Nov. 18
PENNSYLVANIA:
Northampton County judge delays death sentence of Michael Ballard
A Northampton County judge on Tuesday delayed the execution of 5-time killer
Michael Ballard so the death row inmate could try to enter lawsuits challenging
Pennsylvania's lethal injection methods.
Over and over, Northampton County Judge Emil Giordano asked Ballard if he was
certain he wanted to forgo his rights to appeal his death sentence. Did he
receive effective legal counsel? Did he receive a fair trial? Did he his
punishment fit his crimes?
Over and over, the death row inmate said yes.
"You do understand that death is death -- meaning that death is final?"
Giordano asked.
"Yes," said Ballard, handcuffed to a wheelchair and guarded by Northampton
County sheriff's deputies.
At the end of the 45-minute hearing, Giordano ruled Ballard is competent to
make the decision and was knowingly, intelligently and voluntarily giving up
his rights to dispute his death sentences.
But Ballard's recent efforts to enter state and federal lawsuits against the
drugs used to put inmates to death meant his Dec. 2 execution date could not be
carried out, Giordano ruled. District Attorney John Morganelli did not
challenge the stay, saying if Giordano didn't grant the delay, another judge at
a more distant court would.
For months, Ballard has said he will not appeal his sentence, which had put him
on the fast track for death in a state that has not executed a prisoner in 15
years. When federal attorneys attempted to enter a defense on his behalf to the
U.S. Supreme Court, Ballard wrote the high court, saying they were not acting
on his behalf.
A cautious Giordano ordered Ballard in August to undergo a mental evaluation to
make sure he was competent to waive his appeal rights. Psychologist Frank
Dattilio testified Tuesday that Ballard was competent. His findings and
Ballard's denials ended the efforts of Jonathan Lee Riches, a Pennsylvania
inmate and Internet celebrity, who lobbed baseless accusations that Ballard was
mentally unfit to make the decision and that he had been mistreated by his
attorneys and prison officials.
Giordano was required to go through each of Riches' claims, including that one
of Ballard's attorneys was biased because of a sexual relationship with a
relative of one of Ballard's victims, that prison officials didn't provide him
adequate nourishment and that Ballard was mentally ill. Ballard became visibly
annoyed as Giordano addressed Riches' briefings.
"He needs psychological help," Ballard said. When Giordano continued to sort
through the accusations, Ballard interrupted and asked the judge to move on. "I
don't want to give him the platform he's seeking."
After the hearing, defense attorney Michael Corriere said Ballard was pleased
with the outcome. He has maintained to attorneys that he does not want to fight
his execution, and Giordano's rulings put everything in place.
"It's his choice to make, and obviously he's competent," Corriere said.
Morganelli said he was satisfied with the outcome as well. Despite Ballard's
instance that he won't, the death row inmate has until June 23, 2015, to change
his mind about his appeal process. There was little chance Ballard's execution
would occur before that date, Morganelli said.
Death row cases in Pennsylvania have been delayed for years because federal
judges who oppose the death penalty keep overturning their executions,
Morganelli said. Ballard's insistence on barring federal defense attorneys from
interfering on his case, his overwhelming guilt and the lack of extenuating
circumstances remove many of the roadblocks these cases normally face,
Morganelli said.
"I do believe Michael Ballard will face the death penalty carried out," he
said.
Ballard pleaded guilty to the 2010 murders of his ex-girlfriend Denise Merhi,
her father Dennis Marsh, her grandfather Alvin Marsh and her neighbor Steven
Zernhelt. A Northampton County jury sentenced him to death for each of the
murders. He previously pleaded guilty to killing Donald Richard in 1991.
(source: Express-Times)
*******************
Jury now deciding if Hicks should get death penalty
Closing arguments have concluded in the sentencing of Charles Ray Hicks,
convicted Friday in Monroe County Court of murdering and dismembering a
Scranton woman in 2008.
The jury is now deliberating whether Mr. Hicks should get life in prison, or
the death penalty.
Mr. Hicks, 40, of Coolbaugh Twp., was found guilty of killing 36-year-old
Deanna Null, then cutting up her body and dumping it, wrapped in garbage bags,
along interstate highways in Monroe and Lackawanna counties.
All death penalties are automatically reviewed by the Supreme Court of
Pennsylvania, which can cancel the sentence.
Today, on the 2nd and final day of sentencing, the jury heard from several
witnesses for the defense who said Mr. Hicks has been a role model for other
prisoners during his years in the Monroe County Correctional Facility.
Derek Oliver, a former prison guard who now visits the jail as a Jehovah's
Witness, explained that he conducts Bible study with Mr. Hicks and said a lot
of inmates look to him for "wisdom."
Teleconferencing in from Ft. Myers, Florida, Jerel Johnson told the jury that
he shared a cell with Mr. Hicks starting in 2009. That happened while he was
facing his own murder charge, for which he has since been acquitted. Mr.
