Nov. 1



TEXAS----new execution date

Jesse Joe Hernandez has been given an execution date for March 28, 2012; it should be considered serious.


(sources: TDCJ & Rick Halperin)

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Forensic Science Panel Recommends Arson Probe


The State Fire Marshal's Office and Innocence Project of Texas will review past arson cases to determine whether faulty science could have led to wrongful convictions after the Texas Forensic Science Commission today approved recommendations to create a review program and improve arson investigations in the state.

The momentous and long-awaited move was welcomed by the family of Cameron Todd Willingham, who was convicted of killing his three daughters in a 1991 arson fire. He was executed in 2004, and scientists have since discredited the science that was used to cement his arson conviction.

"It doesn't bring my son back, but I know they couldn't do that," said Willingham's stepmother, Eugenia Willingham. "Maybe Todd's name will go down in history as being a part all of this."

The New York-based Innocence Project filed a formal complaint with the Texas Forensic Science Commission in 2006 alleging negligence and misconduct in the course of the arson investigations and testimony at the trials of Willingham and Ernest Ray Willis, who was convicted of arson based on the same type of science and was later exonerated. They wanted the commission to find that the State Fire Marshal's Office had erred in its investigation and then require the agency to review its other arson cases where similar practices were used to determine whether mistakes were made that resulted in wrongful convictions.

The matter has been a source of heated controversy at the commission through 3 different chairman, inlcudingWilliamson County District Attorney John Bradley, who strenuously objected to the commission's involvement in the case. He publicly sparred with the Innocence Project, which contended he was delaying the case for political purposes. Bradley argued that the commission did not have jurisdiction to investigate the Willingham case, and he asked Texas Attorney General Greg Abbott to issue a ruling on the panel's authority.

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Gov. Rick Perry appointed the current chairman, Dr. Nizam Peerwani, who is also the Tarrant County medical examiner, after the state Senate this year declined to confirm Bradley's nomination to continue leading the panel.

The new program and recommendations issued today follow Abbott's July ruling that severely restricted the commission's jurisdiction. He determined it could not investigate evidence gathered or tested before the commission's 2005 creation.

"I think the recommendations are proof that the Forensic Science Commission has worked very hard to do their job," said Jeff Blackburn, founder and chief counsel of the Innocence Project of Texas. "They have been legally confined by the Attorney General opinion, and I think they're doing the very best they can within the confines of that opinion."

Prior to today's meeting, State Fire Marshal Paul Maldonado and members of the Innocence Project of Texas and the Texas Forensic Science Commission convened to discuss the recommendations and how to implement them.

In an email, the Innoncence Project congratulated the commission on the program, saying members have "reminded the nation that forensic practices must be based on the most current science and that there is an ethical duty to correct when it is clear that the state and its forensic practitioners have unjustly convicted someone."

Now, a new stage of work begins that will require time and cooperation to conduct an exhaustive review of previous arson cases. But Blackburn said with the Fire Marshal's involvement, all the pieces are falling into place.

The commission's recommendations include the creation of a questionnaire for inmates convicted of arson to see if their cases are worth reviewing. The panel also recommended a review of death certificates in cases where the murder charge is listed as arson.

The recommendations also include new certification criteria for expert witnesses, and additional rules and regulations aimed at preventing the use of outdated science and improving the quality of testimony and analysis.

Since his 2004 execution, Willingham's family has continued a fight to prove his innocence. Willingham's cousin, Patricia Ann Willingham-Cox, thanked the commission for its work.

"Have we gotten justice for Todd in the state of Texas? No, not yet, but we will," Cox said. "Has Todd's death effected needed change? Yes."

(source: Texas Tribune)

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Perry in glare over thorny death penalty


Texas governor and Republican White House hopeful Rick Perry has overseen more executions than any other US governor and is proud of it - but his decision on one case will likely spark controversy.

Convicted triple murderer Hank Skinner is scheduled to be put to death in Texas on November 9 but Skinner has steadfastly maintained his innocence and says DNA testing - so far refused by the state - will exonerate him.

Of the nation-leading 476 executions carried out in Texas since capital punishment was reinstated in 1976, roughly half have taken place on Perry's watch, according to the Death Penalty Information Center.

