June 21
PENNSYLVANIA:
Court: Man with 74 IQ can't be executed for Philadelphia officer slaying
Pennsylvania's high court says a man convicted of killing a Philadelphia police
officer can't be executed because he has an IQ of 74.
The state Supreme Court on Tuesday upheld a lower court ruling that Edward
Bracey's below-average intellectual functioning made him ineligible for the
death penalty.
Bracey is serving a life sentence without possibility of parole in the 1991
murder of 21-year-old officer Daniel Boyle.
Boyle's sister, Kathleen Wrigley, is the wife of North Dakota Lt. Gov. Drew
Wrigley.
The Pennsylvania court voted 4-1 to uphold Judge M. Teresa Sarmina's January
2014 ruling sparing the 52-year-old Bracey.
The U.S. Supreme Court has barred execution of anyone deemed mentally disabled
by a state.
(source: Associated Press)
SOUTH CAROLINA:
Call for death penalty in shooting, but state lacks the drug
2 days after the shooting deaths of 9 people during a Bible study at a
Charleston church, Republican Gov. Nikki Haley made a bold public statement:
The gunman "absolutely" should be put to death. But her state, though largely
pro-death penalty, can't secure 1 of the drugs needed for lethal injections and
hasn't executed an inmate since 2011.
Any potential execution order for Dylann Storm Roof, 21, would be years away.
He is charged with 9 counts of murder in Wednesday's massacre. He appeared
briefly before a judge Friday, and his next court appearance isn't until
October. Haley made her comments Friday on NBC's "Today" show, but the governor
has no power in Roof's prosecution or sentencing.
Suspect Dylann Roof's alleged manifesto discovered online
South Carolina's supply of pentobarbital, 1 of 3 drugs in the state's lethal
injection, expired in 2013. Corrections Director Bryan Stirling has made it
clear to legislators that his agency can't buy anymore, even as 44 people are
on death row in the state. All attempts to purchase more have failed - a
problem in states nationwide. Some are trying to find new drugs and new sources
for drugs because pharmaceutical companies have stopped selling them for
executions and pharmacists are reluctant to expose themselves to possible
harassment.
Stirling advocated this year for a bill that would keep secret the information
of any company or pharmacist providing execution drugs, saying that should help
secure them. But bills have stalled in both chambers, and opponents urged
legislators not to vote for government secrecy.
The Supreme Court is considering the constitutionality of Oklahoma's 3-drug
injection, with inmates arguing it doesn't reliably produce unconsciousness and
causes pain and suffering. State House Judiciary Chairman Greg Delleney, a
Republican, has said he will probably wait for that decision before asking
lawmakers to vote on the bill, though Stirling notes that South Carolina uses a
different drug.
Still, Delleney said, "I don't see any urgency to get ahead of the Supreme
Court."
Even with the dozens of inmates on South Carolina's death row, the next
execution is probably 5 years away, according to Emily Paavola, executive
director of South Carolina's Death Penalty Resource and Defense Center, which
believes South Carolina's death penalty is fraught with problems and advocates
for reform. Paavola has said the only way that would speed up is if an inmate
who's sentenced to die waives all appeals - an unlikely scenario.
Death row inmates can choose electrocution, but if a prisoner doesn't want to
die that way, the prisons agency could not carry out an execution order without
the necessary drugs for a lethal injection, Stirling said.
Since lethal injection became an option in 1995, only 3 of 39 people executed
have died by electrocution.
After the bills on drugmaker secrecy stalled, Rep. Joshua Putnam, a Republican,
introduced a proposal that would add death by a 5-member firing squad to the
state's list of approved execution methods. Putnam said while there are cases
in which lethal injection drugs didn't work properly and caused pain, "we do
know by firing squad you don't feel anything."
But Rep. Joe Neal said that makes little sense.
"I can't think of a more hideous spectacle than gunning down someone," said
Neal, a Democrat. "Whether people suffer or not depends on the aim of an
unknown marksman."
Putnam's measure also would allow for execution by electrocution if the state
doesn't have the lethal injection drugs. Last month, Rep. Mike Pitts, a
Republican and retired police officer, introduced a bill that's more
straightforward. It would eliminate all references to a lethal injection
option, leaving electrocution as the only method.
No action has occurred on either bill. But they can be taken up when the second
of a 2-year legislative session resumes in January.
(source: Associated Press)
*****************
The Last Person Executed In South Carolina Was Jeffrey Motts. Will Dylann Roof
Be The Next One?
