Feb. 20
PENNSYLVANIA:
Frein's Attorney: 'No death penalty, police violated my client's rights'
Attorneys for accused cop killer Eric Frein are trying to get evidence against
him thrown out and the death penalty off the table.
Defense lawyers filed motions this week in Pike County Court.
Frein is charged with 1st degree murder for the death of Pennsylvania State
Trooper Byron Dickson.
Police said Frein killed Dickson and seriously injured Trooper Alex Douglass on
Sept. 12, 2014 when he opened fire outside of the Blooming Grove state police
barracks.
Frein's attorneys argue Pennsylvania State Police violated his constitutional
rights the night they interrogated him for 4 hours after he was captured in
Oct. 2014.
They are also asking for the death penalty to be tossed out, while prosecutors
still very much intend to push for a death sentence.
Before Frein can go to trial, these new arguments from the defense have to be
resolved in Pike County Court.
(source: WBNG news)
VIRGINIA:
The electric chair ensures a quick and painless death
Regarding the Feb. 17 editorial "Back to barbarism":
I witnessed an electric chair execution at the Virginia State Penitentiary in
Richmond on Aug. 30, 1989. Watching a man die was a grim experience, but,
mercifully, the condemned inmate didn't suffer, as death was instantaneous. The
editorial implied that execution by electrocution has been used to
intentionally inflict pain for the sake of cruelty. That suggestion is as
preposterous as it is untrue. The electric chair was adopted in an effort to
ensure a quick and painless death for condemned inmates. It seemed awfully
quick to me when I saw it.
Lethal injection, the preferred method for conducting executions, is
impractical in Virginia because, thanks to death penalty opponents, the
chemicals required are no longer available. If the commonwealth now wants to
use its electric chair, at least that method kills nearly instantly. Discussing
the intentional taking of a human life by execution is repellent, but when one
considers the crimes of Timothy McVeigh or Ted Bundy or, in this case, Ricky
Gray, who murdered at least 8 people, 2 of whom were children, most Americans
continue to support capital punishment regardless of the method.
Scott Wallace, Leesburg
(source: Letter to the Editor, Washington Post)
NORTH CAROLINA:
9 jurors selected in Hustle Mart 3 trial
After 7 days of jury selection, prosecutors and defense attorneys have agreed
on 9 jurors for the Hustle Mart 3 triple homicide trial.
Antwan Andre Anthony, 33, is accused of robbing, kidnapping and murdering
Mokbel Mohamed Almujanahi, 16, Nabil Nasser Saeed Al'mogannahi, 26, and Gaber
Alawi, 24, on April 1, 2012, as they were closing the convenience store on N.C.
121 north of Farmville.
He is going on trial for 3 counts of 1st-degree murder, 3 counts of 1st-degree
kidnapping and robbery with a dangerous weapon. If he is found guilty of
1st-degree murder, Pitt County District Attorney Kimberly Robb will seek the
death penalty against him.
(source: Daily Reflector)
GEORGIA:
Curb on some death penalty cases motivates Catholics at Capitol
In a basement room of the Shrine of the Immaculate Conception in Atlanta,
advocates gathered for prayer and a legislative briefing Feb. 4 to begin
Catholic Day at the Capitol.
More than 50 people participated in this year's program to meet with lawmakers
who represent them in the Georgia General Assembly and to learn more about
issues affecting the common good and legislation significant to the local
Catholic dioceses.
The Georgia Catholic Conference organizes the annual event, which promotes
faith in action. The conference represents the Catholic bishops of the
Archdiocese of Atlanta and the Diocese of Savannah in the legislative arena.
Various ministry leaders joined conference director Frank Mulcahy to present
updates on legislation already in the pipeline and bills yet to be introduced.
"We would like for you to talk with legislators about what you are passionate
about," said Kat Doyle, director of Justice and Peace Ministries for the
archdiocese.
Doyle reminded participants that there are hundreds of bills before legislators
at any given time, and often they don't have time to read all of them. On a
previous Catholic Day at the Capitol, 1 couple spoke to their legislator to
encourage support of a fetal pain bill. While she supported pro-life bills, the
lawmaker had not heard from any constituents about the fetal pain legislation.
"She was not aware of the bill and this couple asked her to vote for it," said
Doyle. "She voted 'yes.' That's how important 1 or 2 people can be in the
legislative process. This is your opportunity to be heard."
During the briefing, participants received forms to communicate with their
representatives in the event a face-to-face meeting was impossible.
Doyle urged the advocates to continue communicating with elected officials
beyond the session.
"This is 1 day. Our faith calls us to live this every day," she said.
Doyle also reminded the group that because the church does not take a position
on every bill, it's important for the faithful to research issues and look at
proposals through the lens of Catholic social teaching.
Fueled by coffee and doughnuts, the Catholic Day participants split into
several groups to walk one block to the Capitol. Later, they visited the Senate
gallery to watch the session, stopped for a photo with Bishop David P. Talley
and Gov. Nathan Deal, and had conversations with their respective
representatives.
Sen. Mike Dugan of Carrollton, who attends Our Lady of Perpetual Help Church,
welcomed Bishop Talley officially and introduced him to the Senate.
"Why are we insistent on being the worst?"
For Mississippi native Ann Basile, it was her 1st trip to the state Capitol.