Johnson was in a "very dark place" during his time in the maximum security
wing, he said, but Mr. Hicks' kindness helped get him through it.
The defense also called neuropsychologist Carol Armstrong, Ph.D., who evaluated
Mr. Hicks this summer. Dr. Armstrong told the jury that Mr. Hicks had an
psychological impairment, struggling with attention, concentration and memory.
In his only cross examination of the day, Monroe County First Assistant
District Attorney Michael Mancuso questioned the neuropsychologist on the
tests, which revealed that Mr. Hicks had scored very high on the reading and
verbal portions.
On Monday, Mr. Hicks' mother and sisters pleaded for mercy, while his former
fiancee said the man became a different person when he used drugs, and once
threatened to kill her. Mr. Hicks has told investigators he and Ms. Null
engaged in a drug-fueled sexual relationship.
(source: The Times-Tribune)
LOUISIANA:
Court delays lethal injection trial at state's request
Lawyers for a convicted child-killer and the state Department of Corrections
were supposed to be in federal court Monday to schedule a trial on the
constitutionality of Louisiana's method of executing prisoners.
Instead, the trial and Christopher Sepulvado's pending execution have been
delayed for at least seven months as Louisiana figures out the best way to
carry out the death penalty.
By the time of the next hearing, Louisiana's execution drugs will have expired.
And the state law saying how executions are to be carried out - and whether
such details are to be kept secret - could change, too.
Sepulvado, who was convicted of beating his stepson with a screwdriver and then
submerging his body in scalding water, has won several stays of execution in
the past 2 years. He argues that the state's method of lethal injection
violates his constitutional protection against cruel and unusual punishment.
(source: bayoubuzz.com)
OHIO:
Bill might eventually identify Ohio execution drugmaker
The secrecy surrounding future Ohio executions might be lifted, but only a
decade after the fact.
Withholding the name of the supplier of drugs used in executions is the latest
wrinkle in proposed state legislation aimed at allowing capital punishment to
resume next year.
House Bill 663, introduced just last week, is on a fast track: It's tentatively
scheduled to be amended in a committee meeting today and voted out on
Wednesday. That would move it to the Ohio Senate, with an eye to getting it on
Gov. John Kasich's desk by the end of the year.
The bill would shield the identity of manufacturers and sellers of drugs used
in lethal injection, as well as physicians and members of the execution team
who participate in the process.
One amendment to be offered in the House Legislative and Policy Oversight
Committee would make the drug information public in 10 years instead of keeping
it secret permanently.
If the bill passes, it will blow past significant opposition from the Ohio
Public Defender, the American Civil Liberties Union of Ohio, the Ohio Newspaper
Association, Statehouse Democrats and John G. Greiner, a First Amendment
attorney from Cincinnati who questions the measure's constitutionality.
Greiner said in a letter sent to Attorney General Mike DeWine that the language
of the bill conflicts with the Ohio Constitution in several places, including a
provision prohibiting access to execution-drug information by any entity,
including the courts. Greiner said that "does not square" with Section 4.01 of
the Ohio Constitution, which vests power with the Ohio Supreme Court and other
lower courts.
DeWine said in an interview that he will take a 2nd look at the language of the
bill to ensure it isn't overly broad.
"Our lawyers who drafted it obviously believe it is constitutional. We are very
open and will certainly go back and take a look at this thing to see if there
are unintended consequences."
DeWine said he does not set policy; that is up to the General Assembly.
Reps. Jim Buchy, R-Greenville, and Matt Huffman, R-Lima, said in introducing
the bill that "Changes are necessary because Ohio and other states have
exhausted their options for purchasing chemicals used in lethal injection."
Huffman said yesterday that he expects the legislation to be revised to allow
for redacting specific information rather making everything private as in the
current version.
The subject arose when Ohio prisons Director Gary Mohr informed DeWine that he
doesn't think the agency can obtain the necessary drugs to proceed with the
Feb. 15 execution of Ronald Phillips and others to follow next year without
being able to guarantee anonymity to drug sellers. The state will most likely
buy the drugs from a "compounding pharmacy," which mixes drugs to customer
specifications. Big drug companies, most of them in Europe, refuse to sell
drugs for use in executions.
Public Defender Timothy Young, in testimony prepared for today's meeting, said
his primary concern about the bill is, "No one has any idea what the ultimate
consequences of this bill might be." He said blocking the courts from obtaining
information "raises separation-of-powers issues at both the state and federal
level.
"No matter your position on the death penalty, H.B. 663 is bad legislation for
Ohio. I understand the frustration with years-long litigation that drives this
bill. But this legislation sacrifices so much of what we all know about good
government: openness, transparency, accountability, oversight and limits on
governmental intrusion into contracts, private businesses and the medical
profession."
