Nov. 25


PENNSYLVANIA:

Bomar is 1 step closer to death: Aimee Willard's killer loses latest bid to escape execution----Arthur Bomar Jr. was convicted in 1998 and sentenced to death for the brutal murder of Aimee Willard, a 22-year-old star athlete from Brookhaven.


On the eve of returning to the North Philadelphia neighborhood where her slain 22-year-old daughter's body was found to serve an early Thanksgiving dinner to those in need, Gail Willard learned the Supreme Court of Pennsylvania rejected the death-row killer's latest appeal.

It was about 5 p.m. Friday when Willard received a telephone call from Delaware County Assistant District Attorney William Toal III, who handled the appeal. While she was pleased to hear the news and is grateful to all who continue pursuing justice since her daughter, Aimee Willard, met a tragic end in June 1996, the straightforward mother said Monday that she has no time for Arthur Bomar. "I don't even give him a thought," Gail Willard said. "The main thing is they upheld it."

Delaware County District Attorney Jack Whelan said that with the latest opinion, Bomar has now exhausted his appeals at the state level.

Before Bomar can pursue any appeal at the federal level, which is expected, Whelan said the warrant for his death must be signed, either by Gov. Tom Corbett or the secretary of the Department of Corrections.

According to Whelan, they have 90 days within the transmission of the latest court record to the governor's office to sign the death warrant.

"I believe Arthur Bomar is pure evil and we are going to pursue the death penalty on the state level and fight any appeals on the federal level," Whelan said.

At the time of her death, Aimee Willard was a star lacrosse player at George Mason University, studying physical education and dreaming of coaching high school sports. She was the youngest of 3 children of Gail Willard, a nurse, and retired Chester Police Sgt. Paul Willard.

Based on evidence presented at trial and upheld on appeal, Bomar stalked and abducted Aimee Willard at the Springfield exit of Interstate 476 onto the Media Bypass as she was en route home to Brookhaven on June 19-20, 1996, after a night out with friends. Bomar dumped her body in a trash-strewn lot at 16th Street and Indiana Avenue in North Philadelphia.

Aimee's murder remained unsolved until June 5, 1997, when Bomar was arrested on an outstanding warrant for a parole violation from a prior 2nd-degree murder conviction in Las Vegas, Nev. During questioning about Willard, he told Pennsylvania State Police he had been at the same bar as Willard on the night of her murder; that he drove a 1993 Ford Escort until March 1997, the tires of which matched impressions from the murder scene; and that he frequently traveled Interstate 476.

Additionally, Bomar's then-girlfriend told troopers that he confessed to murdering Willard - flashing a fake police badge when he stopped her on Interstate 476. Bomar's ex-brother-in-law, who was incarcerated in federal prison for unrelated offenses at the time, offered to assist in the investigation and was transferred to the cellblock in Montgomery County where Bomar was initially incarcerated to eaves drop on Bomar, who made several incriminating statements.

Bomar was additionally tied to Willard's death by DNA evidence.

In October 1998, Bomar was convicted on charges of 1st-degree murder, kidnapping, aggravated assault, rape and abuse of corpse, and was formally sentenced to death by legal injection. He remains in custody at SCI Greene.

Bomar's 1st post-sentence appeal, raising claims of ineffective trial counsel, was filed in January 1999, and later denied on lack of merit.

"That's the problem with a death-penalty case. It goes through so many years of appeals, on so many levels," Whelan said Monday.

Bomar's attorneys with the Federal Community Defender Office of Philadelphia filed the petition with the Pennsylvania Supreme Court in April 2013, seeking relief under the Post-Conviction Relief Act. The appeal followed an order entered in March 2012 by Delaware County Common Pleas Judge Frank T. Hazel rejecting 22 claims by Bomar that included prosecutorial misconduct, improper testing of DNA evidence, and inappropriate jury conduct.

Similarly, 9 claims were examined and dismissed by Supreme Court Justices Thomas G. Saylor, J. Michael Eakin, Max Baer and Correale F. Stevens, with a concurring opinion filed by Chief Justice Ron Castille, according to the latest opinion, released Friday.

"We affirm the order of the PCRA court dismissing all of the appellant's claims," the 57-page opinion concludes.