Basile is particularly interested in issues surrounding abolition of the death
penalty, and in religious liberty. She is a parishioner of St. John Neumann
Church in Lilburn.
"I work with the prison ministry there. I'm totally against capital
punishment," emphasized Basile.
The parish prison ministry started last year. Basile credits the Holy Spirit
and the pastor, Father Sunny Punnakuziyil, for helping her to answer the call.
"Is someone speaking for me?" she recalled thinking.
Basile plans to attend vigils on execution dates at the Georgia Diagnostic and
Classification Prison in Jackson being organized by the archdiocese's prison
ministry.
A retired nurse, Basile chatted with some of the more than 1,300 nurses at the
Capitol that day for the legislative advocacy event of the Georgia Nurses
Association.
Bill Moon, parishioner of Our Lady of Lourdes Church in Atlanta, is also
passionate about advocating against the death penalty.
In capital punishment sentencing, the U.S. Supreme Court has determined that
executing a person with intellectual disabilities or mental retardation is
unconstitutional, but left to the states how to determine when that standard is
met. Georgia is the only state that uses the most difficult standard of proof
of "beyond a reasonable doubt" in order to meet the legal standard of
intellectual disability.
"What we're aiming for is preponderance of evidence," said Moon. "I think that
it's doable."
Moon said if inmate Warren Hill, executed in January 2015, had lived in any
other state, he would not have been put to death.
Hill's attorneys had argued that his sentence be changed to life in prison due
to lifelong evaluations of his intellectual disability. Hill received the
sacraments of the Catholic Church while on death row.
Of the 31 states that impose the death penalty, 22 use the standard of
"preponderance of the evidence" to determine intellectual disability. Others
use a "clear and convincing evidence" standard.
"Why are we insistent on being the worst?" asked Moon as he stood outside the
Senate gallery.
"This really is big for me. Baby steps are all we want," said Moon of moving
toward abolition of capital punishment.
"We should not be executing these people," said Maggie Rousseau, director of
the archdiocesan Disabilities Ministry. When thinking of this issue, Rousseau
reflects on the phrase her late uncle often used of "compassionate justice."
Legislation this session on the intellectual disability standard is anticipated
but had not been introduced as of Feb. 16.
The Georgia Catholic Conference is also monitoring and working for other pieces
of legislation, including House Bill 768, which authorizes creation of separate
ABLE (Achieving Better Life Experience) accounts for people with disabilities
to live independently.
The Georgia Senate has approved Senate Bill 308, known as the Alternatives to
Abortion Bill. Supported by the Georgia Catholic Conference, the legislation
would award grants to nonprofit organizations that provide pregnancy support
services. The bill passed the Senate Feb. 11 and will move to the House for
debate.
Michael Strollo, 19, attends the University of North Georgia and joined other
young friends for Catholic Day.
"One of the biggest issues the state of Georgia is facing is religious
liberty," said Strollo, dressed in suit and bowtie for the visit.
A parishioner at Good Shepherd Church in Cumming, Strollo said perhaps people
his age don't realize they can make a difference.
"For them, it's not interesting," Strollo said. "I love working in government
affairs ... to be as young as I am and make a change in the process."
(source: georgiabulletin.org)
FLORIDA:
My Daughter's Killer Should Not Get the Death Penalty----Darlene Farah's
daughter was murdered in Florida in 2013; It's wrong to make my family suffer
through a lengthy legal process
When my 20-year-old daughter Shelby was murdered in 2013, I didn't think things
could get any worse. I loved my daughter more than anything in the world. She
was a fighter and tenacious, but full of compassion and always helping the less
fortunate. She turned down an invitation to try out as a cheerleader for the
Jacksonville Jaguars 2 years in a row. She chose instead to mentor young girls
as a volunteer cheerleading coach, and she helped start a scholarship fund for
2 children after their father died. That's the kind of person Shelby was. My
family and I were absolutely devastated when a senseless shooting during a
robbery at a store in Jacksonville, Fla., took her from us.
There is nothing we can do to bring Shelby back - how I wish there was. The
best my family can do now is celebrate her life, honor her memory and begin the
lengthy healing process. Unfortunately, despite my requests, the state of
Florida is planning to seek the death penalty in my daughter's case, which is
set for trial in May. I do not want my family to go through the years of trials
and appeals that come with death-penalty cases.
My daughter's case exemplifies the problems with America's death penalty. Most
counties in the U.S. rarely seek it. A handful of prosecutors in only 2% of
counties are responsible for the majority of death sentences nationwide.
Unfortunately, my family lives in one of these outlier counties - Duval County,
Florida - in which prosecutors seek the death penalty at a much higher rate
than others. Officials' desire for the death penalty in my daughter's case
seems so strong that they are ignoring the wishes of my family in their pursuit
of it.
My daughter would not have wanted the death penalty for the person who killed
her. That's not the type of person she was. In the midst of tragedy, she would
have wanted the killing and the pain to stop. The person who killed Shelby
needs to face the consequences for what he did and be held accountable. But
more killing in no way honors my daughter's memory or provides solace to my
family.
