Aug. 22



TEXAS:

Law could curb death penalty cases in Texas


Pending capital murder cases----UPSHUR COUNTY


Sarah Haslam, 20

Andrew Norwine, 21

Daniel Jones, 20

GREGG COUNTY

Torry Jamal Reed, 18

Brendan Xavier Douglas, 23

Joshua O'Steven Reese, 32

An area prosecutor says a new state law aimed at keeping innocent people off death row could end Texas' long reign as a capital punishment powerhouse.

SB 1292, which goes into effect Sept. 1, requires DNA testing of all biological evidence in death penalty cases. That's a change that one district attorney says could prove so costly and time consuming that capital punishment falls by the wayside.

Rusk County District Attorney Micheal Jimerson predicted Tuesday that the law will create a loophole that makes it too easy to get the death penalty thrown out or overturned, and it will increase the cost of prosecuting such cases.

"You're (now) being held accountable for testing biological material you can't see," Jimerson said. "Death is different. Minor mistakes become harmful mistakes in death penalty cases."

For example, Jimerson said, if 23 samples of biological evidence are tested and there were actually 24 samples available at the crime scene, a death sentence could be overturned based on that technicality - even if the 23 samples point to the defendant.

Application

The bill also applies to trials set after Sept. 1 for which the offense occurred before that date, meaning the new law could become a hurdle for Upshur County District Attorney Billy Byrd in prosecuting three capital murder cases. Sarah Haslam, Daniel Jones and Andrew Norwine are all in the Upshur County jail under capital murder charges, awaiting trial in the December beating death of 27-year-old Ronnie Joe Gammage.

Because of a gag order, Byrd could not speak specifically about the Gammage case but said he has thought about how the bill will affect prosecution.

"We have biological evidence in multiple counties starting with a kidnapping that originated in Gregg County and multiple stops prior to a death occurring in Upshur County," he said.

Under the new law, Byrd's office will have to send any biological evidence, and anything that may contain biological evidence, to a forensics lab.

The issue with that, he said, is the state doesn't define what is and isn't biological evidence.

"Essentially, every piece of evidence will have to be tested," Byrd said, which could delay the trials more than a year.

"Certainly, that will be the case. We will have to deal with certain delays and longer waits," Byrd said. It's not uncommon at all for DNA evidence to take well more than a year now to be processed, he added.

The average turnaround time for DNA testing completed by Department of Public Safety forensics labs in 2013 was 132 days, said DPS spokesman Tom Vinger.

"We are constantly striving to reduce DNA testing times at DPS labs," he wrote in an email.

That is no comfort to Gammage's mother, Frankie Ann Gammage, who said state lawmakers failed to serve justice for victims in passing the bill.

"I can't understand why they would do something like this knowing this is a capital murder case," she said.

"They are trying to give the criminals more rights than the victims.

"They never gave (my son) a chance, but yet they want every chance they can get. ... We'll live with it forever, but this makes it harder to live with because you have to wait for justice."

Death penalty in danger?

Though not a fan of SB 1292, Jimerson said opponents of the death penalty found the perfect way to frame their argument in a state where capital punishment always has proved popular among voters.

"The idea you can't argue with. It's a tremendous idea," he said about working to prevent wrongful convictions and reduce costly appeals. "But the application is the problem."

DNA testing has exonerated 49 defendants in Texas, according to the Innocence Project of Texas, many of whom were on death row.

Of the 1,343 inmates executed in the Unites States since 1982, 503 were in Texas. The state with the the 2nd-most active death penalty is Virginia, where 110 inmates have been executed during the same period, according to the Texas Coalition to Abolish the Death Penalty.

In the old days, Jimerson said, the bill would not be such a hard pill to swallow because blood and semen were the go-to bodily fluids for DNA testing.

"Blood and semen speak for themselves," he said, noting now that crime scene investigators will have to collect biological evidence that includes dead skin cells and sweat that someone may have left on a wall or doorknob.

The problem with that, Jimerson said, is a fingerprint and dead skin cells cannot be pinned down to a specific date and time.

"(Murders) don't happen in clean, sterile environments. Some of these crime scenes aren't sanitary from the beginning," he said, adding that there may be hundreds of samples - some that have no probative value to the case - being sent to already backlogged crime labs.

