Nov. 10
IDAHO----impending execution
Commission: No clemency for condemned Idaho inmate
The Idaho Commission of Pardons and Parole says it won't consider a clemency
request from condemned inmate Paul Ezra Rhoades., who is scheduled to die by
lethal injection Nov. 18.
Rhoades was sentenced to death for the murders of Susan Michelbacher and Stacy
Baldwin in 1987, and he was sentenced to life in prison for the murder of Nolan
Haddon the same year.
Commission director Olivia Craven said the panel decided Friday to deny
Rhoades' request for a clemency hearing. Under Idaho law, only the governor has
the authority to grant clemency on death penalty cases, but in order for the
governor to do so, the parole commission must first consider the request and
make a recommendation to the governor.
Craven said she met personally with Rhoades and his attorneys Oct. 14 to answer
any questions they had about the clemency process. Inmates are only allowed to
petition for clemency once every 12 months, and so she wanted to make sure
Rhoades had all the information he needed, Craven said. The commissioners spent
the last couple of weeks reviewing Rhoades' case before making the decision,
she said.
"They take this very seriously. They put in a lot of their personal time, and I
know they spent a lot of time reviewing everything over and over," Craven said.
"So, their decision was not made lightly."
Defense attorneys called the decision disappointing and criticized the board
for acting without taking the opportunity to get a fuller picture of Rhoades'
story from witnesses. Rhoades' lawyers planned to have witnesses recount his
addiction to methamphetamine and what the drug did to his behavior — details
not shared with judges who sentenced him to death.
"We maintain the Commission is making a grave and irreversible mistake by
relying primarily on a paper record," according to a statement issued Monday by
the federal defender's office in Boise. "It is shameful that Mr. Rhoades will
not have an opportunity to present his entire case and show that the man he is
today is not someone whom society would want to put to death."
There is still a possibility that a federal judge could issue a stay of
execution. Rhoades sued Idaho in federal court last month over the state's
method of execution, but as of Monday afternoon, no stay had been ordered.
If the execution goes forward, Rhoades will be only the second Idaho inmate to
be put to death since 1957, and the first one during that time to exhaust all
his appeals. The last inmate to be executed, Keith Wells in 1994, gave up all
of his remaining appeals and asked the state to carry out his lethal injection.
Idaho Gov. C.L. "Butch" Otter said in a prepared statement that he appreciated
the commissioners for carrying out their statutory duty "respectfully and
professionally."
"Paul Ezra Rhoades has taken full and unfettered advantage of his right of due
process of law for more than two decades," Otter said. "That process is running
its course. The law requires and justice demands that Mr. Rhoades be held
accountable for his actions as a judge and jury have directed."
So far, Otter has received about 17 letters about Rhoades' case since his death
warrant was signed, Otter's spokesman Jon Hanian said. Most of them — including
letters from the Pope's U.S. representative, Monsignor Jean-Francois
Lantheaume; the head of the European Union's delegation to the U.S.; and the
ambassador of Switzerland to the U.S. — urged Otter to stop Rhoades' execution.
A few were in favor of Rhoades being put to death, saying the heinousness of
his crimes merited the ultimate punishment.
Idaho Catholic Bishop Michael Driscoll also wrote Otter a letter asking him to
commute Rhoades' sentence to life in prison without parole. Driscoll told the
governor, who is Catholic, that while he didn't condone Rhoades' crimes,
Catholic teachings on the death penalty make it clear that executions shouldn't
take place when other means can protect society from criminals.
A Facebook group called Idahoans against the Death Penalty is also arranging
protests, vigils and letter-writing campaigns on Rhoades' behalf. The organizer
of that group did not immediately return an email from The Associated Press.
(source: Associated Press)
*******************
The Roman Catholic Diocese of Boise: "Ending the use of the death penalty would
be one important step away from a culture of death, towards building a culture
of life."
On Tuesday, The Roman Catholic Diocese of Boise expressed its sadness that the
Idaho Commission of Pardons and Parole decided to deny Paul Ezra Rhoades his
request for clemency.
The Catholic Church is an opponent of the death penalty.
Bishop Michael Driscoll with the Diocese of Boise wrote a letter to Gov. Butch
Otter detailing the Church's position on this controversial issue.
"For the Catholic community, this issue - like all life issues - is more than
public policy," Bishop Driscoll said. "It involves our faith and the central
issue that all human life is sacred. Catholic teaching on this issue is more
than just how to respond to violent crime. It's about justice and what kind of
society we want to be."
Bishop Driscoll is urging members of the Catholic community all throughout
Idaho to write the Pardons and Parole commission and ask the commissioners to
reconsider their decision.
Paul Ezra Rhoades is scheduled to be executed November 18. This will be Idaho's
1st execution since 1994.
(source: KIVI TV News)
**************
Judge OKs 3rd extension for death penalty deadline
A 5th District judge has again given a Twin Falls County prosecutor more time
to decide whether to seek the death penalty in a case against a man accused of
killing a Utahn during a hotel standoff.
