[Deathpenalty] death penalty news----US MIL., OHIO

[Rick Halperin]

Dec. 2



US MILITARY:

Closing arguments from prosecutor, defense


The military prosecutor at Fort Bragg arguing the case against a Troy,
N.Y. soldier accused of killing 2 officers in Iraq says witness testimony
proves the soldier's guilt.

But the defense attorney for Staff Sgt. Alberto Martinez said Tuesday the
government only selected evidence that pointed toward Martinez, and that
other soldiers had motive.

The National Guard soldier could face the death penalty if convicted in
the deaths of Capt. Phillip Esposito of New York and 1st Lt. Louis Allen
of Pennsylvania.

In closing arguments, prosecutor Maj. John Benson noted testimony about
Martinez's animosity toward Esposito and his ability to get Claymore
mines, the type of explosive that killed the officers in 2005.

Defense lawyer Maj. John Gregory said Martinez wasn't smart enough to plan
such an attack.

(source: Associated Press)






OHIO:

Ohio looks to execute trucker from Portland


An Ohio prosecutor has requested an execution date for a former Portland,
Ore., trucker charged with murdering a hitchhiker in 1991 during a
multistate killing spree.

John Fautenberry was sentenced to death in 1992 for the shooting death of
Joseph Daron at a highway restaurant in Hamilton County. He had given up
his right to a jury trial, pleaded guilty and was sentenced by a 3-judge
panel.

Fautenberry, 45, was also linked to the deaths of an Alaska miner, a New
Jersey truck driver and 2 people in Oregon - Christine Guthrie, a Portland
bank teller, and Donald Nutley, whom he met at a Troutdale truck stop.

Prosecutor Joe Deters made the request Monday in a filing with the Ohio
Supreme Court. Deters says Fautenberry has exhausted his state and federal
appeals.

The request is 1 of 5 pending before the Ohio Supreme Court and 9
submitted since April.

Of those, the court denied 2 requests and set execution dates for 2 other
inmates, both of whom were executed.

In Alaska, which does not have the death penalty, Fautenberry pleaded
guilty on Aug. 21, 1991 to the fatal stabbing of Jefferson Diffee and
received a 99-year sentence. In New Jersey, Fautenberry was convicted for
the killing of truck driver Gary Farmer and received a life sentence for
manslaughter.

(source: Associated Press)