Oct. 27
TENNESSEE:
Witness battle won't delay Mathews' death-penalty trial
More than a year-and-a-half after Chattanooga Police Sgt. Tim Chapin died in a
gun battle with a robbery suspect outside a pawn shop, his family has
assurances that his accused killer will go to trial as scheduled, in January.
Criminal Courts Judge Barry Steelman has taken a defense motion for delay, only
'under advisement', for now. That likely makes the case against Jesse Mathews
more complicated.
"It is not possible for us to both prepare (a federal) case and be fully
prepared for a death penalty case," Mathews attorney, Lee Davis, told Judge
Steelman Friday.
Mathews faces the death penalty if convicted of killing Sgt. Chapin April 2,
2011.
Davis has filed suit in U.S. District Court to compel Assistant U.S. Attorney
Steve Neff to provide testimony or a deposition as a 'mitigating witness' in
the sentencing phase should the jury find Mathews guilty of murder.
Specifically, Mathews lawyers believe Neff can help show that Mathews' mother,
Kathleen, was pulling her son's strings, psychologically and emotionally.
"That's the box we find ourselves in," Davis told Judge Steelman. "In most
cases, we could talk to the man's family. They'd be voluntary witnesses,
cooperating witnesses."
Except Kathleen, Mathews' father Ray, and sister Rachel all are serving time in
federal prison after striking plea deals that they helped him elude justice and
conduct a multi-state robbery spree when he walked away from a work-release
program and halfway house in Colorado several months before Sgt. Chapin was
shot to death.
"We need to remember that if any of these individuals had done the right thing,
prior to April 2nd, we would still have Sgt. Chapin," Neff told reporters after
the plea deals were announced in September 2011. Kathleen Mathews got 30 years.
In sentencing memoranda and in open court, Neff argued that she "personifies
evil" and possesses "the abilities to manipulate and influence others to do
evil."
The sentencing memoranda asserts Mathews' mother was such a criminal
manipulator that he and the rest of the family "take their cues from her" and
that his alleged crime spree was "like a dog bringing his kill to his master
for approval."
"We feel he (Neff) is the evidence that is most relevant, the most reliable to
his mitigation."
U.S. Attorney William C. (Bill) Killian has denied Davis' request to interview
Neff. He has filed a motion to squash, citing 'sovereign immunity'. District
Attorney General Bill Cox has argued that Neff's deposition or testimony would
offer only an opinion, not solid evidence.
Davis expects Killian to appeal if federal courts compel Neff to testify.
Likewise, he says, the defense would appeal were the court to side with
Killian. "I expect both (sides) would act with urgency," Davis told Judge
Steelman. "But the process could take 90 days, or a year."
Judge Steelman proposed settling the issue himself. "Hypothetically, if I ruled
(Neff's testimony or deposition) was not admissible, would that end it?" he
asked Davis.
"I don't have an answer to that question," Davis replied. "I'm sure it could be
quite damaging."
Davis cited court rulings that require the defense to present mitigating
testimony in death penalty cases. "Not to have it, could provide the basis for
reversible error," Davis told the court.
Judge Steelman neither granted Davis' motion for a continuance, nor ruled
whether he'd allow Neff's testimony.
For now, the case remains on schedule. The jury will be selected in Nashville.
Questionnaires for prospective jurors are due November 7. Mathews' trial is set
to begin January 22.
Judge Steelman's gag order remains in effect.
Through all of Friday's proceedings, Mathews sat cuffed, shackled, and
stone-faced.
Sgt. Chapin's widow and other family members betrayed little emotion as they
watched, and left the courtroom in silence.
(source: WRCB News)
VIRGINIA:
Prosecutor considering death penalty in Blackstone murders
Nottoway Commonwealth's Attorney is considering seeking the death penalty in a
Blackstone double murder case.
