May 23



TEXAS:

Letters From Death Row: Willie Tyrone Trottie, Texas Inmate 999085


We periodically run letters from death row inmates. Today we bring you a letter from Willie Tyrone Trottie, who is scheduled to be executed by the state of Texas on September 10 of this year.

Trottie was convicted of the 1993 shooting murders of his common law wife (from whom he was separated) Barbara Canada, and Titus Canada, Barbara's brother. He was 24 years old at the time. He has been on death row in Texas for the past 20 years. Trottie's letter to us was not in a scannable format, so we have transcribed the relevant parts below.

May 11, 2014

Dear Mr. Nolan,

Greetings to you sir. I hope and pray that when you've received this letter from me and had the chance to review it, that all is well with yourself and family/ friends. As you can see from my address above, I'm a Condemned Texas Prisoner, which has just been set an "murder-cution" date for Sept. 10, 2014. Two days after my 45th birthday. As of the first week of this month, I made my 21st year of being incarcerated, and if the state has its way, I'll miss that 21st year by three months. of being on death row.

Being that I was recently set an murder-cution date, and moved to 'death watch', where those of us whom have active dates pending are housed, I was given your information. I'd never heard of you, or this particular organization, 'Gawker Media' before. My fellowman whom was recently murder-cuted about two months ago, Ray Jasper, did reach out to to you. I'd read his manifesto, and has known him for his duration here on the row. We agreed on many topics, but there's always some form of different views we'd have. Although, our lives were slightly different in growing up, but, it seems in the end we'll be more alike, having been murdered by the State of Texas.

So, from having that particular information shared with me, this is how I've came to contact you. I've read the questions presented. I'm not sure, if you'll have the same for me? But, what I've done, is answered those same questions as best I could and has enclosed them herein this letter. If you'd like more, or different questions, please present them to me, and I'll try to answer them best I can. I'll repeat your/ those questions my former fellowman was given and provide my own answers and insight to them.

Questions Presented

1. What do you think the chances are of your execution occurring as scheduled? Answer: Having been a 20th year resident here on Texas' death row, its more then likely to proceed forward. Why? Because of the systematic way/ design from the outset. The court-appointed attorneys assigned to cases (capital cases) assures that there's an intended ending. However, in some, very few cases are spared from this pre-determinative outcome. But, my faith in God is still strong. Whatever HIS WILL, I'll be content with that. I just want MY SIDE/ STORY TOLD!

2. Can you describe daily life on death row? Answer: Well, as a former friend whom miraculously escaped the jaws of this beast said infamously in his many speeches before Congress! A LIVING HELL! i.e., quoted from an dear friend "Anthony Graves", whom was blessed to leave this place alive. Nevertheless, being the optimist I am, I'd say the glass is 'half full' and another would say its half empty. (: But, I make [due] with what God provides for me daily here. And that's in the form of many wonderful friends whom has come into my life over these years and has helped me to endure this daily madness of solitary. This question could not be answered in one or a couple of sentences. It fluctuates from day to day.

3. Can you talk a bit about your own past and upbringing? Answer: Well, this is a broadly question. I mean, I'd go on for pages here, with my answer. (: But, without the question being specific, I'm not so sure where, or what to begin with? My upbringing? Being reared by an abusive and alcoholic mother! ): And to think of this, on Mother's Day, I still have both fond and frightening memories of her. She passed away in 2007, Sept. 22nd. Having been ABANDONED by her with three other siblings, only to be thrown into foster care and shuffled around from one home to another as I was a run-a-way from them seeking out this beloved mom, finding her at cafes/ bars where we'd mostly stayed at outside in the car awaiting her return. I was only about 6 to 7 years old. I'd eventually be rescued by my Dad, and his mother and taken to their hometown, Alex. La., and reared there, off and on, between La. and Texas. along with my siblings, whom were also taken from the foster homes.. But, the emotional/ psychological damages had been done. ): I'd vowed, as a little kid then, to never allow my children to ever endure this abuse as I'd endured, from foster-care strangers and someone whom supposed to love them. But, unfortunately, that cycle was repeated where I'd still abandoned him. ):

My Past? Well, from since becoming a teenager where I'd work, I've held jobs since my day of incarceration. Was working three at the time of this unfortunate and unplanned circumstances that landed me on d/ row.