Among Bomar's claims for relief: Prosecutorial misconduct; incompetency of Bomar to stand trial; ineffective counsel at both trial and penalty phase; unreliable forensic evidence; tainted jury; improper excuse of 7 potential jurors who philosophically opposed death sentence; and a violation of Bomar's Sixth Amendment rights when his ex-brother-in-law served as listening post for authorities.

For Gail Willard, returning to North Philadelphia to serve holiday dinner at the HERO community center on North 17th Street was a humbling experience. Joining Gail on Saturday was her husband, Tom Price, her sister, Sr. Nancy Bonshock, and a cousin, Eileen Evans. They helped to serve about 125 meals.

"It's almost an honor to be able to serve them. It really is," Gail Willard said. "This is a credit to Aimee and to those who reached out to her ... I continue to reach out to them."

(source: delcotimes.com)






DELAWARE:

Book might make you rethink the death penalty


Recently, my wife and I stayed at a bed and breakfast in Pennsylvania. The next morning at breakfast, while talking with friends from Delaware, we met a man who was taking his niece to various colleges in the region.

It turned out the man was a lawyer who had worked on death penalty cases. As you may know, Milton native and Cape Henlopen graduate Bryan Stevenson is one of the best-known death penalty lawyers in the country.

Stevenson heads the Equal Justice Initiative in Montgomery, Ala. He has argued before the Supreme Court. He recently appeared on "The Daily Show" with Jon Stewart to discuss his new book, "Just Mercy: A Story of Justice and Redemption."

So I said, "You must have heard of Bryan Stevenson."

He hadn't just heard of him. He knew him well. Had worked with him for 10 years, played basketball with him. He considered himself a pretty good ballplayer, but he said Bryan was better.

(I played some soccer with Bryan. He was better than me, too.)

"Well," I said, "Bryan comes back to Delaware sometimes; what's your name in case I see him? I'll tell him I met you."

"Flood," he said. "Joe Flood."

My long-lost Cousin Joe!

Flood isn't an extremely uncommon name, but I don???t recall actually meeting a Flood who wasn't a relative. (No, he's not a cousin, at least not a close one.)

As it happens, the Delaware Legislature may be revisiting the death penalty issue. Last session a death penalty repeal bill squeaked through the state Senate 11-10, with Sen. Ernie Lopez, R-Lewes, voting yes.

It wasn't the party-line vote you might expect. Sen. Bob Venables, a Laurel Democrat who lost this year to Republican Bryant Richardson, voted against the bill. It never made it out of the House Judiciary Committee.

Recent town meetings in Middletown and Dover, sponsored by groups such as the ACLU and NAACP, have attempted to draw attention to the issue. Police officers from outside Delaware who favor repeal were invited to speak.

I thought about Delaware's law recently while Helen and I listened to a recording of John Grisham's "An Innocent Man: Murder and Injustice in a Small Town."

Grisham - far better known for his fictional legal thrillers - does a masterful job telling the true story of Ron Williamson, a high school baseball standout whose dreams of big league stardom collide with the limits of his talent. He winds up a drunk and a ne'er-do-well, talking up his glory days at the local bars.

But after a young woman is raped and murdered, he makes a handy suspect. A horrible crime has been committed, and the community demands justice. Only in this case, it's injustice.

Despite a complete lack of physical evidence, Williamson and a friend, Dennis Fritz, are convicted of murder and sent to death row. Grisham also tells of 3 other Oklahoma men convicted of murder on the flimsiest evidence imaginable.

Williamson and Fritz are eventually exonerated, but only after 18 years on death row. Williamson once came within 5 days of his execution.

Amazingly, the 1 and only witness who testified to seeing Williamson at a bar with the murdered woman is the man later convicted of the crime.

It's hard to believe how badly police and prosecutors bungled the case. I honestly don't understand how anyone could read this book and not decide the death penalty should be repealed.

I realize not all people would be swayed. After all, this case happened in Oklahoma. We live in Delaware. We have a system of criminal justice here that doesn't allow that kind of mistake.

As if the citizens of Delaware have been granted a divine power to ascertain a man's guilt. That's not even a serious argument, but I've had someone tell me that with a straight face.

Pete Schwartzkopf, D-Rehoboth, a retired state trooper, was quoted in the News Journal saying the death penalty should be retained for those convicted of killing a police or correctional officer.

But that just highlights the capriciousness of the death penalty. Is killing a police officer worse than murdering a 2-year-old toddler?

Why are you more likely to get the death penalty if you murder a white person instead of a black person?

