Jan. 26 NEW YORK: College Publishes Famed Killer's Diary On the eve of his execution, the man at the center of one of the 20th century's most notorious crimes was at peace. "In all that I have done, I hope I have done as men would have me do. I know that I am right with God, and that is the all important thing," Chester Gillette wrote in his diary's penultimate entry. The boyish Gillette was accused of murdering his pregnant lover on an Adirondack lake and sentenced to die in the electric chair after a sensational, headline-grabbing trial. His name might not be familiar to most Americans, but many know his story through Theodore Dreiser's classic novel "An American Tragedy" and the 1951 Oscar-winning movie, "A Place in the Sun," both of which were loosely based on Gillette's saga. With the 100th anniversary of his execution approaching, Hamilton College has published "The Prison Diary and Letters of Chester Gillette," a book that reveals the 25-year-old's private thoughts as he awaited his execution in Auburn State Prison for the murder of Grace Brown. The diary and letters were donated to the upstate New York college last year by Gillette's grandniece, Marlynn McWade-Murray. Gillette's writings offer neither an explicit admission of guilt nor any clear assertion of innocence, but they do provide a window to Gillette's character and his metamorphosis in prison from a blithe, gum-chewing youth into an introspective, compassionate, religious adult, said coeditors Jack Sherman and Craig Brandon. "Both Jack and I were surprised at what a different kind of person we found there: a mature person with a sense of humor, an inquiring mind, a dreamer, someone who thinks deep thoughts," said Brandon, who has researched the case for more than 20 years and previously written "Murder in the Adirondacks: An American Tragedy Revisited" and "Grace Brown's Love Letters." "It is the transformation of a person," said Sherman, a county judge who has studied and written about the case for more than 30 years. "It is the thoughts of a man on death row as he slowly comes to the realization of his impending execution." The tragic love story has kept the public spellbound for more than a century. Brown, a farm girl, met Gillette in a skirt factory owned by his uncle. Gillette was the son of Salvation Army missionaries, but history portrays him as a shiftless, would-be social climber. After a brief romance, Brown became pregnant. In a series of emotional letters, Brown implored the reluctant Gillette to marry her. His responses were cold and flippant. In July 1906, the pair took a trip to the Adirondack Mountains Brown still hoping for a marriage proposal. Instead, Gillette took her on an afternoon boat ride on Big Moose Lake, where prosecutors said he hit her in the head with a tennis racket, causing her to fall into the lake and drown. There were no eyewitnesses but Gillette was convicted on circumstantial evidence, despite his claim that Brown had drowned accidentally and he had panicked and fled. The story might have faded from public interest if not for Dreiser's 1925 novel the later movie version which won 6 Academy Awards. The story also has been retold on TV, in plays, songs, true crime books and in 2006 on stage by the Metropolitan Opera. Gillette entered Auburn State Prison Dec. 12, 1906, but did not begin his diary until Sept. 18, 1907. The last entry came several hours before his execution at 6:14 a.m. on March 30, 1908. Gillette read extensively in prison and many entries contain brief but incisive book reviews, and there is a section filled with favorite quotations from Socrates, Robert Browning, Richard Hugo and others. He also developed a fondness for travel books, wrote about visiting Egypt and dreamed of riding in a hot air balloon. "I should like very much to take a trip in a balloon and especially long ones. I did desire that, even when I was a boy, a long time ago, at country fairs or whenever I saw a balloon in ascension. It would be something new a new experience and so just suit me," he wrote on March 24. The diary was absent any bitterness, or the expected prisoner protests about food, abusive treatment or unsanitary conditions, Sherman said. There is one brief complaint about a guard's foul language. Nor is there any reference to his own case. There is only one passing mention of Brown, Brandon said. The editors believe Gillette was writing for his family and did not want their last thoughts about him to be about murder but also knew prison officials could read it at any time and didn't want to provide any incriminating statements that prosecutors could use against him if he ever got a second trial. Until his final appeal was denied, Gillette's writings indicated he expected to at least be granted a new trial, Sherman said. After that, he was convinced his family's campaign to win him clemency would prevail. "It's only in the last two weeks that you see him coming to grips with dying. At least on paper, he's pretty brave about it," Sherman said. Brandon thinks Gillette's religious conversion was merely for appearances. Sherman, though, sees the religious transformation as genuine. "What I found most impressive was how he came to finally define his love and appreciation for his family after spending most of his life trying to escape them," Sherman said. Gillette's final letter to his sister Hazel written on the eve of his execution is powerfully emotive, Sherman said. "I wish I had been a better brother and all that a brother means," Gillette wrote. "You have been all that a sister could be and much more than I deserve. Tho (sic) I haven't always lived as I should, I shall at least try to die as I should." (source: Associated Press) NEW JERSEY: Fog of uncertainty hangs over death penalty cases The 23 defendants awaiting trial on capitol murder charges in New Jersey landed a reprieve of sorts on Dec. 17 when the state Legislature abolished