Sept. 13
UTAH:
Federal court judge denies Utah death row inmate's appeal
A federal judge has denied a Utah death row inmate's attempt to get his case
reconsidered, but more proceedings are likely.
U.S. District Court Judge Ted Stewart reviewed a dozen claims made by convicted
murderer Douglas Stewart Carter in which he asserted state courts erred in
deciding such issues as the effectiveness of counsel at his 1985 trial and
admissibility of his confession.
Stewart found that state courts dealt fully and appropriately with Carter's
case. While the Utah Supreme Court may have used "imprecise" language in some
of its rulings on Carter's appeals, it properly applied legal standards and was
reasonable in reaching its conclusions on each claim, he said.
On the issue of effectiveness of counsel, Stewart said that while there is
"strong argument" that Carter's attorney was "deficient," the record did not
show that met a prejudicial standard. Stewart also found that the Utah Supreme
Court also made a reasonable determination in allowing Carter's confession to
be used at trial.
Carter argued he did not recall being read his Miranda rights and claimed he
was induced to confess by a promise that a friend with whom he stayed in
Tennessee would not be criminally charged and or separated from her children.
In 2 different decisions, the Utah Supreme Court found Carter's confession was
made voluntarily.
Ken Murray, a federal public defender representing Carter, said Wednesday he
was still analyzing the 119-page decision and would then "make a decision about
what our options are."
Carter has about 30 days to file a notice of appeal with the 10th Circuit Court
of Appeals. He also has cases pending in state district court and before the
Utah Supreme Court that center on witness testimony given at his 1985 trial.
Assistant Attorney General Thomas Brunker called Stewart???s decision a
"significant step," but one that took far too long. Carter filed his federal
case in 2002.
"We are glad that this is over, but it should not have taken 10 1/2 years and
in future cases we will take steps to shorten the process," Brunker said.
Carter was convicted of murdering Eva Olesen in her Provo home on Feb. 27,
1985. Olesen's hands had been tied behind her back with a telephone cord ripped
from the wall. She was nude from the waist down and had been stabbed 8 times in
the back, once in the abdomen and once in the neck with a kitchen knife. A
medical examiner said Olesen, 57, was still alive when she was fatally shot in
the back of the head.
Several weeks later, Carter emerged as 1 of 8 suspects in the murder and then
quickly became the prime suspect after his then-wife shared information about
his possible involvement with the Utah County Attorney's Office. Carter was
arrested on June 11, 1985, in Nashville.
A day later, Carter signed a confession after being interviewed by a Provo
police officer and was extradited back to Utah. Carter later said the
confession was coerced and that while his signature appeared at the bottom of
the confession, claimed it was not the document he'd signed.
In that confession, Carter said he'd knocked at Olesen's door and that just as
Eva Olesen opened it, the phone rang and she went to answer it. Carter said he
walked into the home and when she came back he pointed a gun at her and
demanded money. Olesen gave him about $20 and then tried to flee out the back
door. When Carter stopped her, she picked up a kitchen knife. He pointed the
gun at Olesen and told her to drop it. He then took her into a back room, tied
her up and stabbed her.
Carter said he then went through the house looking for other items to steal
before returning to the back room and shooting Olesen in the head.
Epifanio and Lucia Tovar, friends of Carter, later testified during trial that
Carter had left their home the night of the murder planning to "rape, break and
drive" and, after returning to their home, said he had killed a woman by
stabbing and shooting her. The statements were the only corroborating evidence
offered by police, who had no forensic evidence linking Carter to the crime.
Epifanio Tovar said Carter later asked him to get rid of a .38 caliber firearm,
and he had complied.
At his 1st trial in 1985, a jury unanimously found Carter guilty of 1st-degree
murder and that aggravating circumstances existed, which made him eligible for
the death penalty. On Dec. 19, 1985, the jury sentenced Carter to death.
Over the subsequent 27 years, Carter made various appeals to get the verdict
and sentence overturned, arguing, among other things, that his confession was
coerced and should have been suppressed; that the prosecutor had tainted the
jury by indirectly commenting on his decision to not take the witness stand in
his own defense; and that his counsel had been ineffective.
