March 3
TEXAS----impending execution
Death Watch: Heat of the Moment----Coy Wesbrook's mental deficiencies make his
pending execution a "travesty," claims his lawyer
Coy Wesbrook was 39 years old when he killed his ex-wife Gloria Coons and 4 of
her friends at Coons' home just east of Houston. He'd gone there Nov. 13, 1997,
thinking that he and Coons could discuss getting back together. Instead, he was
greeted by Coons' friends: 3 men and a woman. Despite the apparent change of
plans, Wesbrook came inside.
According to various testimonies, the situation at Coons' house was a volatile
one. All 6 people had been drinking, and Wesbrook came to realize that Coons
had been sexually involved with 2 of the men present. Angry, he decided to go
home. Before he made it to his truck, 1 of the men grabbed his keys and ran
back into the house. Wesbrook went to his truck, which was unlocked, and
grabbed a rifle. He came back inside where, he said - and he is the only
survivor of that night - he quickly became the target of the group's jokes.
Someone threw a beer at him, he said, and "the rifle went off." He shot and
killed all 5, then waited outside for authorities to show up.
At trial, Harris County prosecutors were able to point to a number of instances
in which Wesbrook had proven violent in the past, or expressed an interest in
having his 1st wife Brenda Williams and her husband killed. After a week of
sentencing hearings, Wesbrook was sent to death row.
Since his conviction, his attorney Don Vernay has focused on the
spur-of-the-moment nature of the shootings, and how that fits in the context of
Wesbrook's lifelong mental deficiencies. Wesbrook dropped out of junior high
and had trouble keeping any job. Both of his marriages ended quickly. Even the
fact that he waited outside for police, Vernay wrote in a clemency petition to
Gov. Greg Abbott this February, points to a man who "now stands to lose his
life for one impulsively tragic act." Vernay has also tried to argue in a
series of filings that the state improperly planted an informant in Wesbrook's
jail cell to obtain his confessions about his desire to kill Williams.
Both claims were rejected at the state and federal level until April 2011, when
the State Board of Examiners of Psychologists issued a reprimand to Dr. George
Denkowski, the psychologist who evaluated Wesbrook (and 13 other death row
inmates) to determine their mental capacity. The board determined Denkowski to
be completely inept at the job of evaluating the intellectual capabilities of
death row inmates. Rather than face harsher penalties, Denkowski resigned. In
light of this, the Court of Criminal Appeals sent Wesbrook's case back to trial
court in Harris County, which in 2014 ruled Wesbrook mentally fit for
execution. The case passed through the CCA again last January. On Monday,
Vernay told the Chronicle that Wesbrook currently has no pending filings. "This
execution is a travesty," he said.
Now 58, Wesbrook is expected on the execution gurney Wed., March 9. He'll be
the 4th Texan executed this year, and the 535th since the state's reinstatement
of the death penalty in 1976.
(source: Austin Chronicle)
NEW HAMPSHIRE:
N.H. Senate To Vote on Suspending State's Death Penalty
New Hampshire's state Senate is slated to vote on suspending the use of the
death penalty. According to the bill's lead sponsor, Republican Kevin Avard,
suspending the death penalty is good sense.
Avard once supported capital punishment, but says there are too many examples
of the people improperly ending up on death row to remain confident the
punishment is worth the risk.
"You know we are all capable of fallibility, and if you have 156 people who
have been exonerated, we should take a real sober look at this."
Under the bill, capital punishment would be suspended until "methods exist to
ensure that the death penalty cannot be imposed on an innocent person."
The bill is not drafted to undo the sentence of NH's lone death row inmate,
Michael Addison, who was convicted of killing a police officer in 2006. But the
bill's critics of the bill say it could have that effect.
New Hampshire has not executed anyone since 1939 but it is the lone New England
state where the death penalty remains on the books. An effort to repeal the
death penalty in 2014 failed when the senate deadlocked 12-12.
(source: New Hampshire Public Radio)
VIRGINIA:
Va. Senate panel backs electrocution as alternate execution method
Death row inmates in Virginia would receive their sentence by the electric
chair if supplies of execution drugs were not available under House of
Delegates legislation that cleared a Senate committee Wednesday.
Senators on the Courts of Justice Committee approved House Bill 815 by a vote
of 9-5 and sent the measure to the full Senate for consideration.
The legislation, sponsored by Del. Jackson H. Miller, R-Manassas, passed the
House by nearly a 2-1 margin. But it has stoked the ongoing controversy over
whether capital punishment - and in particular, the electric chair as an
execution method - is humane or cruel and unusual punishment.
