Aug. 16


PENNSYLVANIA:

Man gets death penalty in police killing


A man convicted of killing a Reading policeman has been sentenced to
death.

Jurors deliberated for more than 10 hours over 2 days before reaching a
decision Thursday on the fate of 26-year-old Cletus Rivera.

Rivera was convicted of 1st-degree murder last week for killing Officer
Scott Wertz on Aug. 6, 2006.

A Northampton County jury heard the case because of heavy news coverage of
the killing in Berks County. Jurors were bused in daily from Northampton
County.

(source: Associated Press)

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

Final expert says Banks incompetent for execution


The psychological disorders that have turned mass murderer George Banks
into a rambling paranoid have not improved since before he was scheduled
to be executed in December 2004, psychiatrist Richard G. Dudley Jr. said
Friday during the 2nd day of testimony in Banks' competency hearing.
Dudley, the 3rd and final psychological expert called by Banks' attorneys,
said the killer's psychosis and vast delusions have made him incompetent
to be executed, to petition for clemency or assist his attorneys. Banks,
66, went on a shooting spree in September 1982 that left 13 people dead,
including four girlfriends, who ranged in age from 23 to 29, 5 of his
children, ages 1 to 5, and 4 others. He has been on death row since June
1983.

Banks believes, "Jesus from Washington, D.C." vacated his sentence, but a
conspiracy has kept him incarcerated at the State Correctional Institution
here, about 30 miles northwest of Philadelphia, until he renounces God,
Dudley said.

"The central theme of the delusions is that Jesus, (or) God has pardoned
him and therefore there is no case against him," Dudley said, echoing the
testimony of the 2 defense experts who appeared Thursday  psychiatrist
John OBrien and forensic psychologist Jethro Toomer.

Dudley said Banks believes the state Department of Corrections would go to
elaborate measures to push him to renounce his religious beliefs,
including subjecting him to a simulated execution.

"He said Jesus has jurisdiction over his life, not man, not the courts,"
Dudley said.

Those beliefs, combined with a rambling, unfocused and illogical thought
process, make it impossible for Banks to comprehend the meaning and
totality of his death sentence, Dudley said.

"As a result of this delusional system, he does not appreciate his death
sentence," Dudley said. "The content of his delusions are directly related
to his understanding of the crime and his punishment."

Dudley evaluated Banks prior to his 2004 execution, which was stayed by a
last-minute ruling from the state Supreme Court, and in April, in
preparation for the competency hearing.

Dudley said Banks' behavior during the April meeting prevented him from
asking questions designed to gauge Banks' understanding of his
circumstances and possible execution.

"He blurted out various things," Dudley said. "I just stood there and
listened to him."

Jennifer Buck, an attorney with the state Attorney General's Office,
questioned how Dudley could determine that Banks is incompetent to face
death without asking about the death penalty.

"You didn't need to ask him?" Buck asked.

"Not again, no," Dudley said.

You only needed to ask him that once?"

"It would have been nice to ask him," Dudley said. "If he had been
cooperative."

The prosecution's psychological experts, psychiatrists Timothy J. Michals
and Stephen Mechanick, are scheduled to testify Monday.

Senior Judge Michael T. Conahan, who has presided over recent proceedings
in the case, prevented Michals from testifying at a competency hearing in
February 2006 after Banks' attorneys said the psychiatrist met with Banks
without their knowledge.

Conahan deemed Banks incompetent to be executed, but that decision was
overturned on appeal by the state Supreme Court because the prosecution
case had been compromised by the exclusion of Michals and the use of
another expert, psychiatrist Michael Welner, who had little time to
prepare.

In a September 2005 report, Michals said Banks had the competency to be
executed.

"It is my opinion that although Mr. Banks has a psychotic disorder,"
Michals said. "He had sufficient mental capacity to understand that he has
been tried, convicted and sentenced to death as a result of the death of
13 people."

(source: Citizens Voice)






CALIFORNIA:

There are now 47 O.C. killers on death row----3 OC murderers have been
executed in the last 30 years


Convicted murderers Noel Jesse Plata and Ronald Tri Tran on Friday joined
45 other Orange County killers  including one woman  on California's death
row.

Superior Court Judge William R. Froeberg confirmed a unanimous jury
verdict handed down in 2007 that recommended death for Plata and Tran, now
both 33, for torturing and strangling Linda Park, an 18-year-old-old
college student, during a home-invasion robbery in her Irvine home in
1995.

They became the 2nd and 3rd Orange County killers to receive a death
sentence since 2005.

Death sentences are, however, pending against 3 other men:

Michael Lamb, 33, convicted earlier this year of the lying-in-wait,
execution-style, retaliation slaying of a former gang colleague in 2002
for revealing gang secrets

Steven Carl Evans, 62, a life-time sex registrant who was convicted in
July of the sexual assault and stabbing murder of a 24-year-old Tujunga
woman in his trailer in 2003.

Benjamin Wayne Watta, 62, found guilty in June of the 1980 sexual assault
and suffocation murder of Simone Sharpe, 70, in her Seal Beach
neighborhood.