Instead, the death penalty would inflict additional pain on us. Death-penalty
cases are incredibly complex and drawn-out. It's been 2 1/2 years since my
daughter's murder, and the trial hasn't even started. Since the U.S. Supreme
Court recently found part of Florida's death penalty unconstitutional, district
attorneys across the state have asked for delays in pending death-penalty cases
due to the uncertainty surrounding Florida's current law. In the meantime, the
lives of families like mine are put on hold - we can't start to heal and move
beyond the legal process, which never seems to end.
Since my daughter's murder, I have begged and pleaded with the prosecutors to
take the death penalty off the table, accept a plea deal and end this painful
process for my family. At every step of the process, our wishes have been
ignored. The prosecutors tell us that they know what's best in my daughter's
case. For the well-being of my family, I have to keep fighting the death
penalty in my daughter's case. But I'm tired and increasingly discouraged by
how destructive our criminal-justice system can be on murder-victims' families.
My children and I are the ones who will have to endure decades of trials and
appeals if the person who murdered my daughter is sentenced to death. I have
seen my family torn apart since my daughter's murder, and the idea of having to
face the lengthy legal process associated with a death-penalty case is
unbearable. We have endured enough pain and tragedy already.
(source: Darlene Farah, TIME Magazine)
*****************
Public defender: Take death penalty off table for Rhodes----Letter sent to
State Attorney regarding man accused of killing Shelby Farah
The Public Defender wants State Attorney Angela Corey to reconsider seeking the
death penalty in the case of James Rhodes.
Rhodes is charged with robbery and murder in the shooting death of Metro PCS
clerk Shelby Farah.
Matt Shirk has sent a letter to Corey, imploring her to reconsider seeking the
death penalty for Rhodes, citing the desire of Farah's mother, Darlene Farah,
to let Rhodes plead guilty and be sentenced to life in prison.
Corey did that in the case of Jared Harrell, the man convicted of killing
7-year-old Somer Thompson, after Somer's mother made the same request.
Corey's office issued a statement Friday, responding to Shirk's letter:
This case is set for a hearing on Feb. 24 to address the various motions filed
by the defendant regarding the death penalty. The State is still seeking the
death penalty in this case and will file a formal response addressing these
motions. Due to this being a pending matter, it would be inappropriate to
comment further.
Shirk said in his letter that it would cost the state of Florida $24 million to
continue appeals, if Rhodes is sentenced to death.
Shirk also raised the point that Rhodes has mental health issues and said that
the recent Hurst ruling by the U.S. Supreme Court will leave questions hanging
about the constitutionality of Florida???s death penalty law, no matter what
rewrite the Legislature passes.
Cellphone store clerk killed in robbery
James Rhodes is charged with 1st-degree murder in the killing of 20-year-old
Shelby Farah during a robbery of a Brentwood cellphone store.
Police said that after several hours of questioning, Rhodes confessed.
Police said Farah was found dead after officers responded to a report of an
armed robbery at the store on Main Street near 21st Street.
Police said Rhodes pointed a gun at Shelby Farah and demanded money. They said
she cooperated and after she handed him the last bit of money, he fired 4
rounds, killing her.
(source: news4jax.com)
*****************
Deltona murder suspect Luis Toledo withdraws request for speedy trial
In a surprising development, defense attorneys for Luis Toledo on Friday
withdrew his demand for a speedy trial. That likely means a new death penalty
process will be in place by the time the Deltona man accused of killing his
wife and her children goes to trial.
Also unusual, Circuit Judge Raul Zambrano said Toledo refused to attend
Friday's hearing at the Volusia County Courthouse. The judge said he had to
order that Toledo be brought to the courthouse, though Toledo apparently
ultimately cooperated.
"I came voluntarily," Toledo said in a deep voice as one of his attorneys
placed a hand on his left shoulder.
"Thank you very much that avoids anybody getting hurt, including yourself,"
Zambrano said.
The judge said he had ordered that Toledo be "extricated" from his cell, if
necessary.
Toledo, 33, is charged with 2nd-degree murder in the killing of his wife, the
28-year-old Yessenia Suarez, and 2 counts of 1st-degree murder in the deaths of
her children, Thalia, 9, and Michael, 8. The mother and children were reported
missing Oct. 23, 2013, from their home at 317 Covent Gardens Place in Deltona.
Their bodies have not been found. Prosecutors are seeking the death penalty.
Toledo's attorneys' last week filed a demand for a speedy trial. But on Friday
with Zambrano ready to set a trial date, Toledo's attorneys withdrew the
request.
Zambrano questioned Toledo on whether he understood the decision he was making.
"Yes, sir," Toledo answered in a deep voice several times to questions.
The judge said he had been ready to set a trial date.
???I already have all the logistics prepared to have a trial," Zambrano said.
"I would have scheduled it this morning. You understand that?"
Toledo, in his customary orange jail jumpsuit and shackles, said it was his
choice.
"Yes, sir. It was my decision to withdraw it," Toledo said.
Toledo had been scheduled to go to trial in January until the U.S. Supreme
Court struck down Florida's death penalty process. At that point, prosecutors
asked that the trial be delayed as the state Legislature worked on a new death
penalty process. Zambrano agreed and delayed the trial.
