make some people uncomfortable," Neal said. "To show them that it's even worse than you think it is and . . . once you see what's going on, you'll want to act." In February, a federal judge halted the execution of rapist and murderer Michael Morales after his lawyers cited Williams' death and others to support their claim that lethal injection is cruel and unusual punishment. U.S. District Judge Jeremy Fogel said he found substantial evidence the last 6 men executed at San Quentin might have been conscious and suffering during the process. A decision about how to proceed with future executions is expected soon. Williams' became a national cause celebre for death penalty opponents and reignited a debate over whether a killer could find redemption on death row. Celebrities, including actor Jamie Foxx, rapper Snoop Dogg and other capital punishment foes argued Williams had made amends by writing children's books about the evils of gangs, while opponents pointed to the Crips violent legacy. Kent Scheidegger, spokesman for the Criminal Justice Legal Foundation, a group dedicated to victims' rights, said it's unlikely "Witness to an Execution" will present an accurate portrayal of death by lethal injection. "If they show how it really is, it won't be horrible," said Scheidegger, who said he's never seen an execution, but said the amount of sedatives is many times greater than a person undergoing surgery. "A murderer has no right to a completely painless execution," he added. "Few, if any, murder victims die with as little pain as occurs in lethal injection." (source: Associated Press) MARYLAND: Death penalty sought in killing of woman Baltimore County prosecutors filed notice yesterday of their intention to seek the death penalty against a man charged with killing and robbing a 49-year-old woman in May. Teandre L. Draper, 23, of Baltimore is charged with first-degree murder and robbery in the death of Eula Osbourne. Her body was found May 14 in the basement of a home she was renovating in the Gwynn Oak area. The woman's boyfriend reported her missing after he had not heard from her in several days. During the investigation, Draper became a potential suspect, and police learned that he had open arrest warrants on unrelated charges. He was arrested on those charges May 15 and questioned about the homicide, according to court records. During that police interview, Draper admitted that he hit and strangled Osbourne - a woman he called "Ms. Anna," according to charging documents. The medical examiner found the cause of Osbourne's death to be asphyxiation and blunt force trauma to the head. There are currently 8 murder cases in which county prosecutors are seeking a death sentence. (source: Baltimore Sun) NORTH DAKOTA: Death Penalty - Part 2 Will Alfonso Rodriguez getting the death penalty in federal court prompt North Dakota legislators to vote on the issue this session? The death penalty was abolished in our state in 1975. It's been brought up twice since then. Donnell Preskey has more on the death penalty and if it could be part of North Dakota. (Donnell Preskey) The decission to support killing someone who took anothers life is a tough one. It's one some legislators have had to make - and may come up again... (Sen. Randy Christmann / voted for death penalty) "After struggling with it for a while, I finally concluded that it's our job as a legislator to do everything we can to protect innocent people from the bad guys." In Senator Randy Christmann's opinion that means having the death penalty. It was one of his first votes as a lawmaker and the most difficult. Difficult for Senator John Andrist too. He helped write testimony for the sponsor of the death penalty bill. (Sen. John Andrist) "But somehow in my own mind I could believe it was a good thing to have and was good for society, I couldn't vote for it. When I came to pressing the red or green button - I felt I'm voting to execute somebody." Besides the emotion of making the life or death decission. Legislators also have to weigh other factors. It's more expensive to sentence someone to death than put them in prison for the rest of their life. (Robin Huesby / ND Com. on Legal COunsel for Indigents) "The median death penalty case in Kansas costs 1.26 million more than a non death penalty case." (Robert Hoy) "I don't understand the point of spending that kind of tax dollars on one case when the option seems to be to put them in prison for life." (Wrigley) "It's also expensive to lock people up for the rest of their lives. Is it worth it, yes." (Christmann) "This is a very expensive proposition but the reality is when you look at the value of the lives that are taken by some of these people a value has to be placed on them." (Robert Hoy) "If society had spent a small fraction of the time and money that they would invest in a death penalty case resoving the under lying problems in society we would probably save money and time. but also save problems created by people facing that type of penalty in a criminal case." Another issue experience. Hoy is the only defense attorney in North Dakota to try a death penalty case. (Robert Hoy) "The death penalty is something no one in the state has dealt with before. That's why in the federal statute