The scarcity of lethal injection drugs - driven, in part, by the objection of
some suppliers to provide them and the reluctance of others to formulate them
in light of objections and boycotts by death penalty opponents - has caused a
crisis in states that have no alternate means of execution.
The effectiveness of some new formulations of lethal injection drugs also has
been questioned. Miller's bill offers a way around the drug supply issue. He
said it is not an expansion of the death penalty but a way to make sure the
determination of the justice system is carried out.
Washington and Lee University law professor David Bruck told the panel that
electrocution is a "punishment whose time has long since passed."
Jeff Caruso of the Virginia Catholic Conference said Pope Francis has declared
2016 a "year of mercy." In that spirit, he said, lawmakers should not be
"piling 1 inhumanity upon another. ... We can do better," he said. "This is not
who we are."
"If you do certain things, you don't deserve to live," said Sen. Richard L.
Saslaw, D-Fairfax, who supported the measure.
In other action, the courts committee passed a measure to further penalize
employers who deliberately fail to pay wages to workers.
Currently, an employer is subject only to a misdemeanor charge for refusing to
pay an individual worker's wages up to $10,000. Under House Bill 1150, however,
the employer would be subject to a felony charge if a group of workers is owed
more than $10,000 collectively.
The committee also passed House Bill 1149, which would provide that a person
who petitions the court for expungement of an offense will be reimbursed for
the filing fee if the expungement is granted.
(source: richmond.com)
**************************
How McAuliffe could veto a public records bill without vetoing it
State lawmakers from both parties expressed concern Wednesday with action by
Gov. Terry McAuliffe that they said would essentially veto a bill aimed at
making sure public records are released.
The bill in question, SB494 by Sen. Scott Surovell, D-Fairfax County, relates
to redaction of public records.
If certain information in a public record is exempt from disclosure under the
Virginia Freedom of Information Act, state and local governments may redact the
exempt parts but are required to release the parts that are public.
But a state Supreme Court ruling from September, Department of Corrections v.
Surovell, would allow officials to withhold entire documents that contain any
exempt information.
With backing from the Virginia Freedom of Information Advisory Council,
lawmakers passed Surovell's bill, which makes clear:
"The provisions of this act are declaratory of the law as it existed prior to
the September 17, 2015 decision of the Supreme Court of Virginia in the case of
the Department of Corrections v. Surovell."
But McAuliffe sent back to the Senate a version that Surovell and Del. Jim
LeMunyon, R-Fairfax County, who sponsored the same bill in the House of
Delegates, say guts the bill. McAuliffe also recommended that the matter be
studied by the FOIA council - which already endorsed Surovell's bill.
"Effectively, it would be a veto," Surovell said. "The FOIA council has already
endorsed this in concept. ... The person who drafted it is the executive
director of the FOIA council. The bill got vetted by all the local governments.
It's been out there for 8 weeks."
McAuliffe's substitute "is like a nuclear bomb," Surovell said. "I was
surprised, and I was disappointed in that I'm not clear where this is coming
from or why it's coming."
LeMunyon said he agreed that McAuliffe's move is an effective veto.
"We're trying to restore the redaction process in the FOIA to what we always
thought it was," he said.
Brian Coy, press secretary to the governor, said the administration disagrees
that the court ruling applies to all local and state government agencies and
said it applies only to the case at hand, an attempt by Surovell to obtain
records about the death penalty.
And because the bill sent to the governor changed the word "records" to
"information" in the FOIA, Coy said, it's a "wholesale rewrite" of FOIA that
needs further study.
The bill, however, defines "information" as "content within a public record."
The McAuliffe administration has fought the release of information about the
death penalty. In 2015, it introduced a bill - which passed the Senate but was
killed by the House - to shield companies that sell lethal injection drugs from
the public. The bill originally read: "All information relating to the
execution process and the buildings devoted to the execution process and all
records regarding the equipment used in the execution process shall be exempt
from the Freedom of Information Act."
Roger Wiley, a lobbyist who represents the Virginia Municipal League and the
Virginia Association of Counties, said the associations support Surovell's
bill. "We had never thought the law allowed us to withhold an entire record
just because one piece of it was exempt, so to the extent that case was
suggesting that, we had no problem with correcting it," he said.
Surovell said he's looking at options for how to handle the governor's
substitute bill.