4. Has your time in jail changed your political or religious beliefs? Answer: Political views? No. Religious views? No! Only, in that its made it STRONGER! I can actually fully understand things now, that was being preached to me, or had been preached to me as a child growing up. There's no hussle and bustling of work, providing for family to distract me. God's revealed to me, and I've come to understand that all we, as humans does daily in our lives is all vanity! Theres much more to life, then what we sees and does daily. Oh, how so true is the words??? Putting God First, in Everything you do in life, and you'll be richly blessed. I had it backwards, doing things first, and putting God last. Foolishly thinking that all I'd worked hard for, I'd gained on my own doing/ strength. Whether that was the various jobs I held, the family I had, the places I'd lived in from the cars I owned. All vanity! ):

5. Do you have any thoughts on how the media and the public view the death penalty? Answer: Well, from my view-point, and seeing the differences how those public views shifts from time to time, or year to year, because of such high profile cases, or mass murders that's committed, the public's views changes with each sensationalized case. And with the misinformation that's shown/ told to them. But, for many its just IGNORANCE of the laws, on how they're applied, and to whom they're applied. I was just this same citizen as well. Ignorant to the laws, and even supported the death penalty! Because, the cases that's used to promote such laws are those that's heart-tugging, such as those which are baby killer/ rapist, law enforcement, children under certain ages, etc.. Again, this can go on for pages as well.

6. What else would you like to say to the public about your life, your situation, and what you think it means for your country? Answer: About my life? That those whom partakes in jury services, try and get all the accurate information, and know that, even in their own families, when a person has went the wrong way, they can be corrected. Forgive, as you'd want to be forgiven. [...]

People asks, Tyrone, my middle name, some calls me Willie, are YOU the SAME PERSON YOU WERE TWENTY-ONE YEARS AGO?! I says, YES AND NO!! Yes, in that whom I was then, I am so still now, having been raised with a spiritual background, having love and compassion for others and doing the RIGHT THING! Those virtues are still present within me. No.. in that as a youth, I was arrogant, as most are, foolishly thinking that all I had, I had gotten on my own strength, knowledge. In time, I've grown to be more patient, and knowing that God's in CONTROL of our lives, NOT ourselves, as we so foolishly thinks.

So whether I die by man's plans, thats still all according to God's will, I'm resolved. I'm thankful for the many life's challenges and growth I've had since being here still. A part of me died that night as well, 21 yrs ago, when I lost my beloved wife. Literally I dies twice, but was revived, and God wasn't ready for me to go then, and if He's ready now? I'm so content, His will be done! But, I want my family/ friends to KNOW THE TRUTH! Thank you, Gawker, Mr. Nolan for this opportunity, in sharing a side of me. My family/ friends all knows this side of me, but for those whom may very well see my name/ face as another Texas statistic, I want more to be added as well. Thanks. [...]

Sincerely,

Willy TYRONE Trottie #999805

(source: gawker.com)






NEW HAMPSHIRE:

Death penalty repeal fails in N.H. Senate


After little debate, the New Hampshire Senate yesterday squelched a 2nd attempt this session by opponents of the death penalty to repeal the state's capital punishment statute.

A bill stalled in the Senate on a 12-12 vote last month. The House then passed a 2nd bill repealing capital punishment, but the Senate voted it down yesterday on a voice vote.

The Senate action leaves the death penalty statute unchanged.

Before the vote, Sen. David Pierce, a Hanover Democrat, urged his colleagues to repeal the death penalty.

"There is no evidence the death penalty keeps us safe," he said.

Pierce argued that people make mistakes and that means innocent people are executed as a result.

But Senate Republican Leader Jeb Bradley of Wolfeboro said the Senate had thoroughly debated the issue and deadlocked. He urged the chamber to put the issue to rest for the session.

Death penalty opponents vowed to fight for repeal in a future session.

"The strong showing we had this year demonstrates that the issue of death penalty repeal is not going away. It's not a matter of whether it will happen, but when," said Barbara Keshen, board chair of the New Hampshire Coalition to Abolish the Death Penalty.

