Jan. 19
MARYLAND:
Maryland and the Death Penalty
Maryland's governor, Martin O'Malley, chose Jan. 15, the birthday of Martin
Luther King Jr., to announce his determination to repeal the state's law
allowing capital punishment. "Hate multiplies hate, violence multiplies
violence," he said, quoting Dr. King.
The death penalty does not deter murders, the governor said, since states with
the penalty have had higher murder rates than states without it. And
prosecuting a capital case in Maryland costs 3 times as much as pursuing a
homicide conviction that carries a sentence of life without parole. In short,
the penalty has been a huge waste of taxpayer money on a policy that manifestly
does not work. Significantly, he said, the state has gathered sobering proof
that its use of the death penalty has been so unfair - so arbitrary and
capricious - as to be unjust and immoral.
The Maryland Commission on Capital Punishment reported in 2008 that the
"administration of the death penalty clearly shows racial bias" and that the
chances of a state prosecutor's "seeking and imposing a death sentence differs
alarmingly across jurisdictions in Maryland, even when the cases are similar."
In addition, the reversal rate in Maryland death penalty cases has been
stunningly high; it was 80 % for the years 1995 to 2007, the commission
reported. Prosecutors have withheld potentially exculpatory evidence. Judges
have made decisions that were unfair to defendants. The police have forced
involuntary confessions.
4 years ago, the Maryland Legislature chose not to repeal the state's death
penalty law and instead made it the most stringent in the country. A person
cannot be sentenced to death without DNA evidence tying a defendant to the
murder, a videotaped voluntary confession or a videotape of the crime. But this
law makes the state's administration of capital punishment even more arbitrary
and capricious, since this evidence is so rarely collected.
As a practical matter, Maryland cannot execute anyone now. Its highest court
ruled in 2006 that the state cannot use the lethal injection protocol devised
by the corrections department because the Legislature did not review and
approve it, as state law requires. In fact, the state has not executed anyone
since 2005. But the law remains on the books, and the time has come to abolish
it.
As Governor O'Malley said: "We know what does not work. And we know that the
way forward is always found through greater respect for the human dignity of
all."
(source: Editorial, New York Times)
CALIFORNIA----new death sentence
Judge affirms jury's death penalty decision in 2009 toll plaza double murder
On Friday, Nathanial Burris was sentenced in Contra Costa Superior Court in
Martinez to the death penalty for the August, 2009, double murder of his
ex-girlfriend Deborah Ann Ross and her friend Ersie "Chuckie" Everette at the
toll plaza of the Richmond-San Rafael Bridge.
Burris was found guilty on 2 counts of 1st-degree murder in November 2012; the
same jury also recommended the death penalty following a weeklong penalty phase
of the trial.
California law requires that the presiding judge on a capital case review the
jury's decision and decrease the sentence if necessary. In this case, presiding
Judge John Kennedy considered decreasing Burris' sentence to life in prison,
rather than the death penalty. The formal sentencing also allows the family
members of the victims, as well as the convicted person, a chance to speak to
the court and plead for leniency or a harsh sentence.
On Friday Kennedy decided the jury's verdict was sound. "Nathan Burris shall be
put to death within the walls of San Quentin prison," said Kennedy, reading his
verdict following hours of last-minute appeals by Burris and statements of loss
and pain given by the victims' families.
Burris walked into the courtroom Friday looking markedly different than during
his last appearance in court. The nice slacks and long sleeved collared sweater
he wore throughout the trial were replaced by state-issued clothing: bright
yellow cotton pants, a stained gray long sleeve sweater and a bright yellow
short sleeve shirt. His hands were shackled behind his back and his recently
grown goatee and mustache appeared unkempt.
But his bravado - made evident early during the jury trial when he admitted to
the murders, even describing in detail how he did it and what the victims' last
words were - had not faded. Upon taking his seat at the defendant's table
Burris - who continues to represent himself with the assistance of attorney
Larry Barnes - asked the judge for a retrial. "What I said before is, if my
opponent doesn't do his homework, the court cannot help him," Burris said.
Burris accused Kennedy of helping prosecutor Howard Jewett by improperly
allowing him to call witnesses to the stand during the sentencing portion of
the trial. He said that the witnesses Jewett called should never have been
presented and that their testimony led to a wrongful death sentence. The
witnesses Burris took issue with were his past co-workers and employers who
testified to personally experiencing Burris' rage and threats.