On Friday, South Carolina Governor Nikki Haley, asked for Dylann Roof to be
given the death penalty for allegedly shooting and killing 9 people in Emanuel
African Methodist Episcopal Church on Wednesday. Haley and others, including
presidential candidate Lindsey Graham, who is a South Carolina senator, are
calling the shootings a hate crime. Now facing 9 counts of murder, Roof could
also be facing the death penalty, which is still legal in South Carolina. The
most recent convict executed in South Carolina was Jeffrey Motts in 2011.
South Carolina has executed 43 prisoners since 1985, all of them were convicted
of murder charges, and all of them have been men. As of Friday, South Carolina
currently has 44 inmates on death row, but in general the number of inmates
executed in the state has seen a large decline.
Jeffrey Motts was executed on Friday, May 6th of 2011. Motts was originally
convicted in 1997 for murdering his aunt and one other relative; he also robbed
these same 2 relatives. While serving his sentence at Perry Correctional
Institution, Motts strangled his cellmante, Charles Martin to death. After
killing Martin, Motts is reported as having breakfast and a cigarette, then
bringing Martin's body into a common room and kicking it in front of other
inmates.
Something very unique about Motts' case is that he requested his own death
sentence. Motts was already serving a life sentence for the double murder of
his family members in the mid-1990s, and asked to forgo any appeals after he
strangled Martin. A court ruled him mentally competent to make the decision to
ask for the death penalty, and he was then put on death row, to be executed by
lethal injection.
In addition, Motts was the 1st person to be executed by lethal injection in
South Carolina using the new required combination of drugs. After a federal
investigation into how prisons were obtaining the drugs used for lethal
injections, prisons switched from sodium thiopental to penobarbital. It took
longer for Motts to die than it had for prisoners who had been executed using
the previous drug combination, but there were no complications reported.
Included in the final statement that Motts' lawyer read before his execution
were the following statements to Motts' mother and grandmother, as well a
message about not abusing drugs:
"To my mom and grandma, Happy Mother's Day. I know this is a sad one but let us
remember the good times. I am finally free and at peace in heaven."
"I want to warn kids of the dangers of drugs. I was the child everyone wanted
their children around until I got on drugs. Drugs will destroy your life."
Because of the downward trend in executions in South Carolina, it remains to be
seen if anyone will follow Motts on the death row roster. The death penalty has
long been an extremely divisive and controversial issue in the U.S., and will
be an important one to keep track of in the already very high profile case of
Dylann Roof.
(source: bustle.com)
OKLAHOMA:
OK-CADP forum focuses on opposition to State Question 776
On Thursday, June 18, the Oklahoma Coalition to Abolish the Death Penalty
(OK-CADP) hosted a forum on "Mass Incarceration and the Death Penalty," at the
First Unitarian Church in Oklahoma City.
Presented by Restoring Justice Oklahoma (RJO), the event kicked off the
coalition's campaign to defeat State Question 776. RJO leaders describe the
group as working to address criminal justice reform through citizen awareness
and action.
Co-organizer Jonathan Marshall opened by recalling the infamous lynching, in
1911, of an African American mother Laura Nelson and her 13 year old son
Lawrence in Okemah, Oklahoma.
A local sheriff was investigating a livestock theft, and Laura's husband Austin
Nelson was a suspect. The sheriff was shot and the mother and the son were
charged with murder and were later lynched by town members. The event was
immortalized when photos of the 2 bodies hanging from the North Canadian River
bridge were sold as postcards.
Marshall contended the notoriety of the event was not unlike Oklahoma's status
today regarding capital punishment.
Mass incarceration is a major social crisis and one of the biggest problems
facing the United States, in the view of many analysts, including sponsors of
the RJO event.
The federal Bureau of Justice Statistics 2013 report showed more than 1 out of
every 100 Americans is behind bars. Oklahoma's overall incarceration rate ranks
4th in the United States and it has the highest rate of female incarceration
per capita.
RJO co-organizer Dr. Britney Hopkins reported that, "The United States has less
than 5 % of the world's population, but has 25 % of the world's prisoners. The
question is why? The War on Drugs, economics, race, and harsh sentencing all
play crucial roles."
Hopkins challenged what she termed "misconceptions" that surround both mass
incarceration and the death penalty. "In order to start fixing the problem, we
must first educate ourselves," she said.
"The death penalty is fiscally irresponsible, Studies vary, but it costs
anywhere from 2 to 10 times more to execute someone than it does to put them in
prison for life. Add to that, the fact that execution doesn't deter crime.
These are important facts in the death penalty debate."
OK-CADP chair Connie Johnson said, "The relationship between these two issues
from an economic perspective alone demands that we do more to educate citizens.