State law generally gives prosecutors 60 days from arraignment to file notice
that they intend to seek the death penalty. But The Times-News
(http://bit.ly/uIU9YP ) reports prosecutor Grant Loebs told Judge G. Richard
Bevan that he needed more time to work on the case against Clark Cleveland, who
is accused of murder and other felonies. The judge agreed to grant another
extension Wednesday — Loeb’s 3rd in this case.
Prosecutors say 26-year-old Cleveland fatally shot 43-year-old Utah resident
Tracy Ivie and took another person hostage during a standoff at a Twin Falls
hotel in July.
(source: Associated Press)
OHIO----impending execution
http://ohiodeathrow.blogspot.com/2009/05/reginald-brooks.html
********************
Death penalty sought in OH slaying, body on tracks
Prosecutors will seek the death penalty for 2 men charged with murdering a
20-year-old woman and leaving her body to be struck by a train in southwest
Ohio.
The Montgomery County prosecutor's office in Dayton says a grand jury Wednesday
re-indicted 21-year-old Jamie Shaffer and 26-year-old Joshua Sellers in the
slaying of Lisa Spinks of Miamisburg. Grand jurors added specifications to
aggravated murder counts against the men, making them eligible for the death
penalty if convicted.
The Miamisburg men were initially indicted last month on aggravated murder and
other charges. Their attorneys did not immediately return calls.
Spinks' body was found Sept. 25 along train tracks in Miamisburg. Authorities
say she was stabbed in the neck before her body was left on railroad tracks and
struck by a train.
(source: Associated Press)
**************
Jury considers death penalty in Fairfield double slaying Nov 9
Convicted MS-13 gang member Hector Alvarenga-Retana will spend the rest of his
life in prison for two gang slayings in Fairfield in 2008.
After a little more than 3 hours of deliberations in the sentencing phase of
the capital murder trial, the Butler County jury of 7 men and 5 women announced
Wednesday night they would not send the defendant to death row.
It took the jury about 7 hours on Friday to find Alvarenga-Retana guilty on
several counts in the shooting deaths of 3 rival gang members and attempted
murder of a 3rd passenger in the black Honda parked in the lot at the Casa
Tequila restaurant.
An eyewitness told the jury Alvarenga-Retana was on a gang mission when he shot
up the car and passengers in July 2008.
Alvarenga-Retana earlier in the day appealed to the jury to think about his
young children when deciding his punishment. Defense and prosecutors agree the
4- and 5-year-old witnesses who took the stand on Tuesday likely influenced the
jury.
“Why a jury does anything is known only to them, one can only speculate, but
perhaps a feeling that the death penalty would be an additional penalty on the
defendant’s young innocent children, perhaps they didn’t want to saddle them
with the specter of his death as a result of the jury’s recommendation,”
Prosecutor Mike Gmoser said. “That might have been something that was tugging
at their heartstrings.”
Gmoser was pleased with the result, as was defense attorney Greg Howard about
the penalty phase.
“This (case) was especially tough given all the facts and circumstances,” he
said. “We’re very, very relieved for Hector and his family that the jury
decided the way that they did and we’re just very happy for his family that
he’s alive. It’s not the outcome that they wanted, they wanted him to be found
not guilty. But given what he was facing, it’s a good outcome. Hector is very
important to them and they are important to him.”
Judge Craig Hedric will pronounce the official sentence on Nov. 16.
Prior to the sentencing recommendation, jurors heard tearful mitigation
testimony from his mother, who said he was a good boy and begged for her son’s
life.
“If you take him away, what will I do?” she asked through an interpreter. “I
know some of you are parents and grandparents and I pray you will never be in
my same shoes.”
When Alvarenga-Retana took the stand he showed no remorse for anyone but his
family and the position he has put them in. He apologized to them profusely,
told them in Spanish how much he loved them. Rather than pleading for the jury
to save his life, he played on its members’ heartstrings.
“People learn from their mistakes,” he said. “I hope I can get a second chance,
even though I’m going to be locked up for long time, I can still be a positive
influence on my children. I can still be a role model for them even if I’m
locked up. I’m not going to be there physically, but emotionally I can support
them. I know my two children need me in their life. Even if I’m behind bars,
the kids don’t understand the situation right now, but if you give me life I
can be there for my family. If my kids see me it will be put a smile on their
faces to see daddy alive.”
The jury returned a guilty verdict late Friday night on charges he gunned down
2 rival gang members at the Casa Tequila restaurant in Fairfield 2008 and was
involved in another gang shooting in Hamilton County two weeks later.
The 23-year-old was charged with two counts of capital murder and attempted
murder, and one count of complicity to murder in the fatal shooting in
Cincinnati.
He was also charged with intimidation and participating in a gang in connection
with the Fairfield crimes, and two charges of felonious assault in connection
with the Cincinnati shooting.