While the centre's director Richard Dieter admits that the death penalty has not emerged as an "electoral issue" ahead of next year's presidential election, Perry has repeatedly trumpeted his support for capital punishment.

When asked in September if he lost sleep over the idea that an executed inmate could have been innocent, Perry replied: "No, sir. I've never struggled with that at all."

"If you come into our state and you kill one of our children, you kill a police officer, you're involved with another crime and you kill one of our citizens, you will face the ultimate justice in the state of Texas," he said.

"You will be executed."

Perry has granted clemency only once since taking over the governorship when George W Bush was elected president in 2000 - in 2007, three hours before the scheduled execution of a man who had been the driver of a murderer.

Under Texas law, the governor has the authority to grant clemency upon the written recommendation of a majority of the state Board of Pardons and Paroles. He can order a one-time 30-day stay of execution without a recommendation.

Perry "has not lost sleep over this issue," said Kristin Houle, director of the Texas Coalition to Abolish the Death Penalty.

"We have seen numerous cases of individuals that have been exonerated from death row with evidence of wrongful convictions. Five of the 12 exonerated have occurred during his 11 years" in office, she said.

Perry endured sharp criticism in 2004 for allowing the execution of Cameron Willingham, convicted for the death of his three children in a fire which experts later said might not have been criminal in nature.

The execution in Georgia in September of murder convict Troy Davis, who proclaimed his innocence to the end, sparked condemnation at home and abroad, and again shone a light on the flaws of the death penalty system.

Skinner, who is married to a Frenchwoman, has repeatedly asked for DNA tests on evidence that was never processed.

Last week, a group of current and former judges and elected officials urged Perry to delay the execution until such tests can be performed.

"Executing Mr Skinner without testing all the relevant evidence would suggest official indifference to the possibility of error in this case and needlessly undermine public confidence in Texas's criminal justice system," they wrote.

Rob Owen, director of the capital punishment clinic at the University of Texas School of Law, said the Skinner case was "very political" and could "generate the same kind of public outrage as the Troy Davis case."

"It's quite possible that this case will attract public attention and become a national controversy largely because of the fact that our governor is running for president," Owen told AFP.

But Steve Hall, head of the StandDown Texas project, which advocates a moratorium on the death penalty and a review of the state's use of capital punishment, said Perry would likely not lose support over the issue.

"The death penalty is not much of a political issue. It's more popular among Republican voters," Hall said.

(source: Agence France-Presse)






OHIO:

19 named to review death penalty in Ohio


The 19 members of a state panel that will review whether Ohio’s death penalty is being administered fairly include six judges, three legislators, two prosecutors and a sheriff.

The Ohio Supreme Court and State Bar Association yesterday named members of their previously announced joint task force. The first meeting will be Thursday in Columbus.

“The task force will not decide whether Ohio should or should not have the death penalty,” Chief Justice Maureen O’Connor said in a statement.

Instead, she said, panel members will conduct a thorough review of capital punishment to ensure that the state’s death penalty is administered in the most fair and judicious manner possible.

The task force is expected to make recommendations sometime next year. An exact date has not been determined, court spokesman Chris Davey said.

Retired 2nd District Court of Appeals Judge James Brogan will chair the panel.

Other members are Sara Andrews, deputy director for the Ohio Department of Rehabilitation and Correction; Hamilton County Prosecutor Joseph Deters; Franklin County Common Pleas Judge Stephen McIntosh; Ohio State law professor Douglas Berman; 8th District Court of Appeals Judge Kathleen Keough; John P. Parker, a lawyer in private practice; Cleveland State law professor Phyllis Crocker; Lucas County Common Pleas Judge Linda Jennings; lawyer Samuel Porter with Porter, Wright, Morris and Arthur; Jon Paul Rion with Rion, Rion & Rion; Clermont County Sheriff Albert Rodenberg; Stephen Schumaker with the attorney general’s office; Belmont County Common Pleas Judge John Solovan; Cuyahoga County Common Pleas Judge John Russo; Trumbull County Prosecutor Dennis Watkins; state Sens. Shirley Smith, D-Cleveland, and Bill Seitz, R-Cincinnati; and state Rep. Lynn Slaby, R-Akron.

