Feb. 23




TEXAS:

Fighting death, one step at a time


They believe they are winning.

In the state that has used the death penalty more than any other in the nation, three abolitionists walked from Dallas to Fort Worth to compel members of the faith community to be more vocal in calling for the death of the death penalty in Texas.

All the arguments against the death penalty - the exonerations, the flawed convictions - have slowly turned public opinion in their favor, according to Lynn Walters, Jeff Hood and Wes Magruder, the three making the 35-mile walk.

The marchers started their day in Dallas, where they delivered a letter to Dallas County District Attorney Craig Watkins. They then held a news conference before beginning their walk toward Cowtown.

They arrived in Fort Worth on Friday evening.

Walters, executive director of the Dallas-based advocacy group Hope for Peace and Justice, said that like many others she once supported the death penalty. Over the course of a decade she changed her mind, Walters said.

Walters said she senses a new willingness among death-penalty supporters to listen to other options. Some people, she said, do not realize that life in prison without the possibility for parole is a sentencing alternative being rapidly deployed in the state.

"There is no justification for the death penalty," Walters said. "As a Christian, I believe in redemption and resurrection. The death penalty does not allow for any of that. I think you have to give God a chance to do whatever work needs to be done with that person."

The walk coincides with an anti-death-penalty conference that will be held Saturday at University Christian Church in Fort Worth. Sponsored by the Texas Coalition to Abolish the Death Penalty, more than than 100 people are expected to attend, said Kristin Houle, TCADP executive director.

Wes Magruder, a Methodist minister, said the majority of United Methodist church members have historically supported the abolition of the death penalty but have been remarkably unenthusiastic about voicing their opposition.

"I think if all the Methodists spoke with one voice, the death-penalty policy would change in Texas," he said.

The other marcher, the Rev. Jeff Hood, a member of the TCADP board of directors, said faith leadership needs to be more active on this issue.

"We are trying to get the leaders of these churches to offer their opinion and push," Hood said. "If anyone can move the needle on this issue, it will be faith leaders. On some level, I think pastors are the last, great hope for moving this issue forward."

According to a 2013 Pew Research survey, 55 % of Americans said they favor the death penalty for persons convicted of murder, compared to 78 % in 1996.

Meanwhile, the percentage of those opposing the death penalty has risen from 18 % in 1996 to 37 % in 2013.

The trio entered downtown Fort Worth around 9:15 p.m. According to Hood, they were tired and their feet were blistered, but they were confident that they gained "a lot of traction, not just on our soles, but getting our message out."

(source: Fort Worth Star-Telegram)






PENNSYLVANIA:

Sentencing phase scheduled for convicted killer of pregnant woman


A man convicted of 1st-degree murder in the killings of a man and a pregnant woman will get a new chance at a sentence in 2015.

In December the Supreme Court of Pennsylvania vacated the death penalty against Harold Murray's, 36, formerly of Philadelphia, in the 2005 killings of Jennifer Pennington, Shawne Mims, and Pennington's unborn child.

First Assistant District Attorney Kevin Steele said he is ready for another penalty phase as soon as possible, but the date of the sentencing phase was delayed at the defense attorney's request.

"He wasn't the defense for the trial," Steele said on Friday.

Murray's attorney, Michael Wiseman, helped Murray with the appeal which was successful and will most likely be court appointed to represent Murray during the sentencing phase.

"We need time to adequately prepare this case," Wiseman said in court on Wednesday.

Murray's sentence was vacated because he was incorrectly given the death penalty for killing Pennington's unborn child, the Supreme Court ruled. In Pennsylvania a convicted killer cannot be sentenced to death for killing an unborn child, and Murray was later given life in prison on that charge.

He appealed his death sentence in the murder of Pennington, however, contending it was too closely attached to the sentence given for the death of unborn child. The Supreme Court of Pennsylvania agreed.

Murray was convicted of 3 counts of 1st degree murder in October 2009. The Supreme Court did not overturn the convictions, nor did it vacate the sentences of life in prison for the killing of the unborn child and the murder of Mims.

A jury will be picked and sentencing arguments will begin on Jan. 5, 2015.