The House voted twice by 2-1 margins to repeal the death penalty. Gov. Maggie Hassan said she would sign the bill as long as it did not affect the death sentence of the only person on New Hampshire's death row - Michael Addison. Addison was convicted in 2008 of killing a Manchester police officer.

Repeal supporters hoped the Senate would reconsider because its 1st vote was taken before the death of Oklahoma inmate Clayton Lockett. The condemned man's vein collapsed after lethal injection, prompting prison officials to halt the execution. He died of a heart attack more than 40 minutes after the injection.

The latest repeal effort got further along in the legislative process than any measure since 2000, when both chambers passed it, but then-Gov. Jeanne Shaheen vetoed the bill. The state's last execution was in 1939, when Howard Long was hanged for molesting and fatally beating a 10-year-old boy.

(source: Associated Press)






CONNECTICUT----new death sentence

New Death Sentence Returned For Man Who Killed 3 In Bridgeport In 2006


For the 2nd time, triple murderer Richard Roszkowski was sentenced on Thursday to die 2 years after Connecticut abolished the death penalty. Tony Terzi has more.

In April of 2012, Governor Dan Malloy signed a law eliminating the state???s death penalty, but Thursday, in Bridgeport Superior Court, Richard Roszkowski was sentenced to death. The sentence stems from the 2007 triple murders Roszkowski was convicted of in Bridgeport.

In 2009, Roszkowski was sentenced to death in the murders of Thomas Gaudet, 38, Holly Flannery, 38, and Flannery's 9 year old daughter, Kylie. But, a judge overturned the death sentence, citing an error in jury instructions. So, a new penalty phase began this past January. But, in March, the new jury came to the same conclusion: He should be sentenced to death.

The defense Thursday asked for an acquittal, saying it was unreasonable for the jury to reject the statutory bar, which provides that a defendant cannot be sentenced to death if at the time of the offense the defendant's mental capacity was significantly impaired.

"The court finds no merit to the defense claim that it was unreasonable for the jury to do so because, as the court pacifically instructed this jury, the credibility of all the witnesses and the truth of facts is for the jury not for the court to determine," said Judge John Blawie.

Among those making victims impact statements was Kylie Flannery's paternal grandparents.

"7 years, 7 months and 14 days ago my son lost his family, his wife and his daughter, murdered," said Florence Tipke, Kylie's Grandmother.

Kylie's grandfather spoke of the fear his granddaughter must have felt. Then invoked fear in addressing the defendant.

"For Mr. Roszkowski, I want that same fear to stay with him as he said it's in his little room waiting to die but also knowing his will be with him for an eternity in hell," said Erich Tipke.

Before formal sentencing, Roszkowski read a statement to the victims' families.

"I am truly deeply remorseful for what happened that I am truly deeply remorseful for the pain I've caused to you and to all the family members," said Roszkowski.

Judge Bawie approved the jury's recommendation handed down in march. He sentenced Roszkowski to die, by lethal injection, on October 1. But, this ruling is subject to the review of the Connecticut Supreme Court.

(soure: foxct.com)

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

Connecticut Inmate Sentenced to Death


A Connecticut man was sentenced to death for gunning down 2 adults and a 9-year-old girl on a Bridgeport street in 2006.

A state judge in Bridgeport ruled Thursday that former Trumbull resident Richard Roszkowski, 49, should die by lethal injection. A jury in March recommended death instead of life in prison.

Roszkowski was convicted in 2009 of killing his 39-year-old ex-girlfriend, Holly Flannery, her nine-year-old daughter, Kylie, and 38-year-old Thomas Gaudet. Police said Roszkowski falsely believed Flannery and Gaudet were romantically involved.

Defense lawyers argued Roszkowski shouldn't be executed because he has paranoid delusion disorder, while the prosecution denied Roszkowski is mentally ill.

It could be the last state death sentencing, because Connecticut officials repealed the death penalty for all future murders in 2012. One other convicted murderer, Eduardo Santiago, also could face the death penalty if he loses an appeal pending before the state Supreme Court.

There will be an automatic repeal of Roszkowski's death sentence, under state law.

(soruce: Associated Press)






NORTH CAROLINA:

Wake jury recommends life in prison for Devega in convenience store murder


A Wake County jury on Friday recommended that a Raleigh man be sentenced to life in prison for the shooting death of a convenience store manager during a robbery 6 years ago.