(source: Columbus Dispatch)






CALIFORNIA:

Murder Victim Mom Against the Death Penalty


My twin sons, Albade and Obadiah, were just 22 years old when they were gunned down on the streets of East Oakland. Both students, Albade attending Merritt College and Obadiah studying to open his own barber shop, they had stopped on the side of the road to fix Obadiah’s stalled car when somebody shot and killed them at close range. The pain I feel for the loss of my sons will never go away. It is made even worse when I hear, almost daily, that another mother in California has lost her child to violence that has taken so many lives.

The person who killed my twin sons likely still walks the street today. Like the death of my sons, a shocking 46% of murders in California each year go unsolved, along with 56% of reported rapes. In this time of economic crisis, budgets for local law enforcement have been slashed repeatedly. Instead of hiring more officers to investigate open homicide cases, we are forced to lay off the very people who could catch these killers. Instead of testing each rape kit, they languish on shelves while the perpetrator remains free to attack another person.

While these criminals are still walking our streets, California continues to waste precious money on a broken death penalty system. Every year, California throws away $184 million dollars on 714 people that are already locked up behind bars instead of investing money in public safety programs that work. Since 1978 when the death penalty was reinstated, we have spent over 4 billion taxpayer dollars for 13 executions. For the cost of 1 execution, we could be employing nearly 6,000 police officers to patrol our streets, solve more serious crimes, and bring justice to more families.

The death penalty is a broken promise. It does not make our streets safer and it takes away resources from things that prevent violence, like keeping our kids in school and putting cops on the street. It also denies justice for thousands of grieving mothers who, like me, will never see their children’s murderer be held accountable for their crimes.

This is why I support the SAFE California Act (Savings, Accountability and Full Enforcement for California Act). SAFE California is a ballot initiative that will replace the death penalty with life without possibility of parole. By replacing the death penalty with life without possibility of parole, California will save an estimated $1 billion over the next five years. In addition, it will allocate $100 million to local law enforcement to investigate unsolved murders and rapes.

A sentence of life without the possibility of parole offers swift and certain justice. It also means that inmates will work in prison and pay money into the victim compensation fund as restitution. This money can help families of murder victims receive badly needed counseling services and pay for burial expenses.

California voters are ready to dump the death penalty in favor of real justice. In a Field Poll released in September, 48% of California voters opted for a sentence of life without the possibility of parole while only 40% chose the death penalty. A poll by the Public Policy Institute of California showed 54% of Californians prefer life without possibility of parole. These recent polls show California voters’ strong preference for life without the possibility of parole over the death penalty, with even greater support among communities of color.

The SAFE Campaign needs over 500,000 signatures to qualify for the November 2012 ballot. This past weekend, hundreds of volunteer and paid signature gathers hit the streets asking Californians to support SAFE CA. If you would like to volunteer or donate, please visit www.safecalifornia.org.

(source: California Progress Report----Lorrain Taylor is a SAFE California supporter. Her twins sons were gunned down in 2000. The killer is still at large)






CONNECTICUT:

Killer's aunt testifies he should be spared death sentence after his lifetime of abuse


Joshua Komisarjevsky’s sister testified Monday he was “not the ringleader” of the Cheshire home invasion, is not a violent person and would never have intended for anybody in the Petit family to be harmed.

Under cross-examination by State’s Attorney Michael Dearington, the sister said she did not consider Komisarjevsky’s repeated sexual assaults of her, when she was age 7 or 8 until age 9 or 10, to be violent acts.

He is 2 years older than her.

“I see that as an act of control,” she said.

The Register is not using her name because she is a sex assault victim.

The sister said the sexual attacks occurred “quite often,” but could not give an estimate of how many times they took place. “Most of my mind has blocked out such a traumatic experience.”

The sister and Komisarjevsky’s aunt were called to testify Monday by defense attorneys as part of the penalty phase of the home invasion trial in an effort to show he has redeeming qualities and should not be executed for his role in the triple homicide.

The jury Oct. 13 convicted Komisarjevsky, 31, of 17 counts in the murders of Jennifer Hawke-Petit and her daughters, Michaela, 11, and Hayley, 17. The jury now must decide if he should be sentenced to life in prison or get the death penalty.