According to the affidavit of probable cause, on Jan. 31, 2005, detectives from the Philadelphia Police Department???s Homicide Division responded to the 3600 block of Ford Road in Philadelphia where they found the lifeless body of Jennifer Pennington. Investigators discovered a receipt for a hotel in King of Prussia under the name Shawne Mims in her pocket. Investigators later found Mims dead in the hotel.

An autopsy later revealed that Pennington, who was 6-months pregnant at the time, was killed from 2 gunshot wounds to the face. Another autopsy was performed on Mims, who also died from 2 gunshot wounds. One hit him in the arm before entering his chest and resting in his right lung, and the other entered into his back.

The shootings resulted in a joint investigation between the Upper Merion Township Police Department, the Philadelphia Police Department and the Montgomery County Detective Bureau.

According to court documents, investigators discovered that Mims and a friend had planned to rob a drug dealer. Later on Jan. 30, 2005, Mims and 2 others picked up Pennington from Norristown. Pennington called a woman she knew to arrange a drug deal. During the ride to meet the drug dealer, Mims told Pennington they intended to rob the drug dealer. Pennington and another woman remained in the car when Mims and another male left to rob the drug dealer.

Mims and his friend took a gray sweatshirt, cash, cocaine and 3 cell phones from two men during the robbery. They then went to the Motel 6 in King of Prussia to use the drugs.

Investigators later learned Murray and another person went to Mims??? girlfriend???s home and asked where he was. Murray told her he was going to kill Mims because he robbed him of drugs and $3,000. The two men tied up the victim's children while they searched the home. She was told not to call police because they would be staking out her home and would know if she did.

Through a series of interviews and photo line-ups, investigators were able to identify Murray as the man who entered the house and threatened to kill Mims and Pennington.

(source: Times Herald)

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

Man ordered to stand trial in death of gun shop owner


An Indiana County man has been ordered to stand trial in the fatal shooting of a gun shop owner, a case in which the district attorney may pursue the death penalty.

Jack Edmundson Jr., 43, of Saltsburg, was ordered to stand trial after a preliminary hearing Friday where state police testified about a surveillance video that captured the shooting.

Police said the video clearly shows Mr. Edmundson grabbing a gun from a display case Dec. 31 and shooting Frank Petro, 62, at Frank's Gun & Taxidermy in Conemaugh, Indiana County.

Mr. Edmundson called 911 and claimed to have been defending himself from an attack, but state Trooper Robert Valyo said that account wasn't consistent with the video. Police believe Mr. Edmundson shot Petro after the suspect extorted more than $130,000 from Petro by pretending to be an undercover officer investigating Petro's winnings in an illegal lottery.

(source: Pittsburgh Post-Gazette)






FLORIDA:

Local investigator hopes withheld evidence will help death row inmate


Carty, a 1-time Mrs. Florida contestant, has spent the past 3 years trying to figure out what happened one Christmas Eve 39 years ago when 4 people were murdered inside a furniture store in Central Florida. Tommy Zeigler, now 68, was convicted of killing his wife, his in-laws and a citrus crew foreman.

Zeigler's case has always attracted skeptics: a former Orlando Sentinel newspaper editor; civil rights activist Bianca Jagger; a former chief deputy who worked on the original case and his brother. The case was the subject of a 1992 book called Fatal Flaw. None of their efforts resulted in a new trial for Zeigler.

Zeigler's New York attorneys hope that Carty's work is different. This past week, they appealed to the U.S. Supreme Court. The motion relies heavily on Carty's assertion that Orange County sheriff's detectives and prosecutors not only withheld evidence when they tried Zeigler back in 1976, but they also lied about key details.

Each year, the U.S. Supreme Court takes up fewer than 1 % of the 10,000 cases submitted. But Zeigler's attorneys hope the justices will pay attention to a recent movement to end prosecutors' failure to share evidence, known as Brady violations. The problem is considered widespread enough that a federal appeals court judge in Pasadena, Calif., urged his colleagues to act. "Only judges can put a stop to it," wrote Alex Kozinski, chief judge of the 9th U.S. Circuit Court of Appeals.

On this day, one of Carty's neighbors, former Pinellas County Sheriff Everett Rice, watched a recent interview of the lead detective on Zeigler's case.

When Rice, 69, who has no connection to the Zeigler case, was done listening, he clenched his hands together and frowned.