Is it fair that people with the wherewithal to hire the best lawyers effectively don't face the death penalty?

And, finally, mistakes happen. Even in Delaware.

(source: Don Flood, capegazette.com)






MARYLAND:

Governor May Commmute Last 4 Death Row Sentences


There are reports that Governor Martin O'Malley is considering commuting death sentences for Maryland's 4 death row inmates. The governor has reached out to victims' family members in the cases. Some are begging him to leave the convicted killers on death row.

Meghan McCorkell has more from the families.

The state of Maryland repealed the death penalty last year but that did not include the 4 inmates that currently sit on death row.

On death row for nearly 20 years, Heath Burch confessed to killing Mary Francis Moore's father and stepmother.

"If you take a life, you should give your life up," she said.

But, in 2006, a Court of Appeals struck down Maryland's lethal injection procedures. Since he can't be executed, the governor is now considering commuting Burch's sentence to life in prison. Monday, Moore asked him not to.

"I said something about 'I think that I would like to see you not sign anything and let this go back to the court,'" she said.

But that's what the family of murder victim Edward Atkinson is trying to avoid. In 1997, the Wicomico County man was shot to death on the side of a road by Jody Lee Miles. Miles is now appealing his death penalty conviction. Atkinson's mother says she can't take another court battle.

"No other family should have to go through what we have been through," said Dottie Atkinson.

She wants the governor to intervene.

2 of the other death row inmates were convicted in a double murder in Baltimore County. They've sat on death row for more than 3 decades.

Drug kingpin Anthony Grandison ordered Vernon Evans to gun down two federal witnesses in the lobby of a Pikesville hotel in 1983. Baltimore County State's Attorney Scott Shellenberger argues death row is where they belong.

"These cases were incredibly heinous. I believe that their death sentences should remain in effect," he said.

Now the decision is in the governor's hands.

Moore says the governor did not indicate to her what he plans to do.

Miles' conviction appeal will go in front of a court next month. The attorney general is recommending the court vacate his sentence.

(source: CBS news)






NORTH CAROLINA:

Witness says he 'was in shock' after seeing Harris shot to death


An eyewitness to the killing of 19-year-old Kyle Harris testified in Cumberland County Superior Court Monday afternoon that he was in shock immediately after the murder during an armed robbery of the Cumberland Pawn Shop 4 years ago.

Sean Collins, 22, and an Army specialist, was working at the Grove Street business on the day of the murder on Nov. 6, 2010. Monday marked his 2nd day of testimony in the case, where Cedric Theodis Hobbs Jr., 33, is charged with 1st-degree murder, armed robbery and kidnapping.

If convicted of murder, Hobbs could face the death penalty.

"I was in shock. I was really freaking out," Collins testified under the questioning of prosecutor Rita Cox.

When Cox asked him why, Collins replied, "I just watched a really good friend of mine get shot. He was unresponsive."

The questioning came as Assistant District Attorney Cox screened video footage from the afternoon of the shooting from the store's video surveillance system for jury members to watch. It was a system that Harris installed only weeks before the shooting, according to testimony.

Harris, a 2009 graduate of Cape Fear High School, had been working at the store as a clerk on the weekends to help out the family and pay his way through college.

Hobbs, 33, has admitted to Superior Court Judge Robert Floyd Jr. that he shot and killed Harris and robbed the pawn shop. And while his legal team admits that its client "committed to the acts involved," his lawyers told Floyd that he does not admit "to mental intent."

Murder by premeditation and deliberation and robbery are specific intent crimes, according to state law. Through his doctors, the defense is saying Hobbs had diminished mental capacity and did not form the specific intent required to commit the crimes of murder and robbery.

Floyd dismissed an alternate juror Monday after defense lawyers questioned whether the juror could remain objective to the evidence presented in the Harris case.

Earlier in the day, the court learned that the man had dropped by a friend's house on the way to court and discovered his friend was dead. Floyd recessed the proceedings until 2:15 p.m. Monday.

"You think you've heard everything," defense lawyer Steve Freedman quipped.

After reconvening in the courtroom, Floyd had the juror came out alone to question him. The man said investigators had already talked to him earlier in the day.

"As far as me," he told Floyd, "they're done."

Freedman wasn't satisfied.

The judge gave him permission to also question the juror. Freedman then told Floyd that he would ask the court to allow him to use one of the defense's peremptory challenges to release the juror. Freedman spoke of a potential conflict, since the death of the juror's friend was under investigation by the Fayetteville Police Department, just as the Harris case had been.