In 2012, DPS completed 5,478 forensic DNA cases, Vinger said, but he was not able to say how many samples were sent for analysis in that same time period.

Byrd said even if SB 1292 makes it more difficult to prosecute a death sentence case, his office will continue to try each case on its own merits.

"It's not going to stop us from seeking justice as fit and appropriate in any particular case," he said.

Kristin Houle, spokeswoman for the Texas Coalition to Abolish the Death Penalty, said the bill won't bring about the demise of capital punishment, saying it's been dying slowly for years.

"There has been a 75 % drop in new death sentences handed down since 2003," she said.

In 1999, the number of new death sentences peaked at 48 and remained in the double digits until 2009, Houle said. There were 8 death sentences handed down in 2010, 8 in 2011 and 9 in 2012.

More prosecutors are using their discretionary powers and simply aren't seeking the death penalty, she said.

"The additional DNA testing is not going to get rid of the death penalty when it has already been in decline," Houle said. "We already see many counties seeking not to use the death penalty."

SB 1292, she added, is a way to ensure the criminal justice system is doing everything in its power not to send the wrong people to death row.

"Anything that delays justice to ensure truth and certainty when a life is at stake is a good thing for both sides," Houle said.

More tests, more dollars

Proponents have touted the bill as being zero cost to the state, Jimerson said, but that logic doesn't carry over when more testing is required.

DPS' forensic labs provide testing to law enforcement agencies at no cost, but Jimerson fears the department's large backlog could force counties to use private labs, which would significantly increase costs.

Jimerson noted in the past that his office paid from $1,000 to $6,000 per swab tested at a private lab.

Those costs, he said, would be pushed onto county budgets and paid for by taxpayers.

"It's going to take the courageous county judge that is going to go to the people and say 'I need a tax increase to keep the death penalty available,'" Jimerson said.

The Texas Department of Public Safety crime labs, the state's primary DNA testing facilities, would have to hire more staff, buy more equipment and build more labs to keep up with the higher volume of testing, Jimerson said.

Vinger, the DPS spokesman, said it's too early to determine the impact the bill will have on the agency that operates 13 crime labs across the state responsible for processing evidence from 254 counties.

"SB 1292 will increase DNA volume, but it is too early to ascertain the specific impact on DPS labs, as the amount of evidence tested will vary from case to case," Vinger wrote in an email.

In the past, Jimerson added, district attorneys were told to use their best judgments because DPS can't test everything.

"Respectfully, the state labs can't handle what they have now," he said, noting his office waits anywhere from 6 months to a year for DNA test results. "We don't have the resources. We literally don't have the labs and the technicians."

Byrd agrees.

"It's not the lab's fault. They have so many cases they are working on," he said.

Byrd said the bottom line is the bill has passed, and counties will have to work within its guidelines.

"We've got to work with it. We will work with it," he said.

(source: Longview News-Journal)

****************

Convicted Amarillo killer back in court, looks for new sentence


A convicted Amarillo killer is making another run at having his sentence changed after jurors sentenced him to death for stabbing another man and killing him more than 20 years ago.

Brent Ray Brewer was convicted of killing 66-year-old Robert Laminack in 1990. Although originally sentenced to death, that ruling was overturned in 2007, reducing his sentence to life in prison. But Brewer was back in court in 2009 for a retrial and new sentencing. For the 2nd time, Randall County District Attorney James Farren sought the death penalty and for the 2nd time, a jury agreed.

But even now, in 2013, the case still has not rested with Brewer back in court this week searching once again to have his sentence reduced.

"The appellant is arguing that he did not receive effective assistance of council."

Again, after spending 2 days in court, documentation will be sent to the Criminal Court of Appeals to determine if a 3rd retrial is necessary, An option Farren said is not only extremely costly, but also redundant and unnecessary.

"It's the whole process of 20 years of appeals and writs and expert witnesses and additional attorneys, just the cost of paper alone is probably considerable," Farren explained. "We believe if we pick 12 more jurors, they'll reach the same decision. Everybody needs a resolution to these things and we ought to be able to get there in less than 2 decades."