"If they execute Tommy Zeigler for this case," he said, "I'll have to be against the death penalty."

----

Christmas Eve 1975. Zeigler and his wife had been married for 8 years and lived next door to his parents in Winter Garden, a bedroom community of 6,000 northwest of Orlando.

The Zeiglers operated a furniture store, which Tommy's parents, Beulah and Tom, had opened in 1939. Tommy and his wife, Eunice, had no children but bred and exhibited Persian cats. They were churchgoers. They hobnobbed with the town's elite. Zeigler, then 30, was good friends with the Winter Garden police chief, Don Ficke.

That night, Eunice's parents, who were visiting for the holidays from Moultrie, Ga., were supposed to stop by the store to pick out a recliner for Eunice's father for Christmas. After that, the Fickes were supposed to pick up the Zeiglers at their home for a party at a judge's house.

But at 9:20 p.m., Zeigler called the party. He said he'd been shot.

When police got to the store, Zeigler opened the front door and collapsed with a bullet wound in his stomach. Eunice, Zeigler's 32-year-old wife, was on the kitchen floor with a shot to the back of the head. Her mother, Virginia, 52, had been shot in the front of the store. Eunice's father, retired minister Perry Edwards Sr., 72, had struggled with his attacker. He'd been beaten and shot multiple times. Nearby, citrus crew foreman Charlie Mays, 35, lay on his back, bludgeoned and shot. He had $400 and some furniture store receipts in his pocket.

Zeigler's own gunshot wound missed major organs. At the hospital, he told detectives he'd gone to the furniture store with his handyman to make some final deliveries. Once inside the dark store, he was attacked and lost his glasses. He shot at blurry figures with one of the guns he kept at the store. Someone shot him. He heard one of his attackers say: "Mays has been hit. Kill him."

Zeigler said he blacked out. When he came to, he crawled around looking for his glasses. He may have crawled over a body; he wasn't sure.

----

Soon after the murders, Zeigler's handyman and a fruit picker contacted police independently. The handyman, Edward Williams, said Zeigler had tried to shoot him as he entered the store. The fruit picker, Felton Thomas, said Zeigler had asked him to shoot guns with Mays, the dead citrus foreman, in a grove the evening of the murders, then later tried to get both men to come to the store. Only Mays had gone inside.

Donald Frye, the 29-year-old detective who got the case, had just gone for blood spatter training the year before. He noticed that some of the blood near Zeigler's father-in-law and the citrus foreman had dried at different times. He surmised that Zeigler killed his wife and in-laws first, then tried to lure Mays, Thomas and Williams there to kill and frame them for the murders.

Zeigler had shot himself to make it look like he'd been robbed, Frye decided. He was convinced Zeigler planned to collect on $520,000 in life insurance policies he'd taken out on his wife months before.

On Dec. 29, 1975, Frye came to Zeigler's hospital bed and charged him with murder. He was convicted in 1976. The jury recommended life in prison, but the judge sentenced him to the electric chair.

----

In 2011, Carty read an article about Zeigler in the Tampa Bay Times. The article mentioned efforts to seek more DNA testing of blood on Zeigler's shirt.

Prosecutors had argued at the trial that Zeigler's shirt was covered with his father-in-law's blood. In 2001, sections of the shirt were submitted for DNA testing, which had been unavailable at the time of the trial. No trace of the father-in-law's blood was found. Only Mays' blood was detected. Zeigler's attorneys asked to test the whole shirt; that request was denied.

Carty was outraged. Why would the prosecution thwart attempts to figure out the truth?

A private investigator of 13 years, Carty specializes in reuniting long-lost relatives. She approaches each case with an almost fanatical obsession. She quickly compiled a list of other facts that pointed to his innocence: a key witness' story didn't add up, Zeigler passed lie detector tests and was even interviewed under the influence of truth serum.

In 2012, she went to meet Zeigler in prison. She told him she wanted to be his private investigator. She would work for free.

----

One of the first incongruous details that Carty noticed was a name in the arrest report. It said a black man named Robert Foster had been hiding and sought protection from police because of what he'd seen at the Zeigler furniture store. Foster's name was featured in a handful of early news stories. Then, just like that, his name disappeared, and the same story was attributed to Felton Thomas, the fruit picker who claimed he'd gone with Mays and Zeigler to an orange grove to shoot guns.