"How is that going to affect you?" Freedman asked the juror.

"Like I said," the man answered, "it's 2 separate incidents."

Floyd then asked the state for its position, and Cox said the state wanted the juror to remain on the jury.

Also Monday, a different juror told Floyd he's experiencing problems at work in conjunction with his jury duty. The man, who is a restaurant manager, said if he doesn't work "a full number of hours," the company he works for may put him on an unpaid leave of absence.

His wife is a teacher, the juror said, and it would create a financial hardship for the family if he's not paid at work.

"This is our Christmas paycheck now we're working on," he said.

Floyd told him that he understood his dilemma, but he asked the juror to stay on the jury.

(source: Fayetteville Observer)






FLORIDA----new execution date

Gov. Scott Signs Death Warrant For Johnny Shane Kormondy


Gov. Rick Scott on Monday signed a death warrant for a man found guilty of committing 2st-degree murder and sexual battery during a home-invasion robbery in 1993 in Escambia County.

Scott signed the warrant for Johnny Shane Kormondy, 42, to die by lethal injection on Jan. 15.

The execution will be the 21st since Scott took office in January 2011, equaling the number overseen by former Gov. Jeb Bush, which is the most for any Florida governor since the death penalty was reinstated in 1976.

Kormondy was found guilty in 1994 in the death of Gary McAdams, who was shot in the back of the head during a home-invasion robbery. McAdams and his wife, who was raped during the attack, had returned home from a high-school reunion when confronted at the front door by Kormondy and his 2 accomplices.

According to a release from the governor's office accompanying the death warrant, Kormondy was the leader of the attack, recruiting the accomplices, providing transportation and casing the McAdams' neighborhood.

Kormondy's accomplices, Curtis Buffkin and James Hazen, received life sentences. Law enforcement was able to close the case when a person to whom Kormondy confessed went to police seeking a $50,000 reward for information. The robbers reportedly left the house with $20.

Kormondy also threatened to kill witnesses who testified at his trial, including Mrs. McAdams, if he were ever released.

The execution date has been set for Thursday, January 15, 2014, at 6 p.m.

Johnny Shane Kormondy

DOB: 05/20/72

Sentencing Judge: The Honorable Joseph Q. Tarbuck

Attorneys, Trial: T. Stitt & R. Davis - Assistant Public Defenders

Attorney, Trial (Resentencing): Glenn Arnold - Private

Attorney, Direct Appeal: Chet Kaufman - Assistant Public Defender

Attorney, Direct Appeals (Resentencing): Chet Kaufman - Assistant Public Defender

Attorney, Collateral Appeals: Michael Reiter - Registry

Date of Offense: 07/11/93

Date of Sentence: 10/7/94

Date of Resentencing: 07/07/99

Circumstances of Offense:

Kormondy was convicted of the murder of Gary McAdams, which occurred on 07/11/93.

In the early morning hours of 07/11/93, the victims, Gary McAdams and his wife Cecilia McAdams, had returned from a high school reunion. They heard a knock at their door.

When Mr. McAdams opened the door, Curtis Buffkin was on the other side holding a gun. Buffkin forced his way into the house and ordered the McAdams to get down on the kitchen floor and keep their heads down.

James Hazen and Johnny Kormondy then entered the house. Both Kormondy and Hazen had socks on their hands. After the 3 men took personal valuables from the McAdams, the phones were disconnected from the wall and the blinds were closed.

At this point, one of the men took Mrs. McAdams to a bedroom in the back and forced her at gunpoint to remove her dress and to perform oral sex on him.

One of the other men, described as having sandy-colored hair that hung down to his collar bone, entered the room and proceeded to rape Mrs. McAdams while the 1st man forced her to perform oral sex on him again.

After she was taken to the kitchen, naked, and placed with her husband, one of the men took her back to the bedroom and raped her again. While he was raping her, a gunshot was fired in the front of the house.

Mrs. McAdams heard one of the men yell for "Bubba" or "Buff", and the man raping her stopped and ran to the front of the house. Mrs. McAdams left the bedroom and was walking towards the front of the house when she heard a gunshot from the bedroom. When she entered the kitchen, she saw Mr. McAdams on the floor with blood coming from the back of his head.