The state House of Representatives on Thursday passed HB 7101 which overhauls
the process so that jurors must unanimously agree on an aggravating
circumstance in support of the death penalty. Jurors must then vote on whether
to recommend death. If 10 vote for death, the judge could impose death or a
life sentence without parole. If less than 10 vote for death, the judge must
sentence the person to life. The Senate version differed in that it required a
unanimous jury recommendation for death, but senators have agreed to compromise
to 10-2, although they have not officially voted on it yet.
Toledo attorney Jeff Deen said after the hearing that he thinks Gov. Rick Scott
will sign the bill into law, and it will take effect immediately.
Deen said also the initial request for a speedy trial was not a strategic move
to have Toledo go to trial before a new death penalty procedure is in place.
"It has nothing to do with trying to beat anything," Deen said. "It has
everything to do with we represent someone who is on trial for his life and we
are trying to do what's in his best interest to make sure that his rights are
preserved."
(source: Daytona Beach News-Journal)
*****************
FL Raising Bar For Death Penalty But May Remain An Outlier
The House has approved changes to the state's sentencing system requiring at
least 10 jurors agree before recommending the death penalty. But the Senate's
proposal requires unanimity.
After an initial bid of just 9 jurors to recommend capital punishment, House
lawmakers amended the requirement to 10 in an effort to find a compromise with
the Senate. But Mark Schlakman from the Florida State University Center for the
Advancement of Human Rights says the state Supreme Court has been calling for
unanimity since 2005.
"So more than 10 years the legislature has been on notice that the Florida
Supreme Court was strongly in support of unanimous jury recommendations of
death," Schlakman says.
While the chambers are at odds on the question of a penalty recommendation,
both agree the jury should reach unanimous agreement on factual elements known
as aggravating factors.
(source: WFSU news)
ALABAMA:
Can Alabamians afford the specter of 16 or more scheduled executions in a row?
A March 25, 2014 article from the Associated Press quotes Alabama Assistant
Attorney General Clay Crenshaw saying that 16 death row inmates "have exhausted
[all] appeals and are awaiting execution." Today, the exact number among the
185 inmates on Alabama's death row whose last remaining hope is clemency is
unknown. However, even following the execution of Christopher Brooks on January
21, the number of inmates "out of court," with no further avenues of appeal, is
at least 16, and it may be higher. This means that anytime it wants, the AG's
office can, following the 2 year moratorium on executions that officially ended
with Mr. Brooks, ask the courts to schedule 16 or more executions in a row.
The question is: Whatever personal beliefs Alabamians hold on the morality of
the death penalty, is the scheduled killing of 16 or more people - one right
after the other - a risk worth subjecting Alabama's fragile economy to?
Consider the steady drumbeat of publicized death and denunciations from around
the United States and the world that would result, with the possibility, each
time, of a gruesome botch, like the infamous Oklahoma execution of Clayton
Lockett on April 29, 2014. Generating an avalanche of negative press abroad,
reporters witnessing Lockett's execution said he "writhed, groaned, and
convulsed" taking 43 minutes to die.
Imagine 16 or more potential Lockett-like executions lined up - like ducks in a
row - in Alabama. Picture the accompanying emotional baggage with each detail
about the condemned, the crimes of which they were convicted, and the nitty
gritty of each of their executions painstakingly picked through by the press .
. . . How much negative publicity would Alabama see as a result? How much
condemnation from foreign countries who abhor the death penalty would it reap -
countries whose investment dollars Alabama's slowly rebuilding economy depends
upon?
A June 2014 article by Michael Tomberlin titled, "Alabama, Birmingham benefit
from growing levels of foreign direct investment," noted that "[the 5 top
source countries of companies investing in Birmingham as a percent of jobs are
Germany (14 %), Japan (12.9) Canada (11), Spain (8.8) and France (7.7)."
Furthermore, "[t]he 5 leading source countries companies investing in Alabama
as a % of the jobs are Germany (16.2 %), Japan (13.5), Republic of Korea (9.6),
England (8.6) and Canada (7.5)." That means just a little less than 2 years
ago, at least 41.5 % of foreign investment in Birmingham came from foreign
countries that long ago abolished the death penalty and, at least 32.3 % of
foreign investment in all of Alabama, likewise, came from abolitionist
countries.
In addition to the already well-documented costs of capital punishment then -
to Alabamians' morals, the judicial system and taxes (see the Equal Justice
Initiative's website for detailed studies and support on all these) - can
Alabama really risk ramping executions up when doing so will offend, even
alienate, so many potential foreign investors - not to mention the Pope?
The University of Alabama's Center for Business and Economic Research is
already predicting slow growth for Alabama's economy in 2016, and so, even if
folks don't care so much about what foreigners think of Alabama's refusal to,
as the New York Times Editorial Board put it on January 16, "join the rest of
the civilized world and end the death penalty," don't Alabamians at least want
those foreign dollars? Isn't it great that foreign companies like Mercedes-Benz
and Airbus have chosen to invest in Alabama? Wouldn't it be awful if the
state's rekindled lust for executions drove them, and foreign companies like
them, away?
We already know Europeans hate the death penalty by their refusal to ship
lethal injection drugs to the US and, just recently, after Saudi Arabia held
mass executions, it was reported on January 15 by Eve Hartley of the Huffington
Post that, "the brutal Saudi justice system [had] strain[ed] relations between"
Saudi Arabia and the United Kingdom.