Who was Robert Foster? Carty wondered.

Frye, the lead detective on the case, had told Zeigler's lawyers in a 1976 deposition it was a typographical error. Carty didn't believe it.

Later, while looking through the files, she found an interview with a woman named Mary Beach, who was handyman Ed Williams' landlady. She had mentioned a tall man, over 6 feet tall, with a big belly named Robert Foster who played softball with her husband and murder victim Charlie Mays.

Then, another break. In the spring of 2011, a woman named Susan Ambler-Graden called Carty and said a tall, black man with a gun attempted to rob her mother at the Gulf gas station she managed, diagonally across the street from the Zeigler furniture store, around 6 p.m. the night of the killings. Ambler-Graden, 10 at the time, had watched the whole thing. Her mother had reported the attempted robbery to police. But Carty could find no record of it in defense exhibits.

Ambler-Graden told Carty that their attacker looked exactly like Michael Clarke Duncan, an actor in the 1999 film, The Green Mile. Carty wondered if the robber was Robert Foster. With a picture of Duncan taped to her computer, Carty searched the Department of Corrections website for tall men named Robert Foster.

She found him quickly. He had been released from prison in North Carolina six months before the murders. He had a criminal history that included armed robbery. He was working as a fruit picker in Orange County at the time of the murders.

Carty sent Foster's mug shot to Beach, Williams' former landlady and a retired jail clerk. That was the Foster who played softball with Mays, Beach recalled. Ambler-Graden also identified him.

Carty had Zeigler's lawyers hire retired Pinellas County sheriff's Capt. Calvin Dennie Jr., 65, to track down Foster, who is now living in Tallahassee. Foster admitted nothing except that he had been in Orange County around the time of the murders and that he was a fruit picker.

"His answers were too short and quick," Dennie said. "Based on his body language and his expression, I thought he was lying myself."

----

In April 2012, Zeigler's lawyers drafted an appeal based on the new information. Orange County police had not only hidden the existence of Foster and the robbery at the gas station, the appeal said, but Frye had lied about it. They argued that criminal activity across the street involving someone who knew one of the murder victims raised doubts about the prosecution's version of events.

Circuit Judge Reginald Whitehead rejected the appeal. The Florida Supreme Court also refused to hear the case, stating the new evidence did not warrant a new trial, given the other evidence against Zeigler.

A growing number of high courts have rejected claims of prosecutorial misconduct as long as other evidence exists. Judge Kozinski, a dissenter in an appeal based on withheld evidence involving a man from Washington who was convicted of possessing ricin for use as a weapon, argues that standard "will almost never be met."

"The trend has led, in the words of the New York Times editorial board, to 'rampant prosecutorial misconduct,'" Zeigler's appeal to the U.S. Supreme Court noted, "and 'a serious moral hazard for prosecutors who are more interested in winning a conviction than serving justice.'"

"It ties into a national trend to begin to question why all these cheating claims are falling on deaf ears and what this means for the justice system," said Dennis Tracey III, one of Zeigler's New York attorneys who has worked on the case for free for almost 30 years.

Tracey said there is other evidence, including a report of another averted armed robbery across the street at a department store about 1/2 hour before Zeigler called police to report he'd been shot. Carty has also collected evidence that points to a different suspect altogether. That information is not part of the current motion before the U.S. Supreme Court, but the attorneys would hope to introduce it at a new trial.

----

2 weeks ago, Carty, 57, and a documentary producer headed to Clermont to interview Frye, the detective. Carty did not conduct the interview but she has a copy of it. Carty said Frye became angry once he knew Zeigler's supporters were involved in the interview. He could not be reached for this story. Jeff Ashton, the state attorney for Orange and Osceola counties, did not return phone calls. But in a 2003 interview, he was asked: "Will Zeigler ever get a new trial?"

"Not in a million years," he responded.

Frye is adamant they have the right killer behind bars. Now 68, the same age as Zeigler, Frye said the blood evidence was one of the most telling aspects of the crime. Zeigler's father-in-law's blood spilled first and dried. 15 to 30 minutes later, Mays blood splattered and dried. Sometime after that, a shoulder holster that belonged to Zeigler was dropped atop the dried blood.