(source: Newschannel10.com)






PENNSYLVANIA:

Man on Death Row For 21 Years Wins New Trial


A federal judge has overturned the conviction of a man who's been on death row for the past 21 years, finding that his conviction in the death of a teenager killed over her earrings was based on "scant evidence at best."

Senior U.S. District Judge Anita Brody called the case against James Dennis "a grave miscarriage of justice" and found that authorities withheld evidence.

In a ruling Wednesday, she ordered the 42-year-old Dennis released from prison unless prosecutors retry him within 6 months.

Philadelphia District Attorney Seth Williams said his office was disappointed the judge accepted what he called the defense's "slanted factual allegations." He said he was reviewing the state's options.

"The defendant was convicted for the brutal murder of a teenage girl on her way home from school, in broad daylight," Williams said. "3 passersby saw him do it and identified him in court, without any possible motive to lie."

The judge found that Dennis was convicted based on "shaky eyewitness identifications" following the shooting at a transit stop in the city's Fern Rock section in 1991. The 3 witnesses described 17-year-old Chedell Williams' killer as much taller than the 5-foot-5-inch Dennis, according to the ruling.

The judge also questioned the identification techniques used during a police photo array and police lineup, techniques that have come under frequent scrutiny in death penalty appeals and that many police departments have since revised.

Chedell Williams, a high school student, had been at the train station with a female friend. Witnesses told police that at least 2 men were involved, and possibly a 3rd as a getaway driver, but Dennis was the only person charged.

Also, the other girl told relatives that she knew the 2 assailants from high school, although she had never seen the men. The relatives passed the information to police, but they never followed up on it, the judge found.

"Improper police work characterized nearly the entirety of the investigation," the judge said.

Dennis was about 20 and had only a minor drug arrest on his record when he was charged in the girl's death. He had a child born after he went to prison, said pro bono lawyer Ryan Guilds, who has worked on his appeal since 1999.

"For him, as a father, for him to have been accused of this horrible crime has really taken a toll on him," Guilds said.

Dennis now hopes to be reunited with his mother and 2 daughters, Guilds said.

Dennis had maintained that he was on a bus the afternoon of the shooting and offered an acquaintance who saw him there as an alibi witness. The woman told police she had taken the bus several hours later. However, the appellate lawyers, after the 1992 trial, found a receipt from a stop she made that day that makes it more likely that she had taken the bus earlier than she recalled.

Lawyers from the federal public defender's office and the Pennsylvania Innocence Project also worked on the case.

"The eyewitness identifications were highly suspect," said Marissa Boyers Bluestine, legal director of the Pennsylvania Innocence Project. "When we have convictions based entirely on eyewitness identification, there have been calls to disallow the death penalty at all. ... The risk of a misidentification is so great that that should be off the table."

(source: NBC Philadelphia)

OHIO:

Ohio convicted killer Calvin Neyland appeals sentence, cites execution cost


A truck driver sentenced to die for killing his boss and another man should receive life without parole instead because the cost of an execution would be an unnecessary burden for taxpayers, the inmate's attorney told the Ohio Supreme Court.

The argument came Tuesday as the court weighed the death sentence for Calvin Neyland Jr., convicted of fatally shooting the two men at Liberty Transportation outside Toledo in 2007 as he was about to be fired.

Supreme Court Justice Maureen O'Connor questioned the financial argument by attorney Spiros Cocoves, saying certain government actions are appropriate for the expense involved, according to The Blade ( http://bit.ly/12nPJ2J ).

"I don't understand how the expense issue becomes something that we need to take into consideration. Isn't that a policy decision for the legislature?" O'Connor said.

No definitive study has laid out the exact financial difference in Ohio between seeking a death sentence and choosing not to pursue a capital punishment case.

Death penalty trials are almost always more expensive because they require extra attorneys and investigators on both sides. And appeals costs in capital cases also add up.

The actual cost of an execution is minimal, usually a few hundred dollars for the lethal drug, the cost of transporting an inmate to the state death house in Lucasville and other relatively minor expenses.

Justices seemed more interested in whether Neyland was mentally ill.

"There are facts in this defendant's behavior leading up to the murders in question that, it would seem to me, would merit coming to our attention," said Justice Paul Pfeifer.

Neyland, 49, has been diagnosed with paranoid personality disorder, and an earlier court case referenced mental illness.

