July 17



CALIFORNIA:

Morales signs gone ---- Anti-death penalty signs removed from windows of
county building


Anti-death penalty signs that had been posted in a San Joaquin County
public defender's window have been removed.

The signs, which included a "Save Morales" poster referring to the killer
of Tokay High School student Terri Lynn Winchell, had hung for months in
windows near the entrance to the Juvenile Justice Center in French Camp.

Winchell's family members learned of the signs last week and publicly
voiced their outrage Thursday.

The signs were removed Friday morning, said Sunny Acevedo, a management
analyst in the county administrator's office. They appeared to violate a
county employee rule barring political activity at work.

Jeff Wellerstein, the veteran public defender who had hung the signs in
his windows, was on vacation last week when the issue arose. He was out of
the office Monday afternoon, and a call to Public Defender Jim Larsen was
not immediately returned.

Wellerstein had represented Ricky Ortega, the cousin of Michael Morales.
Both were charged with murder in the January 1981 death of Winchell, who
was 17.

Ortega, who drove the car and had instigated the murder because he had
been sexually involved with Winchell's boyfriend, is serving a life
sentence in prison.

Morales, who strangled, beat, raped and stabbed Winchell, was sentenced to
death.

The case has received national attention because Morales was scheduled to
be executed in February 2006 when a judge halted the process. The judge
ultimately ordered California officials to revamp the state's lethal
injection process and all executions are currently on hold.

Winchell's mother, Barbara Christian, said she was relieved to hear that
the signs had been removed from public view. On Thursday, she had begun
e-mailing various public officials about the signs, and she said word of
the signs had reached the governor's office.

(source: Lodi News-Sentinel)






USA:

President's evolution


When George W. Bush was governor of Texas he supported the death penalty
for the mentally retarded. Today he considers a 30-month sentence for
Lewis ''Scooter'' Libby too harsh.

His evolution as a compassionate conservative is truly inspiring.

JOE McCREIGHT ---- Austin

(source: Letter to the Editor, Austin American-Statesman)

****************

A Confederacy of Hypocrites -- Troy Anthony Davis: Dead Man Walking


UPDATE: 8:00 p.m. EST Just minutes ago, the Georgia state parole board
issued a 90-day stay of execution for Troy Anthony Davis.

*******

Troy Anthony Davis, 38, is scheduled to be executed by lethal injection
tomorrow, Tuesday, July 17, at 7:00 p.m. for the murder of Savannah,
Georgia police officer, Mark Allen MacPhail.

Lawyers, family members and a representative from Amnesty International,
in a last ditch effort to save Davis' life, today spent nearly five hours
pleading for clemency before the Georgia parole board.

Davis has been on death row for over 17 years. He has maintained his
innocence from the start. Seven of the nine witnesses who helped implicate
Davis in the murder of MacPhail have recanted their testimony. There is
evidence to corroborate that some of the witnesses had been intimidated or
coerced into fingering Davis as the shooter. No murder weapon was found.
And yet, a jury found him guilty and sentenced him to death in 1991.

A few weeks ago, Libya sentenced 6 medics to death. In recent statements,
President George Bush made it clear to the Libyan government that he
believes that the 5 Bulgarian nurses and one Palestinian doctor found
guilty of deliberately infecting over 400 children with HIV tainted blood,
should be released.

The U.S. "strongly supports the release of the Bulgarian nurses in Libya,"
Bush said, adding that their release is a "high priority" for the United
States.

Bush's vehement response to the Libyan government is unwavering conviction
that he believes the lives of the six medics should be spared from a
firing squad, although they were sentenced in a court of law. Evidently,
the lives of 426 innocent children, knowingly infected with tainted blood
carrying the deadly HIV virus, was not a strong enough case to send these
medics before a firing squad.

As Bush is a man of God, and has been known to proselytize, his mission is
to spread peace and freedom around the globe.

For Bush and his clan, the sanctity of life is above all else. Even
embryonic stem cell research is not morally sound, as it is the taking of
precious life -- God-given life.

However, in the United States of America, or Confederacy of Hypocrites,
the life of Troy Anthony Davis, somehow, is not as precious or valuable as
embryonic stem cells or the 6 medical professionals who determined that
the lives of 426 children were expendable.