"To make the crime scene look good, he went and fetched it and threw it down in the blood," Frye said. "It's a very significant factor. It really solidifies, if you will, our whole understanding of what happened that night."

It shows, Frye said, that Zeigler lured each victim, 1 by 1.

"We tried to make some connection between Felton Thomas, Ed Williams and Charlie Mays," he said. "They didn't know each other. And all the handguns used in this crime were traced back to Tommy Zeigler."

He reiterated that Robert Foster had nothing to do with the case. The attempted robbery across the street on the evening of the murders was not relevant.

"My understanding is there was a single black male who tried it and he didn't get anything," he said, "and the Winter Garden police did a report on it."

----

When Carty saw the video of Frye acknowledging a police report existed for the nearby gas station robbery, she screamed. To her, it was another report withheld from the defense.

The same day as Frye's interview, she travelled to Leesburg to interview Beach, 69, the handyman's landlord. Beach tied Foster to Mays, the citrus crew chief, and Williams, the handyman. She said Foster and Mays played on the same softball team. She was an umpire.

"Williams, Foster and Mays all knew each other, you know," she said.

"With your own eyes, you saw these people together?" Carty asked.

"With my own eyes," she responded.

She said she may have even seen Foster in Williams' truck the day of the murders.

Zeigler's attorneys have always argued that Mays was part of a robbery at the furniture store and not just a customer coming to pick up a TV, as prosecutors claim. To Carty, the connections between Mays and the other men suggest a possible conspiracy.

----

Back in Carty's living room, Rice, the former sheriff, acknowledged the complexity of the case.

"But you have a lead detective who admits that an armed robbery occurred across the street about the same time and there's a police report about it and the defense knew nothing about it, but he says it has nothing to do with the case?" Rice says. "That's a jury question. If that had been known at the time, the case might have had a different result."

With so many victims and so much blood, Rice said, the case cries out for a fresh DNA analysis. "With what we know today," Rice said, "there's a huge amount of reasonable doubt."

(source: Tampa Bay Times)






OHIO:

Ohio's death penalty brings murderers to justice: State Rep. Jim Buchy


The following guest column is by Ohio Rep. Jim Buchy, a Republican from Greenville. He writes in defense of Ohio's death penalty.

Joy Stewart was a 22-year-old newlywed and was eight months pregnant with her first child in 1989 when she was brutally raped and stabbed, killing both her and her unborn child. Had their lives been spared, that child would have blown out 25 birthday candles this year.

Last month, her killer was put to death. The complications surrounding the execution have brought the issue of Ohio's capital punishment policy center-stage.

Why is this story so important to me? At that time, I was the state representative of Preble County, where the murder occurred. I remember the surprise and outrage of the residents and families upon learning about the heinous murder, and I know I share the opinion of many throughout the area and all across Ohio that justice was served when the killer was put to death.

No one should be satisfied with a capital punishment policy that results in unnecessary pain or suffering. It is a real shame that the challenges experienced during the murderer's execution has taken attention away from Ms. Stewart, who suffered far more pain and suffering than did her assailant a full quarter-century later.

Consider: The murderer lived longer AFTER committing murder than his innocent victim lived her entire life.

If a new formula is needed to make the executions run more smoothly, then that is a discussion I am willing to have. In fact, I am currently exploring the issue further and looking into improving the way it is carried out in Ohio. But I strongly believe doing away with capital punishment in Ohio would be the wrong way to go.

People like me are frequently criticized for being unashamedly pro-life, while at the same time supporting capital punishment. I simply believe that life is a precious thing, and therefore taking the life of someone else should be met with equal retribution. If the murderer did not think his victims deserved to live, then how can he be so sure he was either?

Many of the same people who raise not even a whisper when an unborn child, the premier symbol of innocence, is killed in the womb do not hesitate to voice out against the state-sanctioned death of a convicted murderer.

Deterrence should not be the only measure that is considered when debating the merits of the death penalty. Bringing convicted murderers to justice at least provides some sense of closure to the victims??? families and loved ones.