Putting aside all the very many good reasons already advanced to end the death
penalty, isn't the most obvious in Alabamians' wallets? Is there really so much
green in there already that accelerating - instead of taking immediate steps
now to end the death penalty - is worth it?
(source: Stephen Cooper, a former D.C. public defender and worked as an
Assistant Federal Defender in Montgomery, Alabama between 2012 and 2015, where
he represented death row inmates----al.com)
****************
Jury recommends life without parole for John Owens, convicted of capital murder
Friday afternoon, a Madison County jury made its recommendation for John
Clayton Owens to serve life in prison without parole. This comes a day after
they found him guilty of capital murder in the death of Doris Richardson, 91.
This is a recommendation, and Judge Alison Austin will sentence Owens on April
20. She could opt for the death penalty, which is what prosecutors pushed for.
The jury voted 10 to 2 for life without parole. The state argued there were
three aggravators in the case, explaining why the jury should have recommended
death for Owens:
1.He committed the murder during a burglary
2.He committed it while on probation
3.The crime was heinous, atrocious, and cruel, compared to other murders
The jury agreed on the 1st and 2nd points, but disagreed on the 3rd. The
mitigating evidence presented during the penalty phase, mainly about Owens'
life, outweighed the aggravating factors.
Madison County Assistant District Attorney Tim Gann had argued Richardson's
death was terrifying. He told jurors she was home alone, in bed apparently
working on a crossword puzzle, when Owens entered her home. Gann and Assistant
DA Bill Starnes both focused on the fact that the 91-year-old Richardson was
strangled to death. She suffered a broken bone in the neck, the tissue around
her throat was crushed and she had heavy brusing on her arms. Gann said that
showed she tried to fight off her much larger assailant.
The penalty phase included hours of testimony regarding Owens very troubled
childhood, his family's history and his use of drugs.
Owens' life was the main subject of testimony in the penalty phase of his
trial.
Owens family members and friends testified, and a defense-hired psychologist,
Dr. Marianne Rosenzweig offered a lengthy report about her findings. She
performed an evaluation of Owens and spent 12 hours interviewing him and 50
hours interviewing family members and friends.
Owens' life has been difficult, Dr. Rosenzweig testified. There were multiple
reports of abuse, with allegations against his father, mother and stepfather.
His father was described as a crackhead and kleptomaniac who once stole a
5-gallon bucket of rocks because it was there. His mother let Owens and his
brother smoke pot when he was around 8 as a reward for doing chores.
One DHR report confirmed abuse when Owens was about 13. DHR said the boys were
old enough to call 911 if there were continued problems. His brother testified
they never had enough food growing up, and were fed cat food sandwiches at one
point.
Gregg Owens said he wouldn't be alive without his brother's protection. He said
they began stealing as children to get money for food.
There were multiple reports of Owens stealing and using drugs, but no violence.
He had been in special education, but was found to have an above-average IQ. He
was described by relatives and family friends as helpful and gentle and a
gifted artist.
He was especially kind to a brain-damaged girl who he stuck up for at a school
dance. He remains her only friend, her mother said.
In 2011 after a breakup, Owens became withdrawn, began smoking a lot of spice,
synthetic marijuana which can be mind-altering.
Rosenzweig told jurors that Richardson's death scene, with a pillow over her
face, suggested awareness of guilt by her killer. She said thieves caught
stealing are often so startled they overreact. When high, the outcomes are even
worse.
John Owens' mother also took the stand Friday.
Richardson was strangled in her Bide-a-wee Drive home in Huntsville in August
2011.
(source: WHNT news)
******************
Suspect could face death penalty after "brutal murder"----James Matthew Hill,
33, was found blindfolded, bound and stabbed in his home on Walding Street
Thursday afternoon. Police have arrested 20-year-old David Montel Cunningham
and charged him with capital murder.
The suspect in the stabbing death of an Enterprise man could face the death
penalty if convicted of murder, 12th Circuit District Attorney Tom Anderson
said during a news conference on Friday.
David Montel Cunningham, 20, was arrested Thursday night and charged with
capital murder for the stabbing death of James Matthew Hill, 33, of Enterprise.
The 2 men were thought to be roommates, but it is unclear how long they had
lived together, Enterprise Police Chief T.D. Jones said.
Hill's body was found in his duplex home on the 100 block of Walding Street,
off East Lee Street. He had been blindfolded, bound and stabbed multiple times
in the head, neck and shoulders, Jones said.
A knife has been recovered, but it has yet to be determined if it is the murder
weapon, Jones said.
"It was a very brutal murder," he said.
Anderson said he felt strongly that he would pursue the death penalty in the
case, but that he has not formally filed the paperwork to do so.
"It was one of the worst things I've seen," he said.
Police learned of the suspected murder from the Coffee County Sheriff's Office,
which had received a tip, Jones said.
On another tip from the Sheriff's Office, police arrested Cunningham Thursday
afternoon in the northern part of the county. The Sheriff's Office had learned
Cunningham had plans to flee and would be arriving at a store called Country
Corner around 4 p.m.
When Cunningham arrived at the store around 4:10 p.m., he was arrested and did
not resist.
At the time of his arrest, law enforcement officials found a piece of property
belonging to Hill in Cunningham's possession. Law enforcement denied to reveal
what the property was, citing the ongoing investigation as reason.