After the murder, Kormondy's wife asked him to leave the family home. Kormondy left and moved in with Willie Long. Kormondy confessed to Long about the murder and admitted that he had shot Mr. McAdams but, explained it had gone off accidentally. Long went to the police because of the $50,000 reward for information.

During the trial, the medical examiner testified that Mr. McAdams' death was caused by a contact gunshot wound, meaning the barrel of the gun was pressed to Mr. McAdams' head.

Codefendant Information:

Curtis Buffkin (DC# 103884)

Buffkin was sentenced to life for his participation in the offense that occurred on 07/11/93 (CC# 93-3302).

James Hazen (DC# 391126)

Hazen was sentenced to life for his participation in the offense that occurred on 07/11/93 (CC# 93-3302).

Additional Information:

Kormondy, Hazen, and Buffkin were indicted on 07/27/93 and tried separately. Buffkin was offered a plea bargain by the State in return for assistance in the prosecution of Hazen and Kormondy.

The trial records are inconsistent as to the location of Hazen and Buffkin at the time of Mr. McAdams shooting. During Kormondy's trial, Mrs. McAdams testified that Buffkin was with her in the bedroom when the shot was fired.

In testimony given by Officer Hall, Kormondy told him in an unrecorded statement that Buffkin fired the fatal shot and that Hazen was in the bedroom with Mrs. McAdams. In a confession recorded for the jury, Kormondy stated again that it was Buffkin who fired the fatal shot.

During Hazen's trial, Buffkin testified that Kormondy fired the fatal shot, and that Hazen was in the bedroom with Mrs. McAdams. Hazen testified that he was not present at the scene when the crimes occurred.

Trial Summary:

07/27/93 - Indicted as follows:

Count I: Capital Murder

Count II: Sexual Battery

Count III: Sexual Battery

Count IV: Sexual Battery

Count V: Assault or Battery during Burglary

Count VI: Robbery with a Firearm or Weapon

07/07/94 - Jury returned guilty verdicts on all counts of the indictment.

07/09/94 - Jury recommended death by a vote of 8-4.

10/07/94 - Sentenced as follows:

Count I: Capital Murder - Death

Count II: Sexual Battery - Life

Count III: Sexual Battery - Life

Count IV: Sexual Battery - Life

Count V: Assault or Battery during Burglary - Life

Count VI: Robbery with a Firearm or Weapon - Life

10/09/97 - Florida Supreme Court remanded death sentence for new sentencing phase.

07/07/99 - At resentencing jury recommended death by a vote of 8-4.

Case Information:

On 11/15/94 Kormondy filed his Direct Appeal to the Florida Supreme Court. The Court found that the admission of cross-examination testimony from a co-perpetrator during the penalty phase was reversible error.

On 10/09/97, the Court affirmed his conviction but remanded his sentence for resentencing.

On 08/05/99 Kormondy filed his Direct Appeal for resentencing to the Florida Supreme Court. The Court found that Kormondy's death sentence was not disproportionate to the crime.

The Court also found that the trial court did not ignore mitigating factors when imposing the death sentence, the limitation of cross-examination of Mrs. McAdams was not abuse of discretion, and that the admission of victim impact testimony was not fundamental error. On 02/13/03, the Court affirmed Kormondy's sentence.

Kormondy filed a Petition for Writ of Certiorari to the United States Supreme Court on 07/28/03, which was denied on 10/14/03.

On 08/30/04, Kormondy filed a 3.851 Motion to the Circuit Court, which was denied on 06/20/05.

On 07/06/05, Kormondy filed a 3.851 Appeal to the Florida Supreme Court, which is currently pending.

Kormondy filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which is also pending.

FloridaCapitalCases.state.fl.us

(source: Space Coast Daily)

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

DEATH WARRANT!


Gov. Scott has ordered the "People of the State of Florida" to kill Johnny Shane Kormondy on Thursday, January 15 at 6pm ET. Kormondy was sentenced to death for the killing of Gary McAdams of Pensacola 21 years ago. This would be the 21st execution of a well-secured, captive prisoner ordered by Richard Lynn Scott.

Florida continues the premeditated, unnecessary, and experimental killing of captive prisoners. Richard Lynn Scott is responsible for 20 executions thus far and he still has 4 years left as governor.

Please contact Gov. Rick Scott and ask him to suspend ALL executions.

Governor Rick Scott:

Phone: (850) 488-7146

Email: rick.sc...@eog.myflorida.com

(source: FADP)

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