Prosecutors argue he functioned reasonably and had a mental condition, not mental illness.

(source: Associated Press)


FLORIDA:

Witness says woman, rather than man, charged in death of Brooksville teen "did all of this"


Kevin Shields sat on the stand Wednesday and recalled the day last December when Byron Boutin and Crystal Brinson showed up at Shields' house in Floral City.

Brinson was jumpy and said they had something to tell him. She said 18-year-old DeAnna Stires had freaked out, ransacked Boutin's house and stolen his methamphetamine.

"She said, 'I had to whoop her ass, Kevin,' " Shields recalled. "I said, 'Where the hell is DeAnna?' and she says, 'She's in the trunk of the car.'"

The 1st witness on the second day of Boutin's murder trial, Shields seemed to bolster both sides. Prosecutors are seeking the death penalty for Boutin, but defense attorneys say Brinson is responsible for Stires' death.

Assistant State Attorney Pete Magrino told jurors during opening statements that Boutin, 42, and Brinson, 36, were angry that Stires had stolen Boutin's methamphetamine, and Boutin told Brinson to "do something about it." Magrino said Boutin is guilty of 1st-degree murder even if it was Brinson who hit Stires in the head with Boutin's handgun and injected her with morphine.

Defense attorney Charlie Vaughn hopes to convince jurors that Boutin just wanted Stires out of his Homosassa mobile home on Dec. 26, 2012, and Brinson took matters into her own hands.

Vaughn repeated what Boutin told investigators after his arrest:

He and Brinson had left Stires alone for about an hour and returned to find drugs missing, the trailer in disarray and an agitated Stires. He said Brinson pistol-whipped Stires after finding the meth in her purse and injected her with a shot of morphine. Boutin said he thought the shot was consensual.

Boutin claims that Stires, who lived in Brooksville with her father, was snoring when Boutin and Brinson put her into the back of his Lincoln Continental and drove to his father's house west of Brooksville. Hoping she would sober up, they bound her to a table in the garage, taped her mouth shut and left. He said they returned a short time later to find her dead. Boutin admitted to dumping Stires body in a remote wooded area of Levy County a couple of days later.

A medical examiner testified Tuesday that Stires died of acute morphine intoxication.

Shields said he did methamphetamine with Stires in Brooksville on Christmas Eve before Boutin and Brinson came to pick her up. When the pair showed up at his house 2 or 3 days later, he said, Brinson was clearly in control.

"There was nothing mentioned by the defendant about permanence or loss of life," said Shields, who has known Boutin for about 20 years. "Miss Brinson did all of this."

Later Wednesday, forensics experts testified that Stires' blood was found in the trunk of Boutin's car and on the rear passenger door.

Brinson faces the same charge as Boutin and has yet to stand trial.

(source: Tampa Bay Times)

******************

Mental health in question as execution set: Marshall Gore


URGENT ACTION

Marshall Gore, aged 50, is due to be executed in Florida on 1 October for a murder committed in 1988. His mental "competence" for execution is in question.

Marshall Gore was sentenced to death in 1995 for the murder of Robyn Novick, whose body was found in a rural area of Miami-Dade County, Florida on 16 March 1988, four days after she went missing. The Florida Supreme Court overturned the conviction in 1998 on the grounds of prosecutorial misconduct, but Marshall Gore was again sentenced to death at a 1999 retrial. He was already serving a death sentence passed in Columbia County, Florida in 1990 for the murder of Susan Roark, a student who went missing in Tennessee in January 1988 and whose body was found in Florida 2 months later. In a 2009 opinion, the Florida Supreme Court noted that the question of Marshall Gore's "mental status" had been a "recurrent theme" throughout proceedings in both cases.

On 13 May 2013, Governor Rick Scott signed Marshall Gore's death warrant in the Miami-Dade case. Marshall Gore's state court lawyer told the governor that his client might be "incompetent" to be executed, that he was "irrational" and "could not be reasoned with". The execution of a prisoner who lacks a rational understanding of the reason for and reality of their punishment violates the US Constitution. As required under Florida law, the governor appointed a commission of 3 psychiatrists to assess the prisoner's competence. During their evaluation, Marshall Gore told them that there was a conspiracy among Florida officials to harvest the organs of executed prisoners, and that a state senator was in line to obtain Marshall Gore's eyeballs for his son. The psychiatrists concluded that Marshall Gore was faking mental illness to avoid execution. The same 3 experts had recently found another inmate, John Ferguson, competent. He had a decades-long history of paranoid schizophrenia, and was executed on 5 August, displaying signs of delusional thinking to the end (http://www.amnesty.org/en/library/info/AMR51/057/2013/en).

