Dec. 14
TEXAS:
Texas leads the nation in executions, but its death row population is
dropping----Texas executed more people than any other state this year, but
fewer new death sentences has led to a shrinking death row population.
The number of inmates on Texas' death row dropped again this year, continuing a
decades-long trend.
The decline is caused largely by fewer new death sentences and more reduced
punishments in recent years, according to end-of-year reports released Thursday
by groups critical of the death penalty in Texas and across the country. But
Texas still held more executions than any other state.
"Prosecutors, juries, judges, and the public are subjecting our state's death
penalty practices to unprecedented scrutiny," said Kristin Houle, executive
director of the Texas Coalition to Abolish the Death Penalty, in the release of
the group's annual report. "In an increasing number of cases, they are
accepting alternatives to this flawed and irreversible punishment."
Kent Scheidegger, legal director of the Criminal Justice Legal Foundation,
which has supported death penalty practices in legal cases throughout the
country, said he agrees that the decline is partially due to shifting attitudes
among jurors and prosecutors, but added that death sentences are also