Burris said he does not think it was right for people he knew over twenty years
ago to testify against him, and he said that their testimony about him being a
bad employee was inaccurate. "It's not a crime to quit your job or be fired,"
Burris said.
Jewett responded to Burris' argument by reading back some of the threatening
remarks witnesses said Burris made to them.
"I'll smoke your ass. I'll put one right through your forehead," Jewett said,
reading from the court record threats that a former co-worker said Burris made
to him when they worked together at a security firm.
He also brought up the threats that were played in court for the jury - threats
Burris had left on the voicemail machine of his former employers, for whom he
worked in 2007 hauling cars cross-country for their tucking company.
"The people did our homework," Jewett said, referring to the prosecution team,
"and the court properly agreed with the people."
"The aggravating factors were properly admitted," Kennedy said, adding that
Burris had supplied the most damaging evidence when he took the stand and
admitted to a string of armed robberies in San Francisco.
"Motion for a new trial is denied," Kennedy said.
Then he asked Burris if there was anything he'd like to say before he ruled on
whether or not to reduce his sentence from the death penalty to life in prison.
"I'm not asking for a reduction," Burris said. "So what? I don't care. It ain't
gonna bother me one way or another. I'm in California and there ain't no death
penalty."
The death penalty in California has a complicated history; it was in effect
from 1850 until 1972, when the California Supreme Court ruled it illegal. In
1977, the death penalty was reinstated, but the last death row inmate to
actually be executed was in 2006. As of January 3, 729 inmates are awaiting
execution - Burris would be number 730.
In last November's election, the death penalty was re-affirmed when Proposition
34 - an attempt to repeal it - failed. The election results came in while the
jury in Burris' case was deliberating on whether or not to sentence him to
death.
Throughout the trial Burris has mocked the death penalty process in California
and repeatedly called it a "joke." He refers to the cell he lives in as his
"apartment" and says he looks forward to his "retirement" where he can watch
sports, work out and eat 3 meals a day.
"The way I see it, I have a good 35 or 40 years before anything happens,"
Burris said, listing off on his upraised hand the 3 possible ways he sees his
life ending: "I get executed - probably not. I get killed in jail -
possibility. Or, I die of natural causes - likely."
Rising from his seat, Jewett argued that what Burris wants doesn't matter -
that by committing the "cold-blooded" murders he has lost the right to live.
"He has forfeited his right to walk and breathe among civilized people," Jewett
said. "If ever there was a case where a man deserves the death penalty, it's
Nathan Burris," he added as Burris chuckled loudly from his seat.
"May I?" Burris asked Kennedy after Jewett finished.
"I'm not concerned at all, believe me," Burris said after the judge gave him
permission to speak. "Off the top of my head I have 25 or 30 appeals I could
utilize. Why run to a room where they're going to kill you?"
After a brief recess, members of the victims' families had their chance to tell
the court about the lives Burris ended and the pain it has caused them.
"I'm Debbie's 3rd oldest sister," said Tyrice Ross as she stood microphone in
hand at a podium on the other side of the room from Burris. "Debbie took good
care of Nathan," Ross said, her voice cracking. "She always had his back, but
she got tired. She got tired of him."
With shaky hands Ross pulled out a card she said her sister showed her before
she died - one that Chuckie had given to her. Ross read the words Chuckie had
meant for Debbie, a poem that described what he saw when he looked at her.
"This is what I see when I look at you," Ross read. "A smile that lights up the
room. A love that is pure and true."
During the reading Burris stared straight ahead, without acknowledging Ross.
Ladietra Ross, another one of Debbie's sisters, went next. She was shaking as
she spoke; through gasps and tears she described the sister she lost. "Deborah
was a beautiful person," she said. "It's really hard for all of us because we
loved Nathan. We loved Nathan because she loved Nathan. ... What he did to
her...I'll...I'll never understand it. He was a good person at one time. But
all that is gone."
On Ladietra Ross's left pinky finger was an ornate butterfly ring. She has said
before that it was Deborah's ring and she wears it in memory of her sister, who
loved butterflies.