The sister and the aunt, Karlie Lebatique, said it was Steven Hayes, 48, of Winsted, now on death row for the crime, who killed Hawke-Petit and her daughters.

But the sister acknowledged it was Komisarjevsky who followed Hawke-Petit and Michaela from the Cheshire Stop & Shop to their home, then brought Hayes back there a few hours later in the middle of the night.

The sister also conceded Komisarjevsky entered the house first and assaulted Dr. William Petit Jr. with a baseball bat.

Referring to Petit, the sister said Komisarjevsky “doesn’t like him,” but feels “a great deal of sorrow and self-hatred” for what befell the 3 females.

Asked by Dearington why Komisarjevsky doesn’t like Petit, the sister said, “He doesn’t believe Dr. Petit did enough to help his family out.”

After being severely beaten, Petit was tied up, first on the sun porch and then in the basement. He said he was able to free himself when he realized the crime was escalating. Although he made it to his neighbor’s house for help, the Petit home erupted in flames moments later.

Petit, who was sitting in the courtroom Monday, showed no overt reaction to the sister’s statement. But after court adjourned, when asked for comment, he said, “It’s hard to dignify the comments of a person who’s been convicted of six capital felonies and the sexual assault of an 11-year-old girl.”

Komisarjevsky’s sister testified, “I believe he wanted to keep the girls from dying.” She noted his statement to police that he closed the girls’ bedroom doors.

She said he did this “in hopes it would give them enough time” to escape from the flames, fueled by gasoline that had been spread throughout the house and over their bodies.

Asked by Dearington how she knows Hayes was the ringleader, the sister said, “I know Joshua is not a violent person by nature. He would not decide he is going to kill.”

She added, “Knowing him from growing up with him, I can say personally I know the type of person he is. He never hit me. He never hit my parents. He would never intentionally harm or decide to kill the Petit family.”

The sister testified in an often shaky voice and sometimes used tissue paper to stem her tears. Her brother stared down at the table in front of him.

She said she was at a church camp in Maine in 1992 at age 9 or 10, dancing and singing happily with other girls, when she suddenly broke down crying and “blurted out” the revelation her brother had been sexually abusing her.

“It suddenly hit me,” she said. “I’m having a great time and I have to go back home, where Josh was sexually abusing me at that time.”

The camp director called her mother, who brought her back to the family’s home in Cheshire. There followed an emotional discussion among her parents, her brother and her about her allegation.

After initially denying her accusation, he said he had done it, she testified.

She said her parents dealt with this by moving her bedroom downstairs and establishing a rule the two of them could never be with each other unless a “supervisor” were present.

The sister said her father “didn’t know how to handle it” and professional counseling was not sought.

Lebatique testified the family does not believe in “secular counseling” because it’s not in accordance with the Bible. Komisarjevsky’s parents, Jude and Benedict Komisarjevsky, and Lebatique are “born again” Christians.

Lebatique, who said she loves the defendant “more than you can ever imagine,” said he should receive life imprisonment rather than the death sentence.

Asked why, she said, “Because ever since he was in the womb, he has been rejected, attacked, abused and doubted every step of the way by the people that were supposed to love him the most.

“He’s done some awful things,” she added, “but he needs a second chance. He has a daughter that he loves.” The daughter is now 9.

She said, “It would not be good for his daughter” if he were executed.

But Lebatique said Hayes should be put to death because, in her view, he was the one who killed the three victims.

Earlier Monday, Jude Komisarjevsky completed her testimony. She acknowledged telling police she had discovered “traces of over 900 adult websites” on her son’s computer. Police were unable to find evidence of this.

She also testified that when her son’s monitoring bracelet, ordered by a court in a previous case, was allowed to be removed, four days before the home invasion, he began staying out late at night and “hanging out with a guy named Steve.”

That was Steven Hayes.

She said the last time she saw her son before the home invasion was about 11:30 p.m. July 22, 2007. When she asked where he was going so late, “He said he had to meet Steve, so they could meet with a contractor.”

(source: The Middletown Press)






USA (RHODE ISLAND)----re: federal death penalty

Feds asked to stop death penalty in RI case


Several Rhode Island groups have written to a federal lawyer asking him to halt efforts by prosecutors to pursue a death penalty prosecution against a state prisoner.