Clyde Armstrong, 33, is accused of killing Brian Jones and his pregnant
girlfriend Jasmine Morrison on July 4. Commonwealth Attorney Tom Bledsoe said
Friday capital murder indictments will be forthcoming in the case.
Armstrong was initially arrested for child endangerment, drug distribution,
possession, and weapons charges. The bodies of Jones and Morrison were found in
their home on Pickett Court with multiple gunshot wounds.
Court documents describe the scene police found inside the home. Jones was
found on the kitchen floor lying "in a puddle of blood" with bullet casings
nearby. Morrison was found on the floor of the master bedroom also lying "in a
puddle of blood."
According to the papers, one victim had four gunshot wounds and items seized
near the bodies "support drug-related offenses." Things like a "book bag with
green plant material" and cash are listed on the evidence inventory.
Affidavits filed in Henrico court show a citizen came forward saying on July 2,
he and Jones did a drug deal with Armstrong. The informant says Armstrong
"fronted" them a 1/4 pound of pot and expected to be paid. Then, a day later
and a day before the bodies were found, he says he heard Armstrong threaten
Jones.
Inside Armstrong's Richmond Cool Lane home, authorities seized a book bag and
shoe box with marijuana, cash, baggies and scales.
(source: WWBT News)
FLORIDA:
Appeals court denies bid to lift stay of execution
A federal appeals court has refused to lift a stay of execution for a Florida
mass killer.
Lawyers for the state had asked the 11th Circuit Court of Appeals to lift the
stay for John Errol Ferguson. The Miami Herald reports (http://hrld.us/RnZ9Ep )
the court declined Friday night.
Ferguson's lawyers claim he suffers from mental illness so severe that he
should not be eligible for the death penalty. The 64-year-old Ferguson is a
paranoid schizophrenic.
The federal appeals court blocked his scheduled execution by injection on
Tuesday and the U.S. Supreme Court upheld the stay.
The Supreme Court rejected an earlier Ferguson emergency appeal Tuesday - as
did the 11th Circuit - but the high court wouldn't agree to the state of
Florida's request to overturn the later ruling.
(source: Associated Press)
**************************
Power of the Florida court system at the center of Amendment 5
After years of clashes with the Florida Supreme Court, the Legislature is
asking voters for more power over the state's judicial branch.
Voters will decide Nov. 6 whether to approve the controversial Amendment 5,
which would give lawmakers authority to confirm Supreme Court justices selected
by the governor, view complaints against justices as soon as they are filed,
and more easily override court rules.
Titled "State Courts," the amendment is among the most contentious on the
November ballot, with supporters arguing it would improve court oversight and
accountability. Opponents characterize the proposal as an attempt by
legislators to politicize the courts and intimidate justices who have struck
down new laws as unconstitutional.
House Speaker Dean Cannon, R-Winter Park, who helped put the amendment on the
ballot, said the measure is not about retribution but about making long overdue
moderate changes.
"This is not a power grab, it's a power adjustment," Cannon said. "This is a
step to bring more transparency to the courts and bring the state more in line
with the federal system."
It's only right for the Senate to confirm Supreme Court justices, he argued.
Florida's system of selecting judges is dominated by the governor and is
relatively closed compared with the federal system where candidates are openly
discussed on the Senate floor, he said.
Cannon also argued that the Legislature - as the lawmaking branch - should have
more say in the court rules, some of which are as meaningful as law. State
lawmakers can now override rules by a two-thirds vote, a standard high enough
to prevent the Legislature from intervening in all but extraordinary
circumstances.
Rules are typically mundane, and lawmakers rarely weigh in. But once in a
while, on hot button issues, they want their say.
For example, the Legislature put pressure on the courts several years ago to
make sure prosecutors got the last word in death penalty cases.
Alex Villalobos, a former Republican state senator, believes legislators
already have enough sway on rules.
"The Legislature is doing this because they want to interfere with the way the
court is run," said Villalobos, president of Democracy at Stake, a Tallahassee
group with a mission to maintain the independence of Florida courts. "The
Senate can act according to the Senate rules, the courts should be able to act
on their own rules."