If the Georgia parole board refuses Mr. Davis' plea for clemency, denies
life to a man quite possibly innocent of the crime of which he was
convicted, he will be given a lethal injection at 7:00 p.m. tomorrow. The
clock is ticking.

He will will be strapped to a gurney, like a caught animal in a steel
trap, as a cold needle tears through his veins. Onlookers will witness the
death of a young man. They will witness the death of a son and a brother
and a friend. And more importantly, of a fellow human being who may or may
not have taken the life of officer Mark Allen MacPhail.

As Davis takes in his last breath at the hands of his executioners, Mr.
Bush will be protecting his precious embryonic stem cells in research labs
across the nation. He will continue to condemn Libya for their barbaric
decision to put to death medics who may have possibly killed over 400
orphaned children. He will continue to send young American men and women
into battle for a war that had nothing to do with terrorism in the United
States of America. He will be responsible for the deaths of hundreds more,
thousands of innocent human beings.

Life is precious. Just ask Bush.

(source: Op-Ed News; a native Californian, Jan Baumgartner is a freelance
writer currently living in Maine. Her background includes scriptwriting,
comedy writing for the Northern California Emmy Awards, and travel writing
for The New York Times. She has worked as a grant writer for the
non-profit sector in the fields of academia, AIDS, and wildlife
conservation and research for NGO's in the U.S. and Kenya. Her articles
and essays have appeared in numerous online and print publications. Her
travels in Africa are the inspiration for much of her work. She's
finishing a memoir about her husband's death from ALS)

***********************

Times Writers Group: Details dictate death penalty view


I've held strong views on both sides of the death penalty. Most recently,
I thought I was opposed to it, but then Elijah Page's face and story hit
the news.

His case rekindled my internal debate as I learned the sickening, gruesome
details of how he and his cohorts killed 19-year Chester Poage in South
Dakota 7 years ago.

To death penalty proponents, Page deserved to die. To opponents, he should
be allowed to live behind bars for the rest of his life. For me, the Page
case showed how I can't give unqualified support to either side.
Circumstances behind each case do matter.

For Page, the end came last week when he died for his crime, in South
Dakota's first execution in 60 years.

When I first thought about writing on this topic, I noted to my editor
that although I once had strongly favored the death penalty, now (after
the Page case) I sit just as strongly on the other side  where I plan to
stay.

Are you confused? Me, too.

My thoughts

Like a lot of others, I'm struggling with this. The subject has been a
controversial one. Questions I've posed to myself are:

 Because God grants life, shouldn't he be the one who takes it?

 On the flip side, Page cruelly tortured Poage to death. Doesn't he
deserve to die?

Largely responsible for my belief in the death penalty was my three-year
secretarial stint with the six-member major case squad a while back in my
hometown of Quincy, Ill. Our unit was formed to jump on major crimes as
soon as they occurred; then, through careful, thorough investigation,
bring in the bad guy. We were phenomenally successful in both arrests and
convictions of murderers, arsonists, forgers, drug dealers and robbers.

I saw the aftermath of senseless crimes, like the bar owner who was
shotgunned to death at point-blank range. We caught the shotgun-happy men
who did the deed within 18 hours. They didn't get the death penalty,
though most of us thought they deserved it.

Protecting friends, loved ones and neighbors from them and people like
them was our reasoning.

So what about the John Wayne Gacys, the Richard Specks, who killed
repeatedly? Did they deserve the death penalty? Why?

How about the Michael Foster Vineses? You didn't know him, but I did. He
was a 17-year-old itinerant English musician who blew into Quincy and
performed at a downtown nightclub for a few nights, then left. But not
before he'd met Marcia Edwards, a 32-year-old meter reader, and brutally
murdered her.

A few years later, he repeated the crime in Dallas and was arrested. My
boss, the chief of detectives, traveled to Dallas to interrogate him.
Vines admitted to killing Marcia. He also told my boss he'd taken out 50
girls with the express purpose of killing them. A noise, or a person
walking by who could identify him, forced Vines to "scrub the mission," as
he put it.

Did he deserve to die? Again, we thought so, but he didn't get the death
penalty in either Texas or Illinois. He did die years later in prison.