"I think that any time you find another person's property on a deceased
individual, you can reasonably infer that at least 1 of the motives is
pecuniary gain," Anderson said during the news conference.
Cunningham was denied bond in a preliminary hearing with Coffee County District
Judge Chris Kaminski on Friday morning. Another preliminary hearing is set for
March 11, Anderson said.
District Attorney Anderson said Cunningham had never been convicted of a crime,
but that he was out on bond at the time of the offense for possession of a
controlled substance.
Court records showed Cunningham was out on bail for a pending felony unlawful
possession of a controlled substance charge in Coffee County from 2013. Records
show police charged Cunningham in November 2013 with the unlawful possession of
a prescription medication called hydrocodone while at Enterprise High School.
Hill's neighbor, Lola Faye Ross, said Cunningham had been living with Hill for
some time, but she was not sure how long.
Ross said she had not heard any signs of a fight and was only alerted to a
problem when law enforcement vehicles arrived.
"I thought, 'Well, something has happened next door,'" she said. "They couldn't
get in (the door.) They had to break in somehow to get in, and then they took
the yellow tape and taped around."
As Ross was hanging clothes on her clothesline, she addressed the law
enforcement officials.
"Y'all look mighty sad," she said to them. "Are they dead?"
1 of the detectives nodded, Ross said.
"But there was only 1 dead," she said. "And the other's in jail."
Ross said she cared for both of the men, and that Hill sometimes helped her
when he could.
"(Hill) was fine," she said. "He was a good friend, and we got along just fine.
But he had a lot of health problems ... They delivered medicine here just about
every week. He had so many different things wrong with him."
(source: Dothan Eagle)
********************
Calhoun County judicial candidates speak to packed house
Candidates for 2 Circuit Court judgeship openings discussed their
qualifications and aspirations for the bench during an open forum Thursday
night at the Anniston City Meeting Center.
Anniston attorney Bill Broome, the forum coordinator, welcomed about 70 people,
in a room big enough for 100, praising the effort and drive of the candidates.
"The circuit judges we are electing for Place 3 and Place 5 are really for the
citizens of Calhoun County," Broome said. "The individuals that will hold those
offices hold life or death decisions and monetary decisions. We are very
fortunate in the county to have four very dedicated, intelligent, knowledgeable
folks that want to be circuit judges."
Broome moderated the event, asking candidates questions submitted by
Calhoun-Cleburne County Bar Association members and by audience members.
"90 % of the questions I asked tonight were audience submitted," he said after
the forum.
The March 1 primary will likely decide who wins each open seat as neither place
has a Democratic candidate.
Place 3
After a brief explanation of legal background and family life, Debra Jones and
Carey Kirby, both 51 and from White Plains, answered questions specific to
Place 3, the seat Jones currently holds.
Place 3 hears civil and criminal jury cases.
In a response to a question about the death penalty, Jones stressed that a good
judge follows the law, and therefore she is in favor of the death penalty.
"It is the law and you have to follow the law," she said. "If you're going to
sit in judgment of a death penalty case, you better be qualified to try one of
those cases," Jones said, referring to the qualifications necessary for an
attorney to take on a case where the death penalty is an option.
Kirby, who also said he felt a good judge must follow the law, was not in favor
of the death penalty. He also said he has never been an attorney in a death
penalty case.
"As a criminal defense attorney, I'm not for it," he said. "That doesn't mean
if a jury recommends the death penalty that I would overturn it, though."
When asked why he was running for the seat, Kirby said there were a few
decisions made by Jones that were "contrary to law."
"I used that to base my decision on running for this position," he said.
In response, Jones said not everyone is worthy of probation.
"I apply the law as I see fit and I make no apologies for that," she said. "You
need a judge who is tough on crime and not afraid to send someone to prison."
(source: Anniston Star)
MISSISSIPPI:
Future law protects death row executioners
Information about the execution of death row inmates in Mississippi could be
kept secret.
Senate Bill 2237 entitled "Execution Secrecy Bill" passed the Senate Tuesday.
Attorney Gen. Jim Hood approached Senator Joey Fillingane to write the bill in
hopes to protect those involved in the execution process from the harassment of
protesters and death penalty opponents.
"This Bill attempts to prevent harassing and intimidating innocent people who
are merely carrying out their duties as part of their employment in the state
of Mississippi," Fillingane said.
The bill states:
"The identities of all members of the execution team, the supplier or suppliers
of lethal injection drugs, and the identities of those witnesses as provided
for in Section 99-19-55 (2) shall at all times remain confidential, and the
information is exempt from disclosure under the provisions of the Mississippi
Public Records Act of 1983."
Fillingane said the bill is more about protecting the suppliers than the
inmates.
"These are not nice people, these are people that have been convicted by a jury
of their peers and sentenced to the death penalty and we are executing that
judgment," Fillingane said. "It will be affected in a way that is efficient,
and obviously there are no qualms as to the efficacy of the drugs that are
being used."
Opponents of the bill say there are qualms, and that information about the
drugs and the training of the staff should be available to the public.
"I think it's a red herring just to be frank," said Charles Irvin, legal
director of the American Civil Liberties Union of Mississippi. "Let's put
safety and security to the forefront because people will focus on that instead
of focus on the fact that really the bill is designed to take away transparency
from the drug companies who are supplying the drugs."