Armond Devega, 32, was found guilty Monday on numerous charges stemming from a series of crimes in 2008, including 1st-degree murder for the April 10, 2008, shooting death of Stephanie Powell Anderson.

Anderson, 39, was ambushed by Devega as she arrived to work at the Wilco-Hess on Trawick Road and, after begging for her life, was shot when she couldn't open the store's time-locked safe.

Defense attorneys say Devega - who has denied any role in the crimes - has a deficit in the frontal lobe of his brain, which affects his ability to make good decisions, maintain self-control and appreciate the consequences of his actions.

He knew what he did was wrong, they have said, but could not control his actions.

During closing arguments of the trial's sentencing phase, however, Assistant District Attorney Matt Lively described Devega as a cold and callous person who had no regard for Anderson's life when he shot her as she begged and pleaded with him.

As she lay on the floor bleeding to death, Lively said, he grabbed her keys and tried to open the safe. When he couldn't get in, he calmly walked from the store.

2 hours later, he was at work.

Had the jury - 8 men and 4 women - recommended the death penalty, Devega would have been the 155th person on North Carolina's death row.

The last person sentenced to death was Jonathan Douglas Richardson, who was found guilty in March of torturing and killing a 4-year-old girl in Johnston County. The last inmate to be executed in North Carolina was Samuel Flippen - convicted in 1995 of murdering his 2-year-old stepdaughter - in 2006.

For the past 5 years, there's been a de facto moratorium on the death penalty because of legal challenges. It's the longest gap between executions since they were banned between 1962 and 1983.

(source: WRAL news)

***********

Kirby: Additional blows may determine death penalty


Nicholas Michael Holbert, according to arrest warrants, knocked Kelli Marie Bordeaux, 23, unconscious on April 14, 2012, in the parking area of a Ramsey Street nightspot.

Then, according to warrants, he later beat the Army medic again and again before burying her in a shallow grave off River Road. Those additional blows likely will be the deciding factor in the district attorney seeking the death penalty against the 27-year-old Holbert.

"Now, the real question is why detectives failed to talk to Nick the entire time," says Dr. Maurice Godwin, a criminal investigative consultant, who wants answers from the Fayetteville Police Department about Holbert, who all along was a "person of interest" in the Bordeaux murder.

(source: Fayetteville Observer)






GEORGIA:

Execution-Drug Secrecy in Georgia Upheld


A law that lets Georgia keep the source of execution drugs confidential is constitutional and protects significant personal interests, the state's high court ruled.

The 5-2 decision Monday reverses a stay of execution granted to convicted murderer Warren Lee Hill.

Hill failed to show how the state's refusal to disclose the source of a drug to be used in his execution violated the constitutional ban against cruel and unusual punishment, the majority found. While the confidentiality statute keeps some aspects of Georgia's execution method from the public, "on balance, [it] plays a positive role in the functioning of the capital punishment process," the 33-page opinion states.

The dissent notes that confidentiality may undermine the public's faith in the integrity of the justice system, and may lead to botched executions, as happened last month with the execution of Clayton Lockett in Oklahoma.

Hill, 44, is on death row in Jackson for killing a fellow inmate at Lee County Correctional Institute in 1990 with a nail-studded wooden sink leg.

Hill had been serving a life sentence at Lee County for the 1985 murder of his 18-year-old girlfriend, whom he shot 11 times. After Hill's multiple state and federal habeas petitions failed, the sentencing court scheduled his execution for the period of July 13-20, 2013. Georgia used a compounding pharmacy to get pentobarbital for Hill's planned execution, and declined to identify the source, citing a 2013 "execution-participant confidentiality statute." The law allows the state to keep secret the identities of people and entities involved in the execution process, including those who supply execution drugs.

Hill challenged the constitutionality of the statute, asking the Superior Court of Fulton County to stay his execution and order sealed discovery of the compounding pharmacy and its supply chain. He claimed that he needed to know the drug's source to allege cruel and unusual punishment under Georgia and federal law.

The court stayed Hill's execution, finding there was a substantial likelihood he would succeed on some of his constitutional challenges.

A majority of the Georgia Supreme Court found Monday, however, that the confidentiality statute is not unconstitutional, and that the stay of Hill's execution amounts to an abuse of discretion.