the death penalty. While Gov. Jon Corzine converted the death sentences of eight men on death row to life in prison, the debate over abolishing the death penalty was silent about pending capital cases, many of them built over several months, even years. Now, prosecutors in the 11 counties find themselves in legal limbo, unable to use the death penalty as a bargaining chip to extract a guilty plea and uncertain about what kind of sentence might apply. The law is so fresh that prosecutors are still unsure whether a defendant convicted of murder in these pipeline cases is automatically subjected to a prison sentence of life without parole. In Morris County, where Honduran immigrant Porfirio Jimenez is scheduled to stand trial in May for the stabbing death of 10-year-old Walter Contreras in Morristown, Assistant Morris County Prosecutor John McNamara Jr. spelled out the confusion in a letter to the judge. "The task of the parties to discern what should occur next is made complicated by the fact that the recently enacted legislation makes no mention of pending cases," McNamara wrote. He suggested that if Jimenez is convicted, the jury will be asked to consider the same aggravating factors that qualified defendants for the death penalty. If they agree Jimenez met them, he said, the sentence could then be life without parole. PROCEEDING WITH CAUTION Hudson County Prosecutor Edward DeFazio, whose office has 5 pending capital cases, was one of the 1st to tackle the issue, and he played it conservatively. Selection of a jury pool in the trial of Edward McDonald, who with a partner is accused of slaughtering a family of four in Jersey City on Jan. 11, 2005, was held before the law was signed, but DeFazio had his assistants proceed as if the death penalty had already been abolished. That meant prosecutors opted not to tell prospective jurors McDonald could face execution, eliminating a selection process that often drags into weeks as citizens are quizzed on their feelings about putting criminals to death. Instead, the jury pool being pared down to 16 this week will never learn the defendant once faced the ultimate penalty. "I feel fairly confident we're proceeding in the proper manner," DeFazio said. Prosecutors in Middlesex faced a somewhat more complicated situation. The month before Corzine signed the bill, they had convicted Steven Fortin of attacking and strangling 25-year-old Melissa Padilla. Rather than seek the death penalty, however, they have no choice but to ask for a sentence of life without parole. "We still had the former law in effect, so we were prosecuting under that law," said Assistant Middlesex County Prosecutor Keith Warbourton, one of the attorneys on the case. John Kip Cornwell, an associate dean at Seton Hall Law School in Newark, said the change may influence the way cases are handled. "In most heinous crimes, this probably does remove some of the leverage that prosecutors have to try to secure a plea," he said. A prosecutor might now have to offer a deal that carries a penalty less than life without parole. Without the death penalty as a bargaining chip, defendants may also head to trial even if they know there's a good chance of conviction, Cornwell said. "If the death penalty is not even available, and the defense attorney knows the evidence is overwhelmingly strong against his client, he's going to say, 'I'm just going to go to trial, because how much worse can I do?'" Cornwell said. But not everyone agrees. Cumberland County Prosecutor Ronald Casella said the possibility of the death penalty is sometimes enough to have defendants "dig their heels in" and take a chance at going to trial rather than accepting a plea bargain. "A large range of sentences still does hang over their heads, so I don't think it does make it more difficult to resolve cases," said Senior Assistant Passaic County Prosecutor Michael DeMarco. (source: Newark Star-Ledger) NORTH CAROLINA: Suspects may face the death penalty----3 charged in Davis case appear in court John Brant and David Wolff, the 2 men charged with the murder of Dana Davis, could possibly face the death penalty if convicted. Brant, Wolff, and Malinda Falk appeared in court on Friday. Falk was charged with accessory after the fact of the murder. Each suspect was escorted into the courtroom individually, and they did not have an opportunity to see each other. Judge Sherri Elliott presided over the courtroom and advised each suspect of his or her impending court dates. Brant appeared first and was accompanied by two deputies. Garbed in an orange jumpsuit and with his hands restrained, Brant shuffled into the courtroom and kept his eyes averted. Brant requested a court appointed attorney. Due to the charge of murder, the paperwork will be delivered to Raleigh before an attorney is appointed to his case. Falk also entered in an orange jumpsuit, but her face showed obvious signs of strain. While awaiting her hearing Falk silently wept. As she stood before Judge Elliott, Falk openly sobbed and acknowledged all questions directed at her. James Ayers was appointed as Falk's attorney, and she continued to cry as she was escorted from the courtroom. Wolff entered, and like Brant and Falk, kept his eyes averted and his attention on the judge while walking into the courtroom. Dressed in a black and white striped jumpsuit, Wolff glanced around the courtroom curiously as he waited for his hearing. Wolff was given the same information as Brant: He could face the death penalty, and he will have to wait until his paperwork is processed in Raleigh before receiving a court appointed attorney. Brant, Falk and Wolff are all due to appear in court again on Feb. 15. Davis was found dead in his mobile home Monday. Davis' sister, Diane Morgan, described Davis as a man with a dry wit and a sense of humor. Originally from Massachusetts, Davis was involved in the healthcare of the elderly and handicapped. Morgan