Since 2000, Orange County juries have recommended 16 death sentences for
men who committed such special circumstances murders as killing police
officers, multiple murders, murders by lying-in-wait, torture or murders
during sexual assault, robbery and burglary.

There are also currently special circumstances/death penalty charges
pending in Orange County against about 15 other defendants.

Since 1978, when the death penalty was reinstated in California after
another lengthy moratorium on executions, only 3 defendants sentenced by
Orange County judges have been executed.

There are now close to 700 inmates in the state awaiting execution. Some
have been in prison since the 1970s.

The last 11 defendants recommended for death in Orange County are:

2008

Anthony Navarro of San Fernando, was sentenced to death on July 19 for his
role in the kidnapping and murder-for-hire of David Montemayor, a
44-year-old Buena Park businessman, in 2002.

2005

Tupoutoe Mataele of Norwalk, was sentenced to die for shooting Danell
Johnson, an Anaheim acquaintance, at point-blank range in 1997 while
shaking Johnson's hand. Special circumstances: murder by lying-in-wait.

Alejandro Avila of Lake Elsinore, was given the death penalty for
kidnapping, sexually assaulting and murdering 5-year-old Samantha Runnion
in July 2002.

2004

Maurice Steskal, a Bible-reading, marijuana-smoking ex-convict with a
lifelong hatred of cops, was sentenced to death Feb. 6, 2004, for the
assault-rifle ambush of Orange County Deputy Bradley J. Riches in 1999.

2003

Victor Miranda-Guerrero, was convicted of raping and murdering Bridgette
Ballas, 29, on a Huntington Beach street in 1999.

Dung Dinh Anh Trinh, who dared jurors in 3 penalty-phase hearings to vote
for death, got his wish when he was sentenced for killing 3 employees of
an Anaheim hospital in 1999 hours after his mother died.

2002

John Samuel Ghobrial, an Egyptian national and a panhandler who had been
living in a shed, got death for molesting and dismembering Juan Delgado, a
12-year-old La Habra boy, in March 1998, and scattering his remains in
concrete cylinders.

2000

Gary Brents, an Anaheim pimp, was sentenced to die for his role in beating
26-year-old Kelly Ann Fordon, shoving her in the trunk of a car and
setting it on fire while she was still alive.

Kevin Boyce, a member of the Crips street gang, received the death penalty
for murdering Shayne York, an off-duty Los Angeles County deputy, after
finding York's badge during a 1997 hair salon robbery in Buena Park. Boyce
kicked York in the side, called him a "pig" and shot him in the back of
the head.

Hung Thanh Mai was sentenced to death for the unprovoked shooting of
California Highway Patrol officer Donald Burt Jr. during a traffic stop in
1996. Mai shot Burt 6 times and then placed a gun next to the fallen
officer's head and fired a 7th bullet into his skull.

John George Brown was resentenced to death for killing a Garden Grove
police officer and wounding 4 other people in a bar in 1980. The state
Supreme Court overturned Brown's 1982 death sentence in 1998, but a 2nd
penalty phase also led to a death sentence.

(source: Orange County Register)






ALABAMA:

No death penalty for pair in drive-by killing


Langford, Garth charged in death ofLaquinton Leslie


The prosecution will not seek the death penalty against 2 men charged in
the drive-by shooting of a teenager who had the bad luck to get in a car
at the wrong time.

Steven Terrell Langford Jr. and Brandon Marquiz Garth are charged with
capital murder in the death of 17-year-old Laquinton Leslie, according to
Assistant District Attorney Robert Becher.

At a status hearing Friday, Langford's lawyer, Robert Tuten, asked Circuit
Judge Karen Hall to postpone his client's trial because of evidence
discovery issues.

Trial for both men was originally scheduled Sept. 8, but the cases have
not officially been consolidated, meaning the court has not approved
trying both defendants during the same trial.

"Obviously, there was some confusion, and they did not realize that these
cases were related," Tuten said. "I think it was just a mistake in
scheduling."

Hall did not set a new trial date for either Langford or Garth. However,
she said the trial for either of them could be rescheduled to take place
before Oct. 30.

There could be conflicts with a joint trial. Langford recently met with
prosecutors without Tuten present and gave a statement laying all the
blame on Garth, Becher said in court Friday.

Langford, handcuffed, feet shackled together, looking thin and nervous,
wore an orange jail uniform to court. Garth did not appear because his
lawyer, Brian Clark, waived Garth's right to appear in person.

Leslie was killed in a drive-by shooting about 3:15 a.m. Oct. 8, 2006,
Huntsville police said.

Becher said the shooting stemmed from a wreck involving two vehicles. The
wreck occurred before Leslie got into one of them, he said.

Becher said the shooter fired into the vehicle and fatally wounded Leslie.

Police say Garth and Langford bragged to several witnesses after the
shooting that they had to "merc" or kill somebody. They were arrested in
November 2006 and indicted by a grand jury on capital murder charges in
January.

The death penalty is off the table. If Garth and Langford are convicted of
capital murder, they will face a sentence of life in prison without
parole.

(source: Huntsville Times)






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