Albert Gray and Anthony Lenoir, Deborah's nephews, also spoke. Each asked
Kennedy to give Burris the strictest sentence possible. "Do not let a creepy
murderer like Nathan Burris sit on death row," Gray said. "Put him out
quickly."
After Deborah's oldest sister, Jane Gray-Walker, spoke - calling Burris a
"coward."
Burris asked for a moment to "go in the back" (a small room adjoining the
courtroom), before anyone from Chuckie Everette's family spoke. Kennedy granted
his request and Burris was led out in handcuffs When the hearing resumed and
Burris returned, Ronald Everette, the victim's younger brother, said he was
determined to not allow Burris to define their lives any longer. "Can we just
breathe for a moment?" he asked from the podium. Turning to the gallery with
hands outstretched he continued, "We've been going through a lot of drama. This
is about closure."
Everette reminded the audience that the family has said time and again that
they take solace in their faith, and that they know Debbie and Chuckie are
together in Heaven. The 2 met at Acts Full Gospel Church in Oakland where
Everette was a deacon and Ross an active parishioner.
"All Nathan did was join 2 people together for eternal life," Ronald Everette
said. "Family, heal yourself," he added, making eye contact with each of them
as he spoke.
Kenneth Everette, the youngest of the brothers, walked to the podium leaning
heavily on his cane - he sustained serious injuries to his legs when he was hit
by a train a few years ago - and wiping his eyes. "When I look back, I'm not
going to think about Nathan murdering my brother," Kenneth said in a voice raw
with emotion.
From the defendant's table Burris laughed loudly and took a long drink of water
while still staring straight ahead.
"I often think, if he were still alive, what kind of person would I be now?"
Kenneth Everette continued. "How much more would I have grown by the wisdom of
his words?"
Dannie Hollins, who is now the family's oldest surviving brother, said that he
felt only one thing: rage. "Today I'm going to express how I feel right now,"
Hollins said. "For 14 years Chuckie and I worked together. I saw him every day
for 14 years. I have never experienced rage and hate until I came to this
court."
As Hollins spoke he grasped the sides of the podium tightly and leaned forward,
speaking each sentence forcefully. "That was such a cowardly and small thing to
do," he said. "He's an itty-bitty coward."
Once the family was done speaking, Burris had his turn. He used the chance to
taunt the families again. "I don't care if people call me a coward," he said.
"Debbie's sisters are correct: I did have feelings for Debbie. The other man
was just in the way."
"I'm not concerned about what happened in the past," Burris added. "I got what
I wanted," he said in reference to the death penalty. "It's like when I lived
in my small truck. I'll live in my small apartment in San Quentin."
As Burris spoke, the victims' family members started to get up and leave.
"You're a coward!" Kenneth yelled as he exited the room.
Those who remained in the courtroom while the judge read the sentence reacted
quietly in their seats, nodding in approval as he sentenced Burris to death.
Outside of the courthouse, in the bright sunlight the Everette and Ross
families stood hugging one another and rejoicing in the end of a long journey -
one that began for them on August 9, 2009.
"I'm glad it's finally over," Lenoir said.
(source: Richmond Confidential)
****************************
Former death row inmate pleads not guilty to killing mother
A Vallejo man pleaded not guilty in Solano County Superior Court today to
killing his 90-year-old mother.
Dennis Stanworth, 70, did not try to plead guilty to the murder today as did at
his 1st court appearance last week, Deputy District Attorney Karen Jensen said.
He will return to court Feb. 21 for possible setting of a preliminary hearing
date.
Stanworth is charged with killing his mother, Nellie Turner Stanworth, of
American Canyon, in his Marshfield Road home on Wednesday.
Vallejo police said he admitted the murder to a police dispatcher during a
phone call around noon Wednesday. Police and prosecutors still have not said
how the woman died, and the coroner's office has not released the results of an
autopsy.
Jensen said Stanworth also is charged in the criminal complaint with the
special circumstance of having committed two previous murders and is eligible
for the death penalty.
Stanworth avoided the death penalty for kidnapping, sexually assaulting and
killing 2 Pinole teenage girls 1966.
He pleaded guilty to the charges and asked for the death penalty. The state
Supreme Court overturned his sentence, however and Stanworth was sentenced to
life in prison. He eventually was paroled in 1990 as a registered sex offender.
(source: KTVU News)
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