Change of heart

Late in 1998, Northwestern University held the first of its kind
conference on wrongful convictions and the death penalty, and that's when
I began to view the death penalty as an opponent.

Investigation into the cases of 30 inmates proved they were innocent of
the crimes that had put them on death row. They could have died for
something they didn't do, and that compelling evidence really got my
attention. How many others had already been put to death wrongfully?

For good reasons, I was strongly in favor of the death penalty; then, for
different good reasons, I was strongly opposed.

For the indefinite future, I'm strongly on the fence. Details of Elijah
Page's grisly crime shook my belief that there's only one right answer.

(source: Opinion, St. Cloud (Minn.) Times; this is the opinion of Natalie
Miller Rotunda, a freelance writer living in St. Cloud)






OHIO----female faces federal death sentence

Slain doctor's wife faces death sentence


The wealthy doctor liked to select his wife's clothes -- and her shoes,
perfume and purses, as well as where she and her relatives sat at the
dinner table, family members testified.

Dr. Gulam Moonda expected Donna Moonda to have a plate of fruit ready for
him when he came home from work, then wanted complete silence as he
rested, they said.

"Gulam, he made the decisions," Dorothy Smouse testified Monday during a
sentencing hearing for her 48-year-old daughter, who was convicted earlier
this month of hiring her lover to kill her 69-year-old husband.

A forensic psychologist was expected to testify Tuesday about Donna
Moonda's mental state, and a jury was to begin deliberations Wednesday on
whether to sentence her to life in prison or the death penalty. Moonda
could become just the 3rd woman on federal death row.

She never complained to her mother, sisters or friends about her husband,
they testified. Nor did she reveal she was having an affair, was abusing
painkillers and had lost her nursing license.

But she confided in boyfriend Damian Bradford that the doctor was like a
"prison guard." She persuaded the 26-year-old Bradford to shoot her
husband on the Ohio Turnpike by promising to share half of his
multimillion-dollar estate, he testified during her trial.

Bradford, of Monaca, Pennsylvania, was sentenced last week to 17 years in
prison. In exchange for testifying against Moonda, he pleaded guilty to
following the couple from their home in Hermitage, Pennsylvania, on May
13, 2005, and shooting the doctor in the head after Donna Moonda pulled
over.

Her attorney, David Grant, pointed out that Bradford could get out of
prison before age 40 with good behavior.

Given Bradford's sentence, "It's simply not right and not just to impose
the death penalty in this case," Grant told jurors.

Prosecutors called Dr. Faroq Moonda, a nephew of the victim, to testify
about the man he called "Doctor Uncle," who was a great influence in his
life.

He told jurors how his uncle immigrated to the United States to become a
doctor and help his impoverished family in India.

"My uncle was a very gentle human being, very generous ... to see the way
that it happened doesn't make any sense," he said of his uncle's death.

Grant described Donna Moonda as a hardworking nurse-anesthetist who went
into a depression and started abusing drugs after her father died.

She lost her job in 2004 because of the drug problem, and when she met
Bradford in counseling she was suffering from "dependent personality
disorder," Grant told the jury. He said such people are easily manipulated
and depend on others to make major decisions.

Assistant U.S. Attorney Nancy Kelley told the jury that Moonda encouraged
Bradford to kill her husband and paid him to do it. "This was not a plan
hatched in the heat of the moment," she said.

Donna Moonda's 3 sisters described her as a former high school cheerleader
who was ambitious about her education, worked diligently as a nurse, never
flaunted her husband's wealth and never complained.

The death of their father in 1998 hit Moonda particularly hard, they said.
She became despondent, lost weight and, unbeknownst to them, started
abusing fentanyl.

(source: CNN)






ALABAMA:

Alabama death row inmate loses appeal


Alabama death row inmate Darrell Grayson lost a federal court appeal
Monday that could have delayed his scheduled execution in 10 days.

The 11th U.S. Circuit Court of Appeals in Atlanta upheld a lower court's
dismissal of a lawsuit that Grayson filed against state prison officials.
His suit challenged how Alabama carries out lethal injections.