The lawyer who was representing Marshall Gore in federal court raised a competence claim in US District Court. On 18 June, the judge noted that there was a "reasonable basis" for asserting that Marshall Gore might be incompetent for execution, given the various "delusional" statements he had made. The judge noted that Marshall Gore had indicated a belief that his execution was set for his 'death and organ/harvesting/to be a human sacrifice or both', that his then execution date of 24 June added up to 6-6-6 and that "because of his virgin innocence of murder, he is a target of Satan Worshippers who have threatened that date by mail for years'.

On 24 June, the District Court found that the case presented a "highly unusual set of circumstances" as Marshall Gore was being represented by 2 different lawyers in state and federal court. As the state lawyer had not filed a competence claim in state court, the federal judge ruled that he could not review it. Since then, the federal lawyer has taken over the state appeals. After a state court hearing in July, at which an expert for the defence asserted that Marshall Gore was incompetent for execution and two of the three governor-appointed psychiatrists stated the opposite, the judge ruled that Marshall Gore "has a rational understanding that he is being executed because he murdered Ms Novick and will die as a result of that execution". On 13 August the state Supreme Court upheld this.

Please write immediately in English or your own language:

Noting the serious crimes of which Marshall Gore was convicted and the suffering caused by violent crime;

Opposing his execution, and noting the questions about his mental competence for execution;

Urging the Governor to commute his death sentence.

PLEASE SEND APPEALS BEFORE 2 OCTOBER 2013 TO:

Governor Rick Scott, Office of the Governor, The Capitol, 400 S. Monroe St. Tallahassee, FL 32399-0001, USA

Email: [email protected]

Salutation: Dear Governor

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date.

--

URGENT ACTION

Additional Information

In 1986, in Ford v Wainwright, the US Supreme Court affirmed that the execution of the insane violated the US Constitution's Eighth Amendment ban on "cruel and unusual punishments". However, the Ford majority neither defined competence for execution (although Justice Powell's suggestion that the test should be whether the prisoner was aware of his or her impending execution and the reason for it was generally adopted by states), nor did a majority of the Court mandate specific procedures that must be followed by the individual states to determine whether an inmate was legally insane. The result was different standards in different states and minimal protection for seriously mentally ill inmates (see USA: The execution of mentally ill offenders, January 2006, http://www.amnesty.org/en/library/info/AMR51/003/2006/en).

In June 2007, in Panetti v. Quarterman, the Supreme Court moved to clarify the Ford ruling which it acknowledged had "not set forth a precise standard for competency" (see http://www.amnesty.org/en/library/info/AMR51/114/2007/en). The Panetti majority said that "A prisoner???s awareness of the State's rationale for an execution is not the same as a rational understanding of it". In 2012, in a Florida case, the US Court of Appeals for the 11th Circuit wrote: "The bottom line of the Panetti decision is that there is not yet a well-defined bottom line in this area of the law. Instead of attempting to answer more specifically the question of what is required for a rational understanding of death by execution and the reason for it, the Supreme Court preferred to leave 'a question of this complexity' to be addressed in a fuller manner and on a better record by the district court and the court of appeals in that [Texas death row] case. The decision not to decide more is, unfortunately, the last word from the Supreme Court on the 'question of this complexity'".

In the Panetti ruling, the Supreme Court had acknowledged that "a concept like rational understanding is difficult to define". In other words, there will always be errors and inconsistencies. There is only 1 solution - abolition. Pending that outcome in the legislature or by judicial order, the power of executive clemency should be used.

According to Marshall Gore's appeal to the Florida Supreme Court, the defence expert at the state competency hearing in July said that in his opinion, although Gore knew that he was going to be executed, he did not have a rational understanding of the reason for that punishment. The expert also pointed to a number of prison records in Marshall Gore's case over the past decade that indicated delusional or other distorted thinking, and that he had been prescribed antipsychotic medication in the past. He disagreed with the state experts that Marshall Gore was malingering.