Justice Harry Lee Anstead, who retired from the Florida Supreme Court in 2009,
said Florida's system has worked well for 35 years, and additional oversight is
unnecessary.
For example, Florida's governor doesn't select justices independently, as the
president does, but from a list supplied by a nine-member committee. Also,
federal Supreme Court justices are appointed for life while Florida justices
must face voters every six years in a process known as merit retention.
"This is a blatant attempt to politicize appointments and emasculate a merit
retention system that has worked well," Anstead said.
Florida Bar Association president Gwynne Young also spoke out against the
provision of the amendment that would require the court to turn over a
complaint when it is filed.
"It's sensitive for someone to make a complaint against a sitting judge. For
that reason confidentiality is very important," she said. "You want people to
be able to make a report without risking retribution."
Opponents of the bill have also raised questions about whether House speakers
would use complaints - even those that are unfounded - to intimidate judges
they dislike. Under the current system, a court panel investigates complaints
internally and releases the information if it finds probable cause.
Some top Republicans have hardly been shy about their animosity.
Frequently, lawmakers have railed against justices for "legislating from the
bench," and the Republican Party of Florida - in an unprecedented move -
endorsed a plan to unseat three Supreme Court justices who are up for
retention.
Several sitting lawmakers, including more moderate Republicans, criticized the
party for injecting partisan politics into the courts rather than encouraging
voters to retain or reject judges based on whether they do their jobs with
competence and integrity.
Yet, Bob Sanchez, director of public policy at the conservative-leaning James
Madison Institute, said it's more important to make investigations transparent
than to protect the privacy of the justices. Under the current process, nobody
knows whether complaints are investigated properly, he said.
"People in public office sometimes lose their expectation of privacy," he said.
"This would put the courts in the sunshine."
(source: Tampa Bay Times)
PENNSYLVANIA:
Possible death penalty remains in Pa. murder of 2
An eastern Pennsylvania judge has refused to bar prosecutors from seeking the
death penalty against 1 of 2 suspects accused of having gunned down a man and a
woman in an alley over a $250 drug debt.
The (Allentown) Morning Call ( http://bit.ly/S2gQZh) says Lehigh County Judge
James Anthony denied the request on behalf of 28-year-old John Boyd of
Allentown. Public defender Karen Schular argues that a hearing should be held
before prosecutors are allowed to seek capital punishment, and she says she may
appeal.
Boyd and a 16-year-old youth are charged in the December slayings of
37-year-old Steven Santiago of New York City and 34-year-old Adrian Ramirez of
Allentown. Prosecutors cited 4 reasons for seeking the death penalty against
Boyd, including torture and placing others at risk.
(source: Associated Press)
ARKANSAS:
Man officially charged with capital murder in Trumann deaths
A Jonesboro man accused of murdering 2 people in Trumann had formal charges
filed against him Friday.
According to 2nd Judicial District Prosecuting Attorney Scott Ellington,
28-year-old John Anthony Arnoult is formally charged with two counts of capital
murder, and one count of aggravated residential burglary. He is being held
without bond.
Ellington told Region 8 News he has yet to decide if he will seek the death
penalty against Arnoult.
Ellington said Arnoult is scheduled to appear on those charges on Monday
October 29.
According to Arkansas State Police and the Trumann Police Department, on
September 9, Arnoult was arrested in the deaths of 56-year-old Constance
"Connie" Cole and 57-year-old John Poff.
Their bodies were found September 2, by a maintenance worker who did a welfare
check of the home after neighbors reported hearing gunshots. Authorities say
witnesses told investigators that a car drove away from the home shortly after
gunshots rang out.
Neighbors told police they heard gun shots around 6 o'clock and thought those
shots were from dove hunters.
Trumann Police Chief Chad Henson said police found multiple wounds on the
bodies, and a disheveled trailer.