In denying Grayson's appeal, a 3-judge panel of the 11th Circuit noted
that he waited to challenge Alabama's execution procedures until 24 years
after his conviction and 4 years after the state enacted lethal injection
to replace the electric chair.

Siding with U.S. District Judge Keith Watkins, the appeals court said
Grayson offered no justification of why he could not have brought his
legal challenge earlier and said the real purpose behind his claim is to
delay his execution.

The Alabama Supreme Court has scheduled Grayson for execution on July 26
at Holman Prison in Atmore.

Grayson was convicted of capital murder and sentenced to die for killing
86-year-old Annie Laura Orr during a burglary of her Montevallo home on
Dec. 24, 1980. He was 19 at the time of the slaying. A co-defendant,
Victor Kennedy, was executed on Aug. 6, 1999.

(source: Associated Press)




FLORIDA:

Judge Will Decide If Couey Faces Death Penalty


A Miami jury recommended the death penalty for John Couey, but a judge
will have the final say.

According to police, Couey kidnapped, raped, and buried 9-year-old Jessica
Lunsford alive in 2005.

He was convicted in March 2007. Since the murder, Jessica's father, Mark
Lunsford, has toured the country pushing for tougher sex offender laws.

The judge in the case is now left to decide whether Couey is mentally
incompetent and if he will die for his crimes. Under Florida law, if Couey
is found mentally handicapped, he cannot be executed.

Mark Lunsford is expected to testify in Tuesday's hearing in Citrus
County.

Couey's formal sentencing is scheduled for August.

(source: WESH News)






SOUTH CAROLINA----new death sentence

'Patriot' Crimes----Jury Sentences Zealot to Death in S.C. Shootout


Raised on a steady diet of 'Patriot' teachings about property rights,
Steven Bixby was convicted of murdering law enforcement officers Danny
Wilson and Donnie Outz in a gun battle that left his home destroyed. A
South Carolina jury rapidly sentenced Bixby to die.

If Steven Bixby ever had a chance of avoiding the death penalty for
murdering two South Carolina law enforcement officers in 2003, it surely
disappeared under the torrent of 1,500 pages of letters he wrote a
girlfriend while awaiting trial.

Signing each of his missives "chaotic patriot Steve," the 39-year-old New
Hampshire transplant wrote Alane Taylor that God had sent him and his
father "to get rid of the evil in Abbeville," S.C., where the pair were
involved in a massive shootout and standoff with police. He identified
himself as the triggerman in the deaths of Abbeville County Sheriff's
Deputy Sgt. Danny Wilson and State Constable Donnie Outz. He boasted that
he could have killed eight additional officers.

And Bixby even described how, after shooting Wilson through a window of
the family home, he handcuffed the dying officer and dragged him inside.
Then, the antigovernment "Patriot" explained, he read Wilson his Miranda
rights.

"What we did in Abbeville on Dec. 8 was right," Bixby said.

A South Carolina jury didn't see it that way. Bixby, 39, was convicted in
February of the 2 murders, kidnapping, conspiracy and 12 counts of
assault. Days later, the jury sentenced Bixby to death. His father Arthur,
said by family members to be suffering from Alzheimer's, is likely to be
tried on the same charges later this year. His mother, who is not eligible
for the death penalty, is also expected to face trial on accessory
charges. Rita Bixby was not present during the explosive Dec. 8, 2003,
confrontation at the Bixby home, but is accused of helping to plan it.

Incredibly, the murders stemmed from a dispute between the Bixbys and
state highway workers who wanted to widen a road that ran in front of the
Bixbys' house. Although the state had purchased the 20 feet of frontage in
question years before the Bixbys moved there, the family furiously vowed
to defend the land with force.

Wilson was shot through the armhole of his bulletproof vest as he
approached the Bixby home to talk to the family about the dispute. Outz
was shot in the back as he stepped out of his car after coming to check on
Wilson's welfare. A 14-hour standoff ensued, with hundreds of shots fired,
and Arthur Bixby was left badly wounded.

The Bixbys had been involved in tax-protest and other radical groups in
New Hampshire before moving to Abbeville. Rita Bixby home-schooled her son
with a special emphasis on the Constitution, teaching him, as she
testified in his defense, that he had "the right to protect his property
by any means necessary."

(source: Intelligence Report)




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