Irvin said inmates also have a right to protection.
"Public records should not be removed from this process because how else can we
find out how the execution takes place and what steps are being taken to carry
out a successful execution and ensure that its important with the 8th
amendment," Irvin said.
Similar legislation has been passed in Oklahoma, Georgia and Arkansas.
(source: WDAM news)
LOUISIANA:
State Supreme Court reinstates death penalty on Angola 5 inmate convicted in
1999 slaying of correctional officer
The death sentence of 1 of the 5 Louisiana State Penitentiary lifers found
guilty of murdering a prison guard during a botched 1999 escape was reinstated
Friday by the state's highest court.
A retired New Orleans judge had ordered a new sentencing hearing for Angola 5
member David Brown in late 2014, ruling that prosecutors withheld a confession
by another of the accused killers until after Brown, of Algiers, went on trial
in 2011 in the slaying of Capt. David Knapps.
But the Louisiana Supreme Court decided Friday that because the statement is
"neither favorable nor material" to Brown, the failure to disclose it was not
prejudicial to him.
Chief Justice Bernette Johnson dissented, saying retired Criminal District
Court Judge Jerome Winsberg made the right call and that her confidence in the
outcome of the penalty phase of Brown's 1st-degree murder trial has been
undermined.
"The state concedes that it withheld the statement of inmate Richard Domingue,
which supports ... Brown's defense theory that he was less culpable in the
killing of the correctional officer," Johnson wrote.
According to Domingue's statement, inmate Barry Edge confided in him that he
and inmate Jeffrey Cameron Clark hatched the plan to kill Knapps, she noted.
"Domingue's statement could have been used by the defendant to persuade the
jury that since he was not directly involved in the decision to kill Knapps, he
should be sentenced to life imprisonment rather than given the death penalty,"
the chief justice added.
Brown's attorneys argue the failure to turn over the statement violated the
U.S. Supreme Court's decades-old ruling in Brady v. Maryland that requires the
state to disclose evidence favorable to a defendant. Prosecutors contend the
statement was not material and would not have changed the verdict.
David Brown's attorney, William Sothern, said in a statement Friday evening:
"The prosecutors suppressed incredibly significant evidence at David Brown's
death penalty trial. The trial court correctly determined that he was entitled
to a new trial because of that most serious prosecutorial misconduct. We will
continue to pursue every possible avenue for appeal to obtain a fair trial for
him where his constitutional rights are respected and where the jury gets to
hear all of the evidence."
The jury that convicted and condemned Brown heard a recording of Brown telling
investigators he dragged Knapps into an employee restroom and held him there
while a co-defendant hit him with a mallet. DNA tests found that Knapps' blood
was on Brown's hands, shoelace and clothes, trial testimony indicated.
Brown and Clark were convicted in the killing of Knapps, 49, and condemned to
die. Brown already was serving a life term for 2nd-degree murder in a 1992
killing in Jefferson Parish.
Edge and inmate Robert Carley were found guilty in Knapps' slaying and given
life sentences. Inmate David Mathis pleaded guilty to 1st-degree murder and
received a life sentence.
(source: The Advocate)
OHIO----new execution date
Execution date set for man convicted in '04 Toledo murder
The Ohio Supreme Court, in a 5-2 vote, today set a date for the execution of
James P. Frazier, convicted in the 2004 murder of a woman with disabilities in
a robbery for money to refuel a crack cocaine party.
That execution, however, won't occur until Oct. 17, 2019, as the line for
lethal injection gurney in Ohio continues to back up as the state struggles to
find the drugs it would prefer to use. The 1st execution in that line is set
for January once Gov. John Kasich's current moratorium on the death penalty
expires.
Frazier is on death row at the Chillicothe Correctional Institution. He was
convicted of killing Mary Stevenson in the Northgate Apartments in North Toledo
where Frazier was attending the party. Ms. Stevenson had cerebral palsy.
Frazier strangled her and slit her throat before making away with her purse.
"Every court that has examined defendant's claims has upheld his murder
conviction and his death sentence," reads the motion from Lucas County
Prosecutor Julia Bates' office urging the state Supreme Court to set an
execution date.
"Defendant has now completed all state and federal litigation," it wrote.
The U.S. Supreme Court declined to hear his latest appeal on June 22, 2015.
Ohio Supreme Court Justices Paul Pfeifer and William O'Neill dissented in
setting a date. They questioned why the court continues to set execution dates
when there's no sign yet one will be carried out.
"At this time, the state is incapable of properly executing the 25 people for
whom execution dates have previously been set," Justice Pfeifer wrote. "It
serves no rational purpose for this court to continue to set execution dates
while significant logistical obstacles remain in place and more legal
challenges are likely."
Justice O'Neill joined in his dissent.
Frazier faces lethal injection at the Southern Ohio Correctional Facility in
Lucasville. The state is tentatively set to resume carrying out executions on
Jan. 12, 2017 with that of Ronald Phillips, of Summit County.
Ohio last executed an inmate in January, 2014 when it used for a single time
the combo of the sedative midazolam and morphine derivative hydromorphone. The
inmate, Dennis McGuire, died, but witnesses described him first as making
choking sounds and struggling against his restraints for 26 minutes after the
drugs began to flow.