added that Davis moved to North Carolina in order to live the simple life he desired. Wolff, a former resident of Morganton, had met Davis through a mutual acquaintance from Massachusetts. Brant, Wolff, and Falk were detained in Batavia, N.Y. on unrelated charges. According to Lt. Becky Brendle, Brant and Wolff had been bragging about beating up a man in N.C. and stealing his vehicle. This led the N.Y. State Police to call the Burke County Sheriff's Office and inform them of their possible involvement in such an incident. Brendle said the motive for the death seems to have been robbery. Davis was stabbed in the neck, leaving behind a bloody crime scene. Hundreds of pieces of evidence were collected at Davis' home and in N.Y. Sheriff McDevitt said that a strong case has been built against the 3 suspects, who have also given confessions. (source: Morganton News Herald) **************** Man may escape death penalty A Winston-Salem man may not face the death penalty in the case of a 1999 murder. A Forsyth County judge ruled that 46-year-old Steve Harrelson is mentally retarded. Harrelson pleaded not guilty to the 1999 murder of Barbara Tate in Guilford County. Harrelson has already plead guilty to first degree murder in the 2004 stabbing death of 38-year-old Vonice Dickerson. (source: News14.com) IDAHO: Killer avoids death penalty in plea deal To avoid the death penalty, a man admitted he beat and fatally shot a 20-year-old St. George woman in the head. Jack Daniel Brown, 28, pleaded guilty Friday to aggravated murder in the slaying of Trisha Lynn Stubbs 2 years ago. Charges of aggravated kidnapping and obstruction of justice will be dropped, and Brown will get life in prison without parole. Fifth District Judge James Shumate didn't immediately schedule a sentencing date. He has 45 days to do so. Brown, of Leeds, had been awaiting a trial that could have brought the death penalty if he was convicted. 2 other men are serving life terms for helping Brown kidnap the woman, who was left dead in a remote spot near Toquerville. (source: Associated Press) WASHINGTON: Decision on death penalty delayed 3 months King County Prosecuting Attorney Dan Satterberg will have an extra 3 months to decide whether to seek the death penalty for a woman and her boyfriend accused of killing 6 members of the woman's family on Christmas Eve. Satterberg extended the deadline from Feb. 10 to May 2 "to provide defense attorneys with enough time to submit any mitigating information regarding the defendants," said spokesman Dan Donohoe. Michele Kristen Anderson and Joseph McEnroe, both 29, each have pleaded not guilty to 6 counts of aggravated murder. The crime is punishable by either death or life in prison without the possibility of release. They are accused of fatally shooting Anderson's parents, Wayne, 60, and Judith Anderson, 61; her brother, Scott; his wife, Erica; and the couple's 2 children, Olivia, 5, and Nathan, 3, inside the elder Andersons' Carnation home. Police say the slayings apparently stemmed, in part, from a dispute Michele Anderson was having with her brother over money. According to court documents, Michele Anderson told police she was tired "of everybody stepping on her," and she had decided if her family did not start showing her respect by Dec. 24, she would kill them. The case will be the 1st in which Satterberg will consider seeking the death penalty. Satterberg was elected in November to succeed longtime prosecutor Norm Maleng, who died last year. A year ago, Maleng announced his office would seek the death penalty for Conner Schierman, accused of killing his neighbor Olga Milkin, 28; her sister Lyubov Botvina, 24; and Milkin's 2 sons, Justin, 5, and Andrew, 3, on July 17, 2006. It was the 1st time King County has sought death for a defendant since Green River killer Gary L. Ridgway, whose case has become a litmus test of sorts for the death penalty in Washington. Prosecutors gave up on capital punishment in that case in exchange for Ridgway's cooperation; he provided details that helped solve dozens of murder cases. Ridgway pleaded guilty to 48 counts of aggravated 1st-degree murder in 2003 and was sentenced to life in prison. (source: Seattle Times) *********** Decision delayed in family slayings----More time to fight death penalty 2 people charged with killing six members of a family in Carnation now have several more months to lay out reasons why they should not face the death penalty in the Christmas Eve crimes. King County Prosecutor Dan Satterberg agreed to postpone his decision for Joseph McEnroe and Michele Anderson, both 29, until May 2. He was originally set to decide early next month whether to seek execution for either or both of them -- a decision that would ultimately be up to a jury. The delay gives defense attorneys more time to offer information about the suspects, a process that typically includes detailing troubled childhoods, mental health issues or other mitigating evidence. The only other possible penalty for aggravated murder upon conviction is life in prison with no possibility of release. On Dec. 24, Anderson's parents, Wayne and Judy Anderson, were killed inside their home. Investigators say McEnroe and Michele Anderson dragged their bodies to a shed and burned evidence before Anderson's brother, Scott, arrived with his family. Anderson is accused of shooting her brother and his wife, Erica. Investigators say McEnroe also shot at least 1 of them before turning the gun on the couple's children, Olivia, 5, and Nathan, 3. Anderson told investigators that her brother owed her money and that she was angry with her parents, who wanted her to start paying rent for the mobile home that she and McEnroe used on their property, according to court papers. (source: Seattle Post-Intelligencer)
[Deathpenalty] death penalty news----N.Y., N.J., N.C., IDAHO, WASH.
Rick Halperin Sun, 27 Jan 2008 22:27:07 -0600 (Central Standard Time)