specifically requires to appoint another lawyer who has death penalty experience." Taking on a death penalty case means an attorney would have to concentrate much of their work on that one case. In North Dakota we have our 1st death sentence in 92 years. Nationwide less states are pursuing death. So is now the right time? (Wrigley) "I think there is a sense among some that there are some individuals that warrant a consideration of the ultimate sanction." (Christmann) "I have heard a lot of talk about it. So I suspect there's better than a 50 / 50 chance that someone will bring it forth." (Donnell Preskey) According to the Death Penalty Information Center, the size of death row increased every year between 1976 to 2000. But since then there's been a slow decline. As of July 1st 2006 there are over 3,000 people on death row in the U.S. Do you think North Dakota should have the death penalty? Go to our website www.kxnet.com We have a poll question asking for your opinion. We'll post the results friday. (source: KXMB News) ILLINOIS: Ryan gets bail during appeal Former Gov. George Ryan will remain free pending the appeal of his corruption conviction, the 7th Circuit Court of Appeals has ruled. In a brief ruling dated today, the appeals court ordered that Ryan does not have to report to prison in early January but can remain free pending the outcome of his appeal. U.S. District Judge Rebecca Pallmeyer, who presided over Ryan's six-month long corruption trial, refused to grant him and his co-defendant businessman Lawrence Warner such a bond. Ryan's attorneys then took the appeal bond request to the higher court. "We're very pleased with the ruling and we're moving forward with the appeal," said Ryan attorney Timothy Rooney. Ryan, 73, was convicted in April of steering lucrative state contracts and leases to lobbyists and friends and using state employees and tax dollars to operate his political campaigns. He was sentenced to 6 1/2 years in federal prison. The U.S. attorney's office declined comment on the ruling. (source: Chicago Tribune) **************** Former death-row inmate writes book, seeks justice Gary Gauger is a lot of things to a lot of people in McHenry County. Hes a former death-row inmate who has been exonerated and pardoned. Hes a former suspect in his parents murders and also a Richmond organic farmer. Hes a public speaker. Hes probably pitied by some people and an inspiration to others. And now hes an author. Its remembering everything that has happened, said Gauger, 54, about the 17-chapter book he co-wrote with Julie Von Bergen. "It's the things that I have really been trying to keep out of my conscious mind." The book, "In Spite of the System," is a 1st-person account beginning on the day his parents were killed in 1993. It details Gauger's trial, the time he spent on death row, and what led to his pardon by former Gov. George Ryan. Von Bergen said one of the most candid portions of the book are letters that were written by Gauger during the time that he was in prison. "They told about the internal struggles that he had with forgiveness and coming to grips with his situation, even though he was innocent," said Von Bergen, a copy editor and freelance writer from Lake Geneva, Wis. Gauger was charged shortly after his parents were found murdered in April 1993 at their Richmond farm home. A jury convicted Gauger in late 1993, and he served 3 years in prison, including 9 months on death row. The conviction rested largely on what prosecutors described as Gaugers confession, which Gauger described as a response to a hypothetical scenario raised by police after sitting through more than 12 hours of questioning. An appellate court threw out Gauger's statements, because police had no probable cause to arrest him and interrogate him in the 1st place. McHenry County prosecutors dropped the charges in 1996, after the appellate courts decision and amid a federal investigation involving the Outlaws motorcycle gang. Outlaw members Randall E. Miller and James W. Schneider were later convicted in a federal racketeering case that included the murders of Morris and Ruth Gauger. Gary Gauger since has become a national spokesman against the death penalty. He has told his story publicly on more than 100 occasions to organizations, high schools and colleges across the country. "A lot of people find my story compelling, and they come up to me afterwards and want to know more," Gauger said. "That is why I wanted to write this." Gauger has a pending wrongful-arrest lawsuit against McHenry County, the McHenry County Sheriffs Department, and 2 sheriffs department officers one who is currently on the force and one who is not. Gauger and Von Bergen, both of whom have never published a book, said they believed the story would draw the attention of many people in Illinois and beyond. "[Gary] wants to let people know that this kind of stuff does happen to guys like him," Von Bergen said. "People don't want to think that they could end up on death row without even doing anything. But this book shows that it could happen if things fall the right way." (source: Northwest Herald)
[Deathpenalty] death penalty news----CALIF., MD., N. DAK., ILL.
Rick Halperin Wed, 29 Nov 2006 16:11:14 -0600 (Central Standard Time)
