Feb. 6
TEXAS:
Historical Plaque to Honor Exonerated Inmate ---- Man cleared by DNA testing
after his death
The grave site of Timothy Cole, the first Texas inmate posthumously exonerated
by DNA testing, will get a new historical marker Monday.
Cole was convicted in 1985 and, until his death in prison in 1999, had fought
for his freedom the entire time he was incarcerated.
In 2007, the Innocence Project of Texas began to investigate on his behalf and
eventually proved his innocence. According to their research, Cole was
erroneously convicted due to eyewitness misidentification and improper forensic
science. The real perpetrator was found after he confessed to the Innocence
Project.
Cole was the first Texas inmate to be exonerated by DNA testing after his
death. With that, and because of his fight for justice, The Texas Historical
Commission has chosen to honor Cole with a historical marker.
Additionally, the state of Texas passed the Timothy Cole Act, which increases
compensation paid to exonerees to $80,000 per year served. According to the
Innocence Project, the state also created the Timothy Cole Advisory Panel on
Wrongful Convictions to study the prevention of wrong convictions in the state
of Texas.
Cole's ceremony will take place at 4 p.m. at Mount Olivet Cemetery in Fort
Worth. Prior to the ceremony, a 90-minute presentation will be held at The
Texas Wesleyan School of Law titled "The Truth about Tim Cole and Texas
Justice."
(source: NBC News)
MISSISSIPPI----temporary stay of impending execution
Judge temporarily blocks Mississippi execution
A federal judge has temporarily blocked the execution of Mississippi death row
inmate Edwin Hart Turner.
Turner was scheduled to die Wednesday for the deaths of 2 men killed during a
robbery spree in 1995.
U.S. District Judge Carlton Reeves on Monday halted the execution.
Turner's lawyer, James Craig with the Louisiana Capital Assistance Center,
asked Reeves to stop the execution. His argument was that a Mississippi
Department of Corrections policy prohibited Turner from getting tests that
could prove he's mentally ill.
Mississippi Attorney General Jim Hood has said Turner's lawyers are bringing up
old arguments that have been rejected by the courts before.
(source: Associated Press)
SOUTH DAKOTA----new death sentence
Berget sentenced to death in guard killing
A judge on Monday sentenced a South Dakota inmate to death for his part in the
killing of a prison guard during an unsuccessful escape attempt.
Rodney Berget, 49, pleaded guilty to killing Ronald "R.J." Johnson on April 12
— Johnson's birthday.
His accomplice, Eric Robert, also pleaded guilty in Johnson's death and in
October was sentenced to death.
Second Circuit Judge Bradley Zell said any mitigating factors in the case were
outweighed by the depravity of the crime before sentencing Berget to die by
lethal injection.
"Mr. Berget, may God have mercy on your soul," Zell said.
Zell had to find at least 1 of 5 aggravating factors existed to warrant the
death penalty. Those factors were: the death of a correctional officer, the
manner of death, where and why it occurred, and the defendants' criminal
background.
Berget is serving life sentences for attempted murder and kidnapping.
Prosecutors said during the pre-sentencing phase that Berget had tried to
escape several times before the April 12 incident.
He was first sent to the South Dakota State Penitentiary as a teenager for
stealing a car. Since then, his crimes have become increasing violent, Zell
said.
South Dakota Attorney General Marty Jackley said after the death sentence was
handed down that it was the only viable option.
"Rodney Berget has led a life of pain and destruction," Jackley said,
surrounded by the family of Ronald Johnson. He said Berget's sentence will act
as a deterrent to other inmates who may think about committing similar acts.
He denied that by executing Berget, the state was simply carrying out the
inmate's wish to die.
Berget's lawyer, Jeff Larson, said during his opening statements that his
client is "not a monster," and described how Berget had been taken from his
mother as a child and placed with his alcoholic father who beat him. Berget is
the second person in his family sentenced to die. His older brother, Roger, was
executed in 2000 for the 1985 killing of a 33-year-old man in Oklahoma.
Larson left the courthouse after the verdict was read without addressing media.
Johnson was working alone the morning of his death in a part of the prison
known as Pheasantland Industries, where inmates work on upholstery, signs,
custom furniture and other projects. Prosecutors said that after the 2 bashed
Johnson's head with a pipe and covered his mouth with plastic wrap, Robert put
on the guard's uniform and carted a large box toward the prison gate with
Berget inside. Both inmates were apprehended before leaving the grounds.
Jackley said Berget's execution should take place in 6 to 8 months after an
automatic appeal to the South Dakota Supreme Court takes place. Robert's
execution is set for May.
A third inmate, Michael Nordman, 47, is charged with supplying the pipe and
plastic wrap used in the slaying. Prosecutors have not said if they will seek
the death penalty for Nordman.
The penitentiary made more than a dozen procedural changes soon after Johnson's
killing, including adding officers to three areas of the prison and installing
additional security cameras. Other changes outlined in a 28-page report
released by the state in May included further restricting inmate traffic,
strengthening perimeter fencing, improving lighting and mandating body alarm
"panic buttons" for staff.
(source: Associated Press)
INDIANA:
Does Cost Factor Into Death Penalty Cases?
The man who allegedly murdered 5 people in Franklin County will not face the
death penalty, and many residents want to know why.
On Friday, Franklin County Prosecutor Mel Wilhelm filed an amended charge which
will have David Ison facing a possible life in prison sentence if convicted on
5 counts of murder.
Ison, 46, allegedly shot Roy Napier, Napier’s ex-wife and 2 grown children, and
neighbor and friend Henry Smith at 2 homes on Stipps Hill Road near Laurel last
September 25.
The Fayette County resident massacred the victims because he was upset Roy
Napier had raised the price of prescription pills he was selling by $2, Indiana
State Police detectives claimed in the affidavit detailing their investigation.
Wilhelm has not publically stated why he decided to forgo the death penalty,
but a large reason could be because of the cost.
In 2010, the Indiana state legislature’s non-partisan Legislative Services
Agency conducted a study of 92 murder cases across the state between 2000 and
2007, considering the costs of attorneys, expert witnesses, appeals, and other
costs.
The analysis of the cost of each type of sentence, from limited years up to the
death sentence, determined the cost of prosecuting a death penalty trial was
nearly $450,000.
On the other hand, a life in prison without parole trial cost under $43,000.
The death penalty case would have been a large strain on Franklin County’s
budget. During meetings leading up to Friday’s revelation, county council and
commissioners there had briefly discussed the possibility of a county
government shutdown to fund the trial.
According to a report issued by the Indiana Public Defender Council in January,
only one in five death penalty cases in Indiana result in a death sentence, and
even when they do, it is rarely carried out. For every death row prisoner
executed, three more have had their death sentences reversed thanks to appeal.
Ison is also charged with Attempted Armed Robbery for a failed holdup at the
G.A. Triplett Pharmacy in Osgood last May.
The Franklin County Prosecutor's Office did not immediately return calls
seeking more information Monday morning.
The Legislative Services Agency’s report detailing the costs of murder cases
can be found online at http://www.in.gov/ipdc/general/DP-COST.pdf.
The IPDC’s report is available at
http://www.in.gov/ipdc/general/indianadpfactsheet.pdf.
(source: WSCH News)
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