The state chapter of the American Civil Liberties Union said Monday the letter asks U.S. Solicitor General Donald Verrilli Jr. to halt efforts to try 34-year-old Jason Pleau as a death penalty case.

Pleau is accused of fatally shooting a gas station manager outside a bank last year. Earlier this month, the 1st U.S. Circuit Court of Appeals ruled Gov. Lincoln Chafee does not have to surrender Pleau to federal authorities. Rhode Island does not have the death penalty.

The ACLU says 4 other organizations also signed the letter.

A spokesman for Rhode Island U.S. Attorney Peter Neronha declined comment.

(source: Associated Press)





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Capital punishment: America’s barbarian


On September 21, a cruel injustice was committed when Troy Davis, convicted of murdering a Georgia police officer in 1989, was executed. In the weeks leading up to his execution, the case became highly publicized as Davis appealed for a third stay of execution. Davis gathered support from over 630,000 individuals, including former President Jimmy Carter, and major civil rights organizations. However, despite these efforts and what appeared to be a lack of evidence implicating Davis in the killing, the Supreme Court rejected Davis’s appeal. Although Davis’s case became quite the cause célébre, it is just another reminder of America’s unjust and barbaric practice of capital punishment.

The death penalty is fundamentally unjust. In many situations, as in Davis’s case, much of the evidence against the accused comes from “fuzzy” eyewitness testimonies. Many factors can affect how a witness identifies a suspect, from how a police lineup is administered to the lighting of the area in which the crime took place. Although new procedures have been developed, such as the introduction of sequential lineups, according to the Innocence Project, a non-profit legal organization dedicated to overturning wrongful convictions, eyewitness misidentification accounts for over 75 % of overturned criminal convictions. In Davis’s particular case seven of the nine witnesses from the trial recanted their original witness statements. Although eyewitness identification has been scientifically proven to be inaccurate, juries and judges still heavily weigh witnesses.

However, there have been cases in which convicts are executed and after their execution, new evidence surfaces that suggests they were innocent.

Take, for example, the case of Cameron Todd Wilingham, who in 1992 was sentenced to death in Texas after being convicted of killing his three children by arson. In 2004, days prior to his execution, Wilingham’s lawyers submitted a report to the Governor of Texas (current GOP presidential candidate Rick Perry) and the Texas Board of Pardon and Parole written by arson expert, Gerald Hurst. Hurst’s report stated that the previous forensic evidence that had been gathered in the case contained many errors. State officials, however, did not look into the report and Willingham was executed.

In the years following Wilingham’s execution new investigations were launched, and in 2005 the Texas Forensic Science Commission found that there was no scientific evidence that proved that Wilingham committed arson. There have been numerous cases similar to Wilingham’s, in which evidence surfaces that proves that the executed may have been innocent.

Supporters of the death penalty believe that it is the only way in which justice can be served for murderers. However, how is it just to execute those who may be innocent? The practice of capital punishment remains a contradiction within American society. Although this country was founded on the ideals, such as “liberty and justice for all” we have seen that in far too many death penalty cases, justice cannot be served when those who appear to be innocent are executed.

(source: The Tam News)






PENNSYLVANIA:

Why Pennsylvania Doesn’t Need the Death Penalty----With just 3 executions in 34 years, we're not using capital punishment anyway


Last week the nation’s highest court chose not to hear an appeal filed by the Philadelphia District Attorney’s office that sought to reinstate the death sentence of Mumia Abu-Jamal, who was convicted in 1982 of murdering Philadelphia police officer Daniel Faulkner. The ruling comes nearly a full decade after a U.S. District Court judge first vacated the sentence in light of prejudicial jury instructions, and just months after the Third U.S. Circuit Court of Appeals upheld that decision following an order to reconsider from the Supreme Court. It’s now up to District Attorney Seth Williams to decide whether to pursue a new sentencing hearing for Abu-Jamal, a process that would not only dredge up painful memories for the victim’s widow, but is destined to take place in an atmosphere very different than that of three decades ago, when the original sentence was levied.

In 1982, the year of Abu-Jamal’s conviction, capital punishment was overwhelmingly popular in the United States, with nearly three-quarters of Americans favoring it. Since then support for the death penalty has fallen across all segments of society, even among groups that represent the families of victims.