If dismissed as moot, the case could become "a classic example of a matter that is capable of repetition yet evading review," Justice P. Harris Hines wrote for the majority.

The challenged drug has since expired, but Georgia can get a new drug and refuse disclosure, leading the lower court to block its use on the same grounds, and the drug would expire once more before the Supreme Court could rule on appeal, according to the ruling.

The lower court also had valid, albeit limited jurisdiction over Hill's constitutional claims, the justices concluded. The type of drugs used during executions and how information about them is managed do not concern the validity of Hill's death sentence, which could be challenged only in the sentencing court. Instead, they merely concern how the death sentence is carried out, making superior court the proper venue for Hill's claims against state officers charged with carrying out the sentence, the court found.

Superior courts have the authority to enjoin state officers under their jurisdiction from using or directing the use of specific drugs in carrying out a death sentence, according to the ruling. They can also order state officers to disclose related information within their control, but they cannot stay execution orders by the sentencing courts, the majority concluded.

It is also not necessary in Hill's case for Georgia to provide forms of discovery that the confidentiality law does not forbid, such as giving Hill a sample of the drug to be used in his execution, the court found. This is because Hill failed to show how detailed information about the drug's manufacturers could support his Eighth Amendment claim, according to the ruling.

Georgia willingly disclosed that Hill's execution drug came from a compounding pharmacy, a type of pharmacy that compounds medication according to individual prescriptions, the ruling notes. It had also ordered independent laboratory testing of the efficacy of the drug, and provided a redacted copy of the report to Hill.

Hill's expert failed to persuade the court that drugs produced by some compounding pharmacies - under state, rather than federal, oversight - are contaminated or lack potency and could lead to painful or fatal side effects. Most complications that the expert cited are unlikely to occur with the use of pentobarbital, a drug commonly produced in compounding pharmacies, which fill millions of prescriptions per year in the United States, the opinion states.

Even if there is some risk that a lack of sterility could lead to allergic reactions or negative effects, those claims are irrelevant in an execution inducing nearly instantaneous unconsciousness and the onset of death before consciousness is regained, according to the ruling.

Since Hill had failed to show a "substantial risk of serious harm" in support of his Eighth Amendment claim, his speculation regarding a possible threat of harm was insufficient to support a stay of execution, the court concluded.

Hill's due-process and lack-of-access to the courts claims also fail because he could not show that obtaining the requested information would support his speculative and unfounded claims, the majority opinion states.

As for Hill's First Amendment claim, although tradition upholds some public access to execution proceedings, it also favors protecting the identities of those involved in the process, who might not be willing to participate otherwise, the justices said.

"Although the identity of the executioner who actually inflicts death upon the prisoner is the most obvious party in need of such protection, we believe that the same logic applies to the persons and entities involved in making the preparations for the actual execution, including those involved in procuring the execution drugs," Hines wrote.

Access to information regarding the compounded lethal injection drugs may offer the public some assurance that Georgia's method of execution is humane, but the majority concluded that "the execution process is likely made more timely and orderly by the execution-participant confidentiality statute, and, furthermore, that significant personal interests are also protected by it."

The dissent by Justice Robert Benham says that the risk of harassment or public ridicule to drug providers, and the state's difficulty in obtaining execution drugs, are "insufficient reasons to forgo constitutional processes in favor of secrecy, especially when the state is carrying out the ultimate punishment."

Clayton Lockett's botched execution in Oklahoma, one of the states that refuse to disclose the source of execution drugs, exemplifies this need, Benham wrote. During his execution, Lockett twitched and mumbled, even after being declared unconscious, and died 43 minutes after the first drug had been injected, according to court records. Autopsy results are pending, but Oklahoma prison officials said Lockett's vein collapsed and some of the lethal drugs may have been absorbed into his tissue or leaked out.

"I write because I fear this state is on a path that, at the very least, denies Hill and other death row inmates their rights to due process, and, at the very worst, leads to the macabre results that occurred in Oklahoma," Benham wrote.

"There must be certainty in the administration of the death penalty. At this time, there is a dearth of certainty namely because of the scarcity of lethal injection drugs. Georgia's confidential inmate state secret statute does nothing to achieve a high level of certainty. Rather, the law has the effect of creating the very secret star chamber-like proceedings in which this state has promised its citizens it would not engage."