(source: cleveland.com)

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

Burning at the stake might have been faster than Ohio execution


The recent bungled execution in Ohio again brings the practice of capital punishment to the forefront. The execution was an agonizing 25-minute ordeal, when an untried combination of lethal drugs failed to cause a quick death. USA Today quotes an assistant Ohio Attorney General as saying, "You're not entitled to a pain-free execution." As anyone who has euthanized a beloved pet can attest, the pet euthanasia process takes about 30 seconds, with no apparent pain. We are more humane to our pets than we are to fellow human beings. By any standard, deprivation of life is sufficient punishment; additional torture is unnecessary. In this case, the unbelievably barbaric, ancient practice of burning at the stake might have been faster.

The Eighth Amendment to the U.S. Constitution bars cruel and unusual punishment. By an amazingly convoluted interpretation of the constitution, the U.S. Supreme Court inexplicably has managed to avoid defining capital punishment as cruel punishment. Because it is commonly practiced, capital punishment is not unusual in the U.S., but it is undeniably cruel.

What could be more cruel than depriving a person of life?

As a protest to executions, a U.S. company stopped manufacturing a commonly-used execution drug.

European countries, the alternate source of execution drugs, now refuse to sell the drugs for executions. Europe, with the exception of Belarus, has banned capital punishment and actively promotes a ban elsewhere.

The 32 states that still practice capital punishment are, of necessity, resorting to untried combinations of drugs.

According to a Gallup Poll, the 60 % of the population that supports capital punishment is at the lowest point in 40 years. Approval reached a high point of 80 % in 1994.

Capital punishment is supported by 81 % of Republicans, 47 % of Democrats and 60 % of independents. People may reach their own conclusions about the philosophical differences that cause this divide. The long-term trend is against capital punishment, but it usually takes considerable time for public policy to match public opinion.

Death penalty supporters state emphatically that no innocent person has been executed. The probable reason is a murder investigation typically ends after the execution. Were it not for the advent of DNA testing, most of the 18 exonerated former prisoners on death row eventually would have been executed, according to the Innocence Project. Hence, the logical conclusion is some of the prisoners executed before the advent of DNA testing were innocent. Forensic methodology is much improved and we still have people wrongly convicted. The error rate was undoubtedly higher in earlier times.

It is understandably difficult to generate enthusiastic support for the rights of murderers, but consider the facts. According to the Innocence Project, after conviction, 312 prisoners have been exonerated by DNA tests. This included 18 prisoners on death row. Most people are convinced they never will be falsely convicted of murder and sit on death row. If they could imagine themselves in that horrendous situation, they never again would favor capital punishment.

(source: Opinion, Darrell Shahan is a Zanesville resident; Zanesville Times Recorder)


MICHIGAN:

This week in Michigan history: Death penalty abolished


In June 1881, death penalty opponent Sojourner Truth told the Legislature: 'It shocked me worse than slavery.'

Michigan abolished the death penalty on March 1, 1847, making it the first U.S. state and possibly the first in a democratic country in the world to do so.

That was the day Michigan's Revised Code of 1846 took effect, according to David Chardavoyne's chapter in the book "The History of Michigan Law." The anti-capital punishment campaign was waged over the years by people including state Sen. Flavius Littlejohn of Allegan County and state Rep. Austin Blair of Jackson County, who would later become governor.

In 1881, a movement to reinstate the death penalty grew. That June, abolitionist Sojourner Truth, who lived in Battle Creek, spoke to the Legislature: "It shocked me worse than slavery. I've heard that you are going to have hanging again in this state ... Where is the man or woman who can sanction such a thing as that? We are the makers of murderers if we do it."

The last time a person in Michigan was punished by death under state law was on Sept. 24, 1830, when Michigan was still a territory.

Stephen Simmons, a 50-year-old tavern keeper and farmer, killed his wife in a drunken, jealous rage, according to the book, "A Hanging in Detroit."

Simmons' speech before the crowd gathered in downtown Detroit about the dangers of drinking and rendition of the hymn "Show Pity, Lord, O Lord, Forgive" moved people to oppose the death penalty.

Wayne County Sheriff Thomas Knapp had refused to handle the hanging himself due to ethical concerns.

There were still federal executions in Michigan, though.

The last person executed was Anthony Chebatoris, who was hanged July 8, 1938, at the federal prison in Milan after he was convicted of killing a bystander during a bank robbery in Midland.

(source: Detroit Free Press)



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