The Utah Supreme Court rejected all but one issue raised by Carter - that jury
instructions were flawed - and, based on that finding, ordered Carter to be
re-sentenced. At that 1992 penalty hearing, Carter took the stand and
apologized to the Olesen family, his own family and asked the jury to spare his
life. His counsel also presented mitigating evidence he'd suffered racial
discrimination and had some brain dysfunction due to falls that was exacerbated
by substance abuse. But the jury's verdict was the same: death.
Once again, Carter appealed, but the Utah Supreme Court affirmed the conviction
and sentence. A state district court also rejected Carter's appeals for
post-conviction relief and that triggered another appeal to the Utah Supreme
Court, which again rejected his claims.
More recently, Carter has filed appeals claiming the Tovars' testimony was
tainted by aid they received from Provo Police, including rent and utility
payments, groceries, toys for their child and a Christmas tree.
The victim's son, Gary Olesen, who was 16 years old when his mother was
murdered, has on several occasions petitioned the courts under the Crime
Victims' Rights Act for a resolution of the case.
(source: Salt Lake Tribune)
AMERICAN SAMOA:
American Samoa wants to ditch death penalty
American Samoa's governor wants to get rid of the death penalty in the US
territory.
Governor Togiola Tulafono has moved to repeal the death penalty, making life in
prison the only punishment for those convicted of first-degree murder.
He says at least 40 years must be served before parole or probation is
possible.
The territory hasn't witnessed an execution in more than 50 years, when a man
was hanged for killing another man with a machete.
Tulafono wrote to lawmakers Tuesday (local time) there's no way to humanely
impose the death penalty, which currently doesn't provide an execution method.
His proposal comes 2 months after the attorney general's office withdrew the
death penalty in a case against Siaumau Siaumau Jr, who is accused in the 2010
shooting death of a police lieutenant.
(source: Stuff)
DELAWARE:
Del. death row inmate wins new penalty hearing
The state Supreme Court has ordered a new penalty hearing for a taxi driver
sentenced to death for the fatal stabbing of a 78-year-old Sussex County woman.
In a ruling issued Tuesday, the court agreed that a prosecutor improperly
suggested to jurors that Small was simply making excuses for his behavior at
his penalty hearing in an effort to avoid the death penalty.
The court said those comments distorted the purpose of the penalty hearing, in
which jurors compare aggravating and mitigating circumstances to determine
whether the death penalty is warranted.
The 54-year-old Small was sentenced to death for the 2009 robbery and killing
of June McCarson.
McCarson was killed after Small drove her around on several errands then took
her home.
(source: Associated Press)
OHIO:
Irish American who spent 24-years on death row released after evidence
cover-up----Ohio man is set to sue state over false imprisonment
A Cleveland Irish American has been declared innocent, after spending almost a
quarter of a century on death row.
In 1988, Michael Keenan was convicted of the stabbing of 19-year-old Tony Klann
in a Cleveland Park. Now over two decades later, a judge has dismissed his
murder charges.
On Wednesday Cuyahoga County judge John Russo dismissed the aggravated murder
count against 62-year-old after he determined that crucial evidence was
withheld from his trial attorney.
The judge said the evidence withheld by prosecutors "would have strengthened
and been beneficial" to Keenan's case.
He added that the state's failure to disclose this evidence "cannot be resolved
by a new trial," according the Associated Press.
The attorney of the accused, John Hildebrand, said his client was "obviously
thrilled" with the judge's ruling.
"It's unfortunate that he had to spend that time on death row," Hildebrand
said. "A lot of money was spent to keep him there because prosecutors concealed
evidence."
Keenan had been convicted twice for the killing of teenager Tony Klann. His 1st
conviction was overturned by the Ohio Supreme Court after they determined
prosecutorial misconduct. However he was convicted again in 1994.
Joe D'Ambrosio was also been convicted of murdering the teenager, but a priest
who befriended D'Ambrosio uncovered evidence that helped the men prove their
innocence.
D'Ambrosio was freed in 2010 by a judge who concluded the evidence could have
exonerated him.
Keenan's attorney said his client was considering suing the state over wrongful
imprisonment.
(source: Irish Central)
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