Howard, urged the jury to consider Alvarenga-Retana’s age as a mitigating
factor and the fact his family, who he said obviously love him, don’t deserve
to lose him. He also said the fact the immigrant was brought here at age 14,
with his loving mother still in his native country, and forced to fend for
himself. His father and sisters worked, he was bullied at school, and dropout
out school early when he met his girlfriend and they began a family when he was
18. All mitigating factors, Howard said.
He said his client must be punished for his deeds. But he asked the jury to
give his client a life sentence rather than a death sentence.
“We ask you to give him life, so when he gets up every day he is reminded of
what he did and why he is where he is,” Howard said.
Assistant Prosecutor Lance Salyers held a bullet encased in a small baggie in
one hand and one of the baby pictures Alvarenga-Retana’s mother brought to
court and asked the jury how Alvarenga-Retana went from growing up with a
loving family and normal early childhood to committing a double slaying in
Fairfield.
“Even the defendant offered you no explanation, nothing to mitigate and say
here’s why I went astray, my parents raised me in the right way and I departed
from it,” he said. “Why? We didn’t hear anything.”
Then he showed them a picture of a black Honda, riddled with bullets and a
blood stained interior.
“What mitigation is there for this?,” he asked.
(source: Middletown Journal)
ARIZONA:
Family of murder victims in Baseline Killer case wracked with emotion at
Phoenix court hearing
Family members of 5 victims in the Phoenix area's Baseline Killer case sobbed
with emotion as they spoke in court Wednesday of the impact of their loved
ones' deaths.
The relatives addressed the 12 jurors who are considering whether to sentence
Mark Goudeau, 47, to death or life in prison. They included a mother whose
daughter was killed a mere 2 months after moving away from home to a husband
whose wife gave birth to twin sons 4 months before she was murdered.
The same jurors last week convicted Goudeau of nine counts of murder and 58
other crimes in the Baseline Killer case. They also found that he's eligible to
get the death penalty after prosecutors argued that the murder victims died in
an especially cruel way.
The mother and a sister of the Baseline Killer's 1st victim, 19-year-old
Georgia Thompson, traveled from their hometown of Post Falls, Idaho, to speak
to the jury.
Her mother, Rebecca Thompson, told the jury that she last saw her daughter just
6 days before she was killed. She had dropped her off in Tempe after a road
trip to visit her grandparents in Texas.
"My heart was heavy leaving her alone in Arizona," she said.
When she got the news back in Idaho that her daughter was murdered, Thompson
said that "a part of me began to die."
"I kept thinking they made a mistake. Not my baby," she said amid sobs. "I
didn't want her out of my site and now I have to wait an eternity to see her
again."
Thompson's body was found in a Tempe parking lot on Sept. 9, 2005, a bullet to
her head, an arm across her eyes and keys still in her hand. Like most of the
other victims, her pants had been unzipped. As her family tearfully spoke,
prosecutors showed photos of the beautiful freckle-faced girl with thick brown
hair and sparkling blue eyes.
All of Wednesday's hearing was dedicated to giving the family members of
victims the chance to tell jurors how they've been affected by the murders.
Their stories are expected to continue Thursday.
Goudeau's attorneys are arguing for a life sentence and are expected to present
jurors with two experts who will testify that aspects of Goudeau's life make
him worthy of mercy and a life sentence.
Goudeau already is serving a 438-year prison sentence stemming from the 2005
rape of a woman while he held a gun to her pregnant sister's belly. He only
became eligible for the death penalty with the recent murder convictions.
Juana Sanchez, whose 20-year-old daughter, Liliana Sanchez, was killed after
her first day of working at a fast-food restaurant, was in court Wednesday and
wrote a letter to the jurors, which was read to them by another family member.
"If I could just rip out my heart and put it in my hand to show you my great
pain," she wrote in Spanish. "Living without Liliana is the most painful thing
my family has gone through."
Sanchez said it's difficult to go on living without her daughter, and that she
and her husband and sons no longer celebrate birthdays or holidays because she
can't be there with them.
"I remember the day I gave birth to her. Such a tiny thing, so tender," she
said. "I had so many dreams for her, but when I see her pictures I wonder what
would she be like today ... I never imagined that life would give me so much
pain."
Alvin Hogue told jurors that he lost a best friend, a lover and the mother of
his 4-month-old twin boys the day his wife, 38-year-old Romelia Vargas, was
murdered.
As he spoke prosecutors displayed photos of Vargas holding the babies in the
hospital room.
"They will never know their mother," Hogue said through tears.
Goudeau's attorney, Rod Carter, addressed jurors before the family members did,
telling them that he was confident they would agree with him< that Goudeau
deserves a life sentence rather than the death penalty.
"Mark Goudeau is still a man with a family," he said. "He's a brother, he's an
uncle, he's a cousin, he's a friend."
Prosecutor Suzanne Cohen told the jury that no argument exists to convince them
to sentence Goudeau to life, calling him a wolf in sheep's clothing who killed
victims who didn't comply with his sexual demands.
"He chose to execute 9 people because he didn't get what he wanted: sex, power,
control," she said. "The death penalty is the appropriate punishment."
(source: Associated Press)
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