Arnoult is due back in court on October 29.
(source: KAIT News)
NEW HAMPSHIRE:
It's time for state to repeal death penalty
On Sept. 30, the Monitor reported that Republican Rep. Steve Vaillancourt of
Manchester had filed a bill in anticipation of the upcoming legislative session
that would repeal the death penalty.
I applaud Vaillancourt's efforts. The death penalty has no place in civilized
society.
Many Granite Staters feel very strongly that because the death penalty is found
in the Bible it is a valid punishment. I therefore wish to offer some insights
into the biblical application of the death penalty.
The Bible - what Jews call the Hebrew Bible and others call the Old Testament -
lists at least 21 offenses that are punishable by death. Yet, within the Bible
itself we see no actual application of the death penalty. In fact,
approximately 2,000 years ago, the ancient rabbis whose responsibility it was
to interpret the laws of the Bible concluded that application of the death
penalty had never occurred in the Bible. They ruled that going forward, in
order to apply the death penalty, the prosecution would have to prove that:
-a witness saw an individual about to commit a crime for which the punishment
was death;
-the witness would have to warn the person not to;
-the person committed the crime nonetheless;
-and a minimum of 2 witnesses saw the person commit the crime.
In other words, they created a standard making application of the death penalty
virtually impossible. The rabbis stated specifically, "Perhaps a witness
testifies that he saw a man running after his fellow into a ruin, the witness
pursued him and found him with a sword in his hand dripping with blood while
the murdered man was writhing in agony. If this is what you saw," the Rabbis
say, "then you saw nothing." (Talmud Sanhedrin 37b)
Jews, like other religious people, are not of one mind. We have divided
ourselves into 4 denominations and we frequently disagree on issues.
-On the death penalty, however, we are united in our opposition. We believe
that:
-Only God is infallible. Human beings will make mistakes. Approximately 300
people in the 20th century were wrongly convicted of capital offenses.
-No evidence has proven that the death penalty is a deterrent to crime.
-All human beings possess the power of repentance; the death penalty removes
this possibility.
The modern state of Israel is the only nation in the world that governs in
accordance with both democratic and biblical principals. Israel repealed its
death penalty after using it once. Not on Yigal Amir, who assassinated Prime
Minister Yizchak Rabin. He sits in prison. Not on terrorists who have blown up
university cafeterias, pizza places, coffee houses, discos, and scores of other
public gathering places. They, too, sit in prison.
The only application of the death penalty in Israel was to kill Adolph
Eichmann, a Nazi war criminal. Even then, the citizenry was so divided that
Israel repealed the death penalty soon thereafter.
Others have raised the biblical injunction of "an eye for an eye, a tooth for a
tooth" as showing support for the death penalty. This verse is meant only to
help a court derive the amount of financial compensation to pay a victim or the
family of a victim for the loss of life or limb. It is not a support for the
death penalty.
In most nations where Christianity is the official religion or where the
governments give special recognition to Christian religion, the death penalty
no longer exists. The following list shows the years in which these Christian
nations outlawed the death penalty:
-Andorra, 1990
-Argentina, 2008
-Costa Rica, 1877
-Denmark, 1933
-Dominican Republic, 1966
-Finland, 1949
-Republic of Georgia, 1997
-Greece, 1993
-Haiti, 1987
-Honduras, 1956
-Iceland, 1928
-Italy, 1947
-Liechtenstein, 1987
-Malta, 1971
-Monaco, 1962
-Norway, 1905
-Paraguay, 1992
-Poland, 1997
-Portugal, 1867
-Slovenia, 1989
-Spain, 1978
-Switzerland, 1942
It is time for the U.S. to be added to the list of nations that no longer
punishes by means of death. Let's start at home, here in New Hampshire.
(source: Opinion; Robin Nafshi is the rabbi at Temple Beth Jacob in
Concord----Concord Monitor)
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