Surovell's bill passed the Senate 38-1 and the House 98-2. With support from
2/3 of each chamber, lawmakers could pass their version of the bill, LeMunyon
said.
Megan Rhyne, executive director of the Virginia Coalition for Open Government,
said McAuliffe's version of the bill would create an "unnecessary delay" in
making sure the law is clear.
(source: The Virginian-Pilot)
NORTH CAROLINA:
Winston-Salem man accused of killing boy, 2, rejects plea deal at last minute
A Winston-Salem man accused of killing a 2-year-old boy in 2014 has rejected a
plea deal that would have taken the death penalty off the table.
Daryl Jerome Reed, 26, made the decision at the last minute Wednesday morning
in Forsyth Superior Court. Reed is charged with 1st-degree murder in the death
of Corey Joseph Plater on Aug. 12, 2014. Assistant District Attorney Belinda
Foster had offered to allow Reed to plead guilty to 1st-degree murder and be
sentenced to life in prison without the possibility of parole.
For 1st-degree murder, there are only 2 possible sentences - a life sentence or
the death penalty.
Just before the hearing, Reed appeared hesitant. For several minutes, he
refused to take a pen his attorney, Julie Boyer, offered him so he could sign
off on a change in the plea transcript reflecting the fact that he turned 26 on
Tuesday. He eventually took the pen from Boyer.
Just after 9:30 a.m. Wednesday, the court proceeding started, and Judge Stuart
Albright went over the plea transcript with Reed. When Albright asked Reed if
he understood the charge, Reed replied, "In a sense."
Then Reed said he didn't want to take the plea.
"I don't feel taking this plea is in my best interest," he said.
Reed also told Albright he wanted to fire Boyer, a lawyer in the Forsyth County
Capital Defender's Office who was appointed to Reed. Reed said that he and
Boyer disagreed on how to handle his case. Albright denied Reed's request,
noting that Boyer is not always going to tell Reed what he wants to hear.
"She can't sugarcoat it," he said. "She has to tell it like it is."
Boyer said in court that Foster had told her that if Reed didn't take the plea
offer, she would seek the death penalty. Foster said in court that the plea
deal would expire at noon Wednesday and would not be offered again. Reed didn't
change his mind. If Forsyth County prosecutors pursue the death penalty, Reed
will be assigned a 2nd lawyer to represent him, which is required in death
penalty cases.
The next step now will be to hold what is called a Rule 24 hearing - scheduled
April 6 - in which a Forsyth County judge will determine whether prosecutors
have enough aggravating factors to pursue the death penalty. Forsyth County
District Attorney Jim O'Neill said he could not comment on the case but said
that in general, state law requires a jury trial when prosecutors pursue the
death penalty. If a defendant is convicted of 1st-degree murder, a jury then
decides whether to recommend a death sentence.
According to an autopsy report, Corey died from a laceration of the liver
caused by blunt force trauma to his abdomen, meaning the 2-year-old was punched
or hit in the stomach. Winston-Salem police went to a house in the 2800 block
of Piedmont Circle around 5:50 p.m. on Aug. 12, 2014. According to the autopsy,
Corey was found in the bathroom.
He had bruises on the left side of his face near his mouth and also had
contusions on his upper right chest and on his forehead. The autopsy report
said police believed Corey had been struck, possibly by a belt.
Winston-Salem police have said Reed and another adult had been taking care of
Corey that day and that Reed had been dating one of Corey's relatives. Police
have not identified either the relative or the other adult taking care of
Corey.
No trial date has been set. Reed is in the Forsyth County Jail with no bond
allowed.
(source: Winston-Salem Journal)
ALABAMA:
Alabama Supreme Court rejects John Clayton Owens' bid to have state's death
penalty ruled unconstitutional
The Alabama Supreme Court has rejected a request by John Clayton Owens' lawyers
to rule the state's death penalty system unconstitutional.
The court denied the request without comment this afternoon.
Attorneys Brian Clark and Ron Smith filed the petition last month on the eve of
Owens' capital murder trial. Owens was found guilty of capital murder in the
August 2011 death of 91-year-old Doris Richardson on Bide-a-wee Drive near Five
Points in Huntsville.
The jury was then asked to decide on whether to recommend the death penalty or
life without parole. The jury voted 10-2 in favor of the life without parole,
after just 35 minutes of deliberation. The verdict took about 8 hours.
Under Alabama law, the judge has the final say and can override the jury
recommendation and sentence Owens to death.