"OK CADP is privileged to host and is grateful to Restoring Justice Oklahoma
for presenting this 1st in our series of many activities designed to increase
education and awareness in the coming year in support of OK-CADP's campaign to
defeat State Question 776, constitutionalizing death in Oklahoma."
Johnson, a former Democratic state Senator, also thanked First Unitarian for
use of their facility and for what she described as leadership in the area of
social and criminal justice reform in Oklahoma.
S.Q. 776, regarding the Death Penalty, will be on the November 8, 2016
statewide ballot. The measure, if approved, would provide state constitutional
language declaring that all "statutes of this state requiring, authorizing,
imposing or relating to the death penalty are in full force and effect,"
subject to changes in state statute by the legislature or initiative.
S.Q. 776 would forbid, in state law, the death penalty from being construed as
"the infliction of cruel or unusual punishments." However, the impact of such
an amendment might be uncertain in light of a present review of Oklahoma's
capital punishment protocols at the U.S. Supreme Court.
Rev. Zachary Gleason, RJO co-organizer and pastor at Joy Mennonite Church in
Oklahoma City, talked at the forum about the "Biblical View of the Death
Penalty." He said, "Passages such as those from Romans 13 and 1 Peter 2 are
written to console and advise people living under the threat of the death
penalty. They teach victimized people how to respond to the reality of capital
punishment; they do not sanction such violence.
"We abuse the Bible if we distort it into a statement of support for the
killing of Jesus and his apostles," Gleason continued. "When the Bible
characterizes authorities as wrathful and overbearing, it becomes clear that
they are not models for Christian behavior."
More than 3 dozen people attended. Organizers called upon supporters to help
educate Oklahoma voters before the November 2016 election that capital
punishment is a violation of human rights, racially biased, not a deterrent and
a waste of limited resources.
For more information about OK-CADP's and RJO's work, visit okcadp.org or
www.facebook.com/restoringjusticeok.
(source: The City Sentinel)
NEBRASKA:
Faith groups, law enforcement jump into death penalty debate
Nebraska voters can expect to hear a lot about the death penalty this summer
from influential people in their communities, from their local church pastor to
the county sheriff.
Faith groups and law enforcement are jumping into the debate as petition
circulators try to gather enough signatures to place the issue on the 2016
general election ballot.
Law enforcement groups have generally supported the punishment each year when
Nebraska lawmakers considered repealing it, while religious groups spoke
against the death penalty.
Both sides are now turning their attention to the public after the Legislature
voted last month to abolish capital punishment, overcoming Gov. Pete Ricketts'
veto. Nebraska became the first typically conservative state to end the death
penalty since North Dakota in 1973.
Some lawmakers said they opposed the punishment for moral or religious reasons,
while others argued it was too expensive and will never likely be carried out
because of legal appeals. Shortly after the vote, death penalty supporters
launched a petition drive to keep the death penalty.
On Friday, the ACLU of Nebraska said it had received a $400,000 donation from
Proteus Action League, a group based in Amherst, Mass., that has spent millions
on campaigns to abolish the death penalty. The money will go to Nebraskans for
Public Safety, a coalition that is urging voters not to sign the petitions.
Nebraskans for the Death Penalty, a group with ties to Ricketts, has to gather
roughly 57,000 signatures of registered voters by Aug. 27 to place the law on
the ballot. The signatures must come from at least 5 percent of the registered
voters in 38 of Nebraska's 93 counties.
Faith leaders said they plan to discuss their church's position on capital
punishment in sermons, homilies and bulletins. Leaders from Catholic,
Methodist, Presbyterian, evangelical and Episcopalian churches in Nebraska have
all voiced concerns about the death penalty.
Earlier this month, the Catholic Church's Archbishop of Omaha published a
newsletter column saying church leaders were exercising their responsibility to
teach their faith.
"At the very least, each of the bishops will continue to communicate with
Catholics about why they support the repeal," said Greg Schleppenbach,
executive director of the Nebraska Catholic Conference.
Schleppenbach said he believes many Catholics will want to learn more about the
church's position as the signature campaign continues.
The church doesn't teach that the death penalty is immoral but says it should
only be used in rare circumstances when the state has no other way to protect
society from violent offenders. Schleppenbach said life sentences are
sufficient to keep the public safe.
The Rev. Lauren Ekdahl, minister at First United Methodist Church in Gering,
said he expects the religious community will continue making public statements
in favor of the repeal. Ekdahl has advocated against the death penalty for
years, arguing it's a sin that punishes one death with another.
"I do expect them to think about it, to pray about it, and ponder what the
implications are for society," Ekdahl said. "We rationalize and try to sanitize
the death penalty in the way it's applied, but murder is murder in God's eyes
and my eyes as well."