Over a century ago, the US Supreme Court said that the USA's constitutional ban on "cruel and unusual punishments" had a "progressive" character and "may acquire wider meaning as public opinion becomes enlightened by humane justice". In recent decades country after country has abolished the death penalty, and today 140 countries are abolitionist in law or practice. In contrast, there have been 1,343 executions in the USA since the US Supreme Court approved new capital statutes in 1976. Florida accounts for 78 of these executions. There have been 23 executions this year, 4 of them in Florida.

4 US states have legislated to abolish the death penalty in the past 4 years - New Mexico (2009), Illinois (2011), Connecticut (2012) and Maryland (2013), and 18 US states are now abolitionist. The annual number of death sentences in the USA has declined since its peak in the 1990s. Florida remains one of the states bucking this trend. In 2012, there were 22 death sentences passed in Florida, more than in any year since 1998 and more than 25 % of all new death sentences nationally. Legislation recently enacted in Florida threatens to increase the pace of executions in the state (see http://www.amnesty.org/en/library/info/AMR51/038/2013/en).

Amnesty International opposes the death penalty in call cases and all countries, unconditionally.

*********************

Florida man found guilty of murder in teen's violent death


A Florida man was found guilty on Tuesday of 1st-degree murder in a 2011 case of a teen who was lured by text message to an ambush where he was shot, dismembered and incinerated.

Michael Bargo, now 21, faces the death penalty for killing 15-year-old Seath Tyler Jackson whose remains were shoveled into paint cans and discarded, according to an arrest affidavit.

The jurors will return to the courtroom at a later date to begin a 2nd phase of the trial to determine whether Bargo is sentenced to death as requested by prosecutors or to life in prison.

4 co-defendants, including 2 teenage girls, previously admitted their roles in the murder and are serving life prison sentences, according to court records. Their statements helped authorities piece together what happened.

According to an arrest affidavit, the 2 girls, then-18-year-old Charlie Kay Ely and 15-year-old Amber Wright, helped lure Jackson via text message to a home in Summerfield, northwest of Orlando.

Bargo, along with then-16-year-old Kyle Hooper and 20-year-old Justin Soto, beat and shot Jackson, put him in a bathtub and tried to break his kneecaps so he could be folded and stuffed in a sleeping bag, according to a report by Marion County Sheriff.

When they noticed Jackson was still alive, Bargo shot him again and they threw his body in the sleeping bag into a fire pit that had been lit before Jackson arrived, authorities said. His remains were put into paint cans.

2 days later, Hooper told his mother what happened and later told investigators the house was cleaned with bleach. Investigators found no clear motive other than that Bargo allegedly did not like Jackson.

After both sides rested in the trial, Bargo changed his mind and asked to testify on his own behalf.

Bargo's lawyer, Charles Holloman, argued to the jury that his client was guilty but not of the premeditated 1st-degree murder as charged.

(source: Reuters)






NORTH CAROLINA:

Death penalty sought in Durham woman's slaying


A Superior Court judge on Thursday approved prosecutors' request to seek the death penalty against a Fayetteville man accused of killing a Durham woman last month.

John Franklin Alexander, 34, of 4402 Ruby Road, is charged with first-degree murder, possession of a stolen vehicle and possession of stolen property in the death of Ella Davis.

Davis, 58, was found stabbed to death inside her home at Greens of Pine Glen apartments on Glen Hollow Lane on July 23.

Alexander was arrested in Harnett County after he crashed in Davis' car.

Durham County Assistant District Attorney Jim Dornfried said Alexander's criminal history warranted that prosecutors pursue a capital case against him.

Alexander pleaded guilty in 2001 to 2nd-degree murder and was sentenced to 13 to 16 years in prison for the June 21, 1998, stabbing death of 29-year-old Kerry Mortenson in Fayetteville. He served a little more than 10 years before he was released from prison in March 2012, and his parole ended in December.

Judge Michael Morgan ruled that prosecutors presented sufficient evidence to proceed in a capital case.

(source: WRAL News)

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