But that system, where the judge, not the jury, has the final say is
unconstitutional, Owens' lawyers argued. They cited the U.S. Supreme Court's
January decision in Hurst vs. Florida, which struck down the Florida death
penalty system.
Alabama's system is very similar to Florida's, but the Alabama Attorney
General's office has said there is a key difference that makes it
constitutional. The U.S. Supreme Court said the problem is the jury is not the
final finder of fact in Florida in determining sentencing, since the judge
holds a separate evidentiary hearing.
Alabama's judges also do fact-finding before capital murder sentencing, but the
Attorney General's office has said that as long as the jury has found 1
aggravator - evidence that shows the defendant deserves the death penalty - the
law is constitutional.
The capital murder charge against Owens is that he burglarized Richardson's
home along with strangling her. In Alabama, burglary is 1 of the aggravators
that a jury can find as a basis for recommending a death sentence.
In rejecting the defense's request to throw out the death penalty law in Owens'
trials, Madison County Circuit Judge Alison Austin cited the fact that the
charge contained an aggravator, meaning they found an element that could
justify a death sentence.
The defense has also argued that Alabama's system has jurors weigh the
aggravators and mitigators - any fact that would make life in prison, rather
than death, the appropriate sentence - in reaching their recommendation. The
defense contends that if the jury itself doesn't find sufficient weight to
recommend a death sentence, under the Hurst ruling, the judge cannot override
the decision.
Owens sentencing is set for April 20.
(source: WHNT news)
**************
Lindsay jury hears of a broken childhood, and a sister's regret
Jurors in the Stephon Lindsay capital murder trial have heard numerous details
of a troubled childhood, and the tearful anguish of a sister's regret.
Those jurors found Lindsay guilty of capital murder on Tuesday in the death of
his 20-month-old daughter, Maliyah.
This happened 3 years ago this week. Lindsay slashed her throat and chopped her
neck with some type of sword, telling police his God, "Yahweh," wanted her
gone.
Jurors are now hearing the penalty phase, where they will determine whether to
recommend the death penalty or life in prison without parole. Etowah County
Circuit Judge Billy Ogletree will make the final determination.
The last witness on Wednesday was Lindsay's sister, Tiffany Tolbert. She is a
mother of three. Tolbert broke into tears as she recalled the last day she ever
saw Maliyah alive.
Tolbert had taken Maliyah's mother, Tasmine Thomas, to the grocery store while
Lindsay watched the children. When Tolbert saw him that evening she said he was
nervously pacing back and forth, something that was out of character for him.
That night, she says Lindsay told her repeatedly to take Maliyah for the night,
and she kept saying she couldn't.
Lindsay's statement to police indicate that was the night he killed Maliyah. He
told his girlfriend, Thomas, that Maliyah was staying for a few days at
Tolbert's house, and asked his sister to tell Thomas that Maliyah was with her
if she asked.
Earlier in the day, Gadsden police investigator Wayne Hammonds choked back
tears as he recalled Maliyah's death and the crime scene. Her body was dumped
into a trash pile. Hammonds told jurors he thought the crime was especially
"heinous, atrocious and cruel," when compared to other capital crimes. That's
because he imagined her having complete trust in her father, then her last
moments on earth having to experience him hitting her in the throat with a
sword. Hammonds also told the jury he has a son himself.
A defense-hired mitigation expert, Talitha Bailey, testified going through DHR
records to uncover the puzzle pieces of a broken childhood. Bailey described
how social workers with the Etowah County Department of Human Resources were
called out numerous times between 1979 to 1991 to investigate Lindsay's and his
sister's living conditions. The most frequent complaint, said Bailey, was that
the children were left alone while their mother went out drinking or doing
drugs. In 1991, the children were finally pulled from the home when a social
worker found Lindsay and his sister playing in the yard with the house doors
locked. When their mother finally came to the door, she was drunk.
Jeffrey Miller, Lindsay's former stepfather, testified that before age seven,
Lindsay took a cigarette lighter under a bed in an attempt to find his toy
spider. In doing so, Lindsay accidentally set the bed on fire. His aunt was
lying in the bed and died from the fire.
When asked if Miller remembered Lindsay ever getting counseling over that
incident, he said "I doubt it."
Tolbert also described her brother as mischievous when he was younger,
eventually getting kicked out of school. She says until the day of Maliyah's
death, she fully trusted Lindsay around her own children, and he even babysat
them the day of Maliyah's death.
Testimony is set to resume Thursday morning in the penalty phase.
(source: WBRT)
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