2 days after the Supreme Court decision on October 13th, Gallup released new poll numbers indicating that support for the death penalty is at its lowest level in 40 years. While a majority (61 percent) of American citizens still support it in cases of murder, evidence shows the impetus is emotional (revenge-based) and not practical. Barely a third believe capital punishment is a deterrent to future crimes. And contrary to popular belief, victims’ families rarely get a sense of closure after executions; quite the opposite, families report that the endless appeals process and decades of legal wrangling in death-penalty cases only serve to prolong their pain and more often prevent closure.

Meanwhile, since exonerations tied to DNA evidence began in 1989, jurors have become increasingly reluctant to hand down death sentences, which have fallen to an historic low (even Texas only saw eight people added to its death row last year, compared to 48 in 2000). Just 12 states carried out an execution in 2010 and only seven states carried out more than one (Texas, which still leads the nation in state-sanctioned killing, oversaw 17 executions last year and 11 so far in 2011.) Over the past four years, four states have abolished the death penalty and nationwide executions and death sentences have fallen by half since 2000.

Those, like myself, who oppose capital punishment on moral grounds will be happy to know that despite being on the books in 34 states, capital punishment is becoming a rarity across most of the country. Yet that is little consolation for the more than 3,200 people awaiting execution across the nation—which brings us to Pennsylvania.

With 208 men and women awaiting execution in three state facilities (Greene, Graterford and Muncy), the commonwealth houses the fourth-largest population of condemned inmates in the nation. And yet, since the Supreme Court reaffirmed the constitutionality of capital punishment in 1976, Pennsylvania hasn’t executed a single prisoner who didn’t voluntarily end the appeals process and ask to be put to death. Over the same period at least 20 condemned inmates have died of natural causes.

Keeping all those inmates on death row for so long is an enormous drain on states resources. Studies show it costs more than twice as much in appeals, administration and housing to put an inmate to death than to house him or her for the rest of their lives. Nonetheless, every year the governor of Pennsylvania, whomever he may be, signs dozens of death warrants—a total of 386 of them over the past 34 years, to be exact. Ed Rendell signed 119 himself, and Tom Corbett signed eight more this year alone. To put those numbers into perspective: When our neighbor, New Jersey, banned the death penalty in 2007, there were just eight men awaiting execution.

The American Bar Association has a theory as to why the Keystone State carries out so few executions despite having so many condemned: the atrocious state of our public defender system. Pennsylvania is the only state in the nation that provides no post-conviction financial support for defense appeals, meaning defendants are typically required to turn to county services and the aid of less-than-able court-appointed attorneys. As a result, cases are often wildly mismanaged, and data shows nearly as many death convictions are overturned in Pennsylvania as are handed down each year, the majority of them due to ineffective assistance of counsel.

Back in April, a group of city defense attorneys filed a petition in Common Pleas Court challenging the amount of public funding for criminal defenses in capital cases. The Philadelphia Inquirer reported that Philadelphia County pays court-appointed death-penalty lawyers less than “any remotely comparable jurisdiction in the country,” which has led to the city having the highest reversal rate in the country of capital cases challenged over the effectiveness of defense counsel. Last month, the Pennsylvania Supreme Court appointed a former Common Pleas Court judge to investigate the claims.

That’s a start. But here’s a better idea: Why don’t we follow the lead of states like New Mexico and Illinois, both of which have abolished capital punishment in the past two years, and end a barbaric and wasteful practice that we aren’t using anyway.

A bill introduced by State Senator Daylin Leach (SB 423) that would end capital punishment in Pennsylvania is currently sitting in Harrisburg in the Senate Judiciary Committee, where it is likely to stay given the current political climate in the capitol. That is, unless fiscally minded Republicans join progressives who oppose capital punishment on moral grounds and put pressure on lawmakers to do right by the commonwealth and end this wasteful practice (before cutting education and health care).

As states across the country rethink their stance on capital punishment, it’s fallen to a handful of “true believers,” like Florida, Texas and Ohio, to keep the death machine turning. It’s time Pennsylvania removed itself from the inauspicious group and joined the rest of the civilized world in abolishing capital punishment.

(source: The Philly Post, Oct. 20)
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