Hill may be able to make more specific claims of cruel and unusual punishment with access to information from Georgia, according to the dissent, which Juctice Carol Hunstein joined.

Benham and Hunstein said Hill deserves information about the pharmacy that produces his execution drug and its supply chain, under appropriate safeguards to minimize the risk of harm to those who are simply doing their jobs.

Brian Kammer, an attorney for Hill, did not return a request by Courthouse News for comment. He told the Associated Press that the ruling "effectively affords the state of Georgia carte blanche to alter their lethal injection protocol in any way it sees fit, and to conceal from the public and even the courts the identity and provenance of the chemicals it intends to use to carry out executions."

A Georgia spokeswoman said state officials were pleased with the court's decision, but declined to comment further on the pending case.

(source: Courthouse News Service)






OHIO:

'He took it upon himself to be the executioner'


David "Frost" Bell's attorneys insisted he only wanted to steal a television set in 2011. Prosecutors suggested he tried to take much more ??? two lives.

Bell, 25, is literally on trial for his life. The same Hamilton County jury that convicted him of murder, robbery, burglary and other charges now must decide if he should be sentenced to death or spend his life in prison.

Bell teamed with his girlfriend Annisha Smith, who set up fake dates with two men to help Bell try to rob them. During one in 2011, he stole a gun from a Butler County man that he used during another to kill Charles Martin and shoot at Trenton Calloway as they slept in an East Price Hill home.

Bell's attorneys asked jurors to save the killer's life Thursday, noting he had a terrible childhood as the youngest of four children living with a divorced mom in a rough neighborhood.

"We're not saying he shouldn't be punished at all. We don't think he should be executed," Will Welsh, one of Bell's attorneys, told jurors Thursday.

Bell gave an unsworn statement Wednesday to jurors, so he couldn't be questioned by prosecutors, saying he regretted the pain he caused Martin's family. Bell's mother tearfully begged for her son's life.

Those acts, prosecutors said, were about show rather than justice.

"It was his final attempt at manipulation," Assistant Prosecutor Seth Tieger told jurors.

Jurors, Tieger added, agreed to follow the law. In Ohio capital cases, the law notes if jurors believe that Bell's crimes and the way he committed them outweigh factors in Bell's favor - his rough childhood, exposure to crime, a broken home - jurors "shall" recommend death.

Have no sympathy for Bell's past, prosecutors urged jurors, because many come from similar circumstances but few shoot a man to death in his sleep and attempt to do it to another sleeping man.

"All of this was unnecessary," Assistant Prosecutor Gus Leon told jurors. "He took it upon himself to be the executioner."

Bell sent Smith, while she was inside the East Price Hill home, text messages telling her he was going to kill two of the men in the house. "Don't trip. They gonna die," one text read.

A death penalty can only be recommended if jurors are unanimous. If even one doesn't believe death is the appropriate sentence, Bell's maximum penalty then becomes life in prison.

Jurors, sequestered until they reach a decision, return Friday to resume deliberations.

(source: cincinnati.com)

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

Ohio death penalty committee releases final report; A committee that spent over 2 years studying Ohio's capital punishment law has released its final report with recommendations


A committee that spent over 2 years studying Ohio's capital punishment law has released its final report with recommendations aimed at reducing the influence of race and geography on death penalty cases.

Proposals by the Ohio Supreme Court task force include a statewide capital punishment charging panel and a racial justice law allowing for complaints over race's role in a case.

The 56 recommendations released Wednesday also include a ban on the execution of people with a serious mental illness.

The committee says the recommendations, presented to Supreme Court Justice Maureen O'Connor and the Ohio State Bar Association, promote fairness in death penalty cases for defendants and the state.

In a dissenting report, Franklin County Prosecutor Ron O'Brien, Hamilton County Prosecutor Joseph Deters, and Stephen Schumaker of Attorney General Mike DeWine's office, said the majority recommendations would "tie the death penalty system up in knopts."

The State of Ohio has executed 53 people since the death penalty was resumed in 1999.

2 prosecutors and a staffer for the attorney general issued a dissenting report saying many recommendations had an anti-death penalty bent.

(source: WKYC news)

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