Some county sheriffs plan to speak publicly to their constituents in favor of
the referendum campaign, possibly at county fairs and other summer community
events. The Nebraska Sheriffs' Association voted unanimously to support the
petition drive shortly after it was launched, said Grant County Sheriff Shawn
Hebbert, the group's president.
Hebbert said that although he and most sheriffs support the death penalty, the
group plans to focus on giving Nebraskans the right to vote on the issue rather
than the punishment itself.
"If we win, we win. If we lose, we lose," he said. "But it should at least be a
vote of the people that decides it."
Omaha Police Sgt. John Wells, the president of the Omaha Police Officers
Association, said his group donated $10,000 to the referendum campaign. Wells
said the group's members could help with the signature gathering campaign after
the College World Series of Omaha, one of the busiest times of year for police.
"Certainly we're willing to help if they're looking for volunteers," he said.
(source: Associated Press)
CALIFORNIA:
Attorneys in death penalty trial for man accused of officer's 2011 slaying
argue over alleged statement
A Solano County Superior Court judge is set to rule Monday whether or not a
suspect's statements to police in the hours after the fatal shooting of a
Vallejo police officer should be allowed before a jury.
On Nov. 17, 2011, veteran Vallejo Officer Jim Capoot became engaged in a high
speed pursuit of an SUV driven by a possible bank robbery suspect. The chase
wound its way along city streets, onto Highway 37 and ended on Janice Street in
North Vallejo where Capoot performed a PIT maneuver on the fleeing suspect
vehicle.
The suspect, Fairfield resident Henry Albert Smith Jr., 41, is currently on
trial, accused of the robbery of a Bank of America branch on Springs Road and
the eventual gunshot slaying of Capoot following a foot pursuit into a backyard
on Janice Street. Prosecutors are seeking the death penalty in the case.
After 2 weeks of trial testimony, jurors have heard evidence that Smith was
apprehended a handful of homes away from the scene where Capoot was slain, and
just minutes after officers reported shots had been fired.
When he was taken into custody, he had a loaded .40 caliber Glock 22
semi-automatic pistol in his pocket, according to law enforcement testimony.
Smith was eventually placed under arrest and taken to the Vallejo Police
Department, where he was placed in a holding cell.
On Friday, outside the presence of jurors, attorneys in the case argued whether
jurors should be allowed to hear about an alleged statement Smith made while
being held.
Vallejo police Det. William Badour testified that while Smith was in the
holding cell, he swabbed his hands for gunshot residue and collected his
clothing. It was around this time Badour asked Smith a question.
"I asked him if he was alone in the SUV," Badour testified.
"He said, 'I was alone. No one else was in it,'" Badour added.
At the time, police officers from multiple agencies had descended on the
neighborhood surrounding the shooting scene, gathering evidence and canvassing
the area for any outstanding suspects. Badour said he posed the question,
absent an advisement that Smith had a right to remain silent, as a matter of
public safety. He said he relayed that information back to his superiors who
were still at the shooting scene.
"I wanted no one else to get hurt that day," Badour testified.
According to trial testimony, Smith has already been identified in court by one
of the first arriving officers as the man Capoot chased from the SUV prior to
his being shot.
Defense attorneys, however, said in their opening statement that Smith was not
the man seen running from the SUV that afternoon.
On Thursday, attorneys for Smith argued their client's statement to the
detective should be kept out of the trial as Smith hadn't been advised of his
right to remain silent (or Miranda advisement) before he spoke to Badour.
Prosecutors argued that an exception to the Miranda advisement exists when it
pertains to public safety and further argued that Smith's alleged statement was
voluntary.
Judge Peter B. Foor is expected to rule on the matter Monday, when testimony in
the case is set to resume.
Foor will also rule on whether prosecutors can present evidence of a three hour
long videotaped interview Smith had with investigators, after which he was
advised of his constitutional rights.
According to Vallejo Det. Mathew Mustard, who conducted the interview, and a
portion of the video played in court, Smith acknowledges being in a car chase,
but denies involvement in a robbery and shooting. Late in the video, according
to Mustard???s testimony Thursday, Smith insinuates the gun officers have
previously testified they located on him was planted.
Smith is charged with murder of a peace officer with an enhancement for the use
of a gun, robbery and being a felon in possession of a firearm. Prosecutors
have alleged special circumstances to include: murder during the commission of
a robbery; murder to avoid lawful arrest; and murder perpetrated against a
peace officer lawfully performing their duty.
He has pleaded not guilty and remains in Solano County Jail custody.
The trial is set to resume at 9 a.m. Monday in the Fairfield courtroom of Judge
Peter B. Foor.
(source: The Reporter)
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