The state soon abandoned its use of that drug combo and said it would revert to
using either pentobarbital or sodium thiopental as single drugs. But the
domestic and European makers of those drugs refuse to make them available to
governments for use in executions.
The Ohio Department of Rehabilitation and Correction has been unable so far to
convince the federal government to allow it import the drugs for that purpose.
(source: Toledo Blade)
**************
Execution date set despite Ohio not having lethal drugs
The Ohio Supreme Court on Friday set an execution date for a condemned killer
over the objection of 2 justices who question establishing dates when the state
doesn't have any lethal drugs.
The court ruled 5-2 to schedule James Frazier's execution for Oct. 17, 2019. He
was sentenced to death for the 2004 slaying of a woman in a Toledo apartment
building where both lived.
The decision means Ohio now has 25 death row inmates with firm execution dates
beginning early next year at a time when the Department of Rehabilitation and
Correction still can't find drugs to put them to death with. It would have been
26, but one inmate recently had his execution delayed.
Ohio last executed a prisoner in January 2014, when Dennis McGuire gasped and
snorted over 26 minutes during the administration of a never-tried 2-drug combo
the state later abandoned.
The prisons agency changed its policies to allow for single doses of 2
alternative drugs, neither of which is available in the United States after
their manufacturers put them off-limits for executions. The state has
unsuccessfully tried to find compounded or specially mixed versions. A prisons
system spokeswoman declined comment.
Last year, Gov. John Kasich, a Republican running for president, ruled out
looking for alternative methods, such as the firing squad or hanging.
In a dissent to Friday's ruling, Justice Paul Pfeifer said the state is
currently incapable of properly executing the 25 inmates with already scheduled
dates.
"It serves no rational purpose for this court to continue to set execution
dates while significant logistical obstacles remain in place and more legal
challenges are likely," Pfeifer said.
In a brief interview Friday, he told The Associated Press he would dissent in
setting any future execution dates for the same reason.
Pfeifer, a Republican, helped write the state's current capital punishment law
as a state senator in 1981 but has since disavowed it and said Ohio should
abolish the death penalty in favor of life without parole. However, he
periodically upholds death sentences as a matter of law.
Justice William O'Neill, a Democrat who regularly dissents in capital
punishment cases, joined in Pfeifer's opinion.
Authorities say Frazier, 75, entered the apartment of 49-year-old Mary
Stevenson on March 2, 2004, strangled her, cut her throat and fled with 2 of
her purses.
Frazier's attorney declined to comment because of his involvement in an ongoing
lawsuit challenging lethal injection in Ohio.
(source: Associated Press)
KENTUCKY:
Montgomery seeking death penalty for Crozier
The man facing 4 indictments stemming from the events occurring over the same
October night - leaving 1 man dead and 3 others injured - learned officially
this week that prosecutors will seek the death penalty against him.
Bret D. Crozier, 35, of Somerset, appeared before Pulaski Circuit Judge Jeffrey
Burdette Thursday to be arraigned for the newest charges against him.
1 indictment involves 2 counts of 1st-degree assault, 2 counts of 1st-degree
robbery and 1 count of 1st-degree burglary in connection to the Oct. 24
shootings of 23-year-old Samuei Slores and 24-year-old Diego Martinez at their
home on Sycamore Trail in Somerset. That incident occurred around 11 p.m. with
both victims being airlifted to the University of Kentucky Medical Center.
A 2nd indictment stems from the shooting of 44-year-old Ronnie Taylor in the
early morning hours of Oct. 25 at a Dahl Road location in Shopville. Charges
include 1 count of 1st-degree assault and 2 counts of 1st-degree wanton
endangerment.
Both cases will likely be consolidated with 2 previous indictments charging
Crozier with the Oct. 24 fatal shooting of 76-year-old Albert Hail at his Oak
Hill Road home and an attempt to elude authorities once Crozier was located
around 1:30 a.m. on Oct. 25.
Crozier was indicted for murder, 1st-degree burglary and kidnapping an adult
and minor whom authorities say were forced to accompany him to Hail's
residence.
The final indictment was actually the first one that the grand jury returned -
stemming from a high-speed pursuit westbound on KY 80 which ended when Crozier
crashed his car on Pumphouse Road. Crozier, who had been accompanied by a
17-year-old female and eight-month-old baby, was charged with 2 counts of
1st-degree wanton Endangerment, possession of a firearm by a convicted felon,
1st-degree fleeing or evading police, tampering with physical evidence, and
operation of a motor vehicle under the influence of alcohol or drugs.
Among the 4 indictments - which will likely be consolidated - were no less than
14 counts of persistent felony offender.
Though he had already indicated he would seek the death penalty once Crozier
had been charged with murder, Commonwealth's Attorney Eddy Montgomery gave
formal notice to Judge Burdette during Thursday's hearing.
The defense seemed prepared for the notice with Sandra Brown - a
Lexington-based attorney with the Kentucky Department of Public Advocacy's
capital trial branch - making her 1st appearance representing Crozier. Brown
replaces local public defender Kenton Lanham and entered not guilty pleas on
Crozier's behalf in all 4 cases.
Crozier remains lodged at the Pulaski County Detention Center without bond. His
next hearing is scheduled for March 17, when Judge Burdette is expected to set
a trial date.
(source: The Richmond Register)
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