(source: Columlbus Dispatch)
MISSOURI----impending execution
Missouri inmate Leon Taylor demands US supreme court halt execution ----
Governor Jay Nixon considering clemency appeal over the conviction of Taylor,
56, for killing a gas station attendant in Kansas City in 1994
Attorneys for Missouri inmate Leon Taylor asked the supreme court to halt his
execution on Tuesday, citing several concerns that led to the death sentence
for the convicted killer.
Taylor, 56, is scheduled to die early Wednesday for killing gas station
attendant Robert Newton in suburban Kansas City in 1994, in front of Newton's
8-year-old stepdaughter. Taylor would be the 9th man put to death in Missouri
this year and the 11th since November 2013.
The appeal notes that Taylor's original jury deadlocked and a judge sentenced
him to death. When that was thrown out, an all-white jury gave Taylor, who is
black, the death sentence.
In 2002, the supreme court ruled that only a jury could impose a death
sentence. Taylor's lawyers contend that a Missouri ruling after the supreme
court decision led the state to commute at least 10 other death sentences for
inmates sentenced by a judge to life in prison - everyone except Taylor.
Attorney Elizabeth Carlyle said Taylor essentially has been penalized for
successfully appealing his 1st conviction.
"It is difficult to imagine a more arbitrary denial of the benefit of a state
court decision," Carlyle wrote in the appeal to the supreme court.
Governor Jay Nixon is also considering a clemency petition. In addition to the
racial concerns, the petition cites abuse Taylor suffered as a child, saying
his mother began giving him alcohol when he was 5 and that he later became
addicted to alcohol and drugs.
According to court records, Taylor, his half-brother and half-sister decided to
rob a gas station on April 14, 1994. Newton was at the station with his
stepdaughter.
Taylor entered the store, drew a gun and told Newton, 53, to put $400 in a
money bag. Newton complied and the half brother, Willie Owens, took the money
to the car.
Taylor then ordered Newton and the child to a back room. Newton pleaded for
Taylor not to shoot him in front of the little girl, but Taylor shot him in the
head. He tried to kill the girl but the gun jammed, so he locked her in the
room and the trio drove away.
"She had the gun turned on her," said Michael Hunt, an assistant Jackson County
prosecutor who handled the case. "It didn't fire. If it had fired, we'd have
had a double-homicide."
Hunt said the child's testimony at trial was pivotal in the death sentence.
"You can imagine what a horrible crime this was, but when you see it coming out
of a young person like that, it was hard to listen to," Hunt said.
Taylor was arrested a week later after police responded to a police-tip hotline
call.
(source: The Guardian)
*******************
Leon Taylor Execution: Attorneys File Last-Minute Appeal
Leon Taylor's execution is scheduled for 12:01 a.m. Wednesday morning. However,
his attorneys have asked Missouri's Eighth Circuit Court of Appeals to grant a
stay. In their appeal, Taylor's attorneys argue that their client's sentence is
unjust. In addition to the appeal, Taylor's attorneys have requested clemency
from Missouri Governor Jay Nixon.
In 1994, Leon Taylor was arrested and charged in the death of Robert Newton.
According to reports, Taylor shot and killed the 53-year-old gas station
attendant in front of his 8-year-old daughter. Witnesses said the suspect
attempted to shoot the child as well. However, he fled the scene when his gun
malfunctioned.
Following his arrest, Taylor argued that Newton's shooting was accidental. He
claims the gun "fired accidentally," and he denies accusations that he
attempted to shoot the 8-year-old girl.
Ironically, the little girl was the prosecution's star witness. Prosecutor
Michael Hunt said the child's testimony made a strong impact during the trial.
According to Hunt, "there was not a dry eye in the jury."
Although Taylor was convicted of murder, the jury was unable to reach a
unanimous decision during the sentencing phase. As the jury was deadlocked,
Taylor was sentenced to death by a judge.
In 2002, the Missouri Supreme Court ruled that capital punishment must be
imposed by a jury. Therefore, Leon Taylor's original sentence was overturned.
As reported by The Guardian, the defendant was granted a sentencing re-trial.
However, the new jury reaffirmed the judge's decision. Leon Taylor was once
again sentenced to death by execution.
In their appeal, Taylor's attorneys underlined the fact that their client, a
black man, was sentenced to death by an all-white jury. For this reason, the
attorneys suggest their client's sentence was racially motivated. In their
request for clemency, the attorneys explained that Taylor had a troubled
childhood and struggled with addictions to alcohol and drugs.
Although Taylor has apologized and expressed remorse, Newton's family continues
to struggle with their loss. As reported by KansasCity.com, his brother, Dennis
Smith, believes Leon Taylor has "been blessed with 20 years he shouldn't have
had."
"I know executing him won't make it right. Nothing will make it right. But it's
the right way to go and I think [the appeals] went on too long."
It is unclear whether the appellate court or the governor will halt Leon
Taylor's execution. If the execution moves forward as planned, it will be
Missouri's 11th death by lethal injection in the last 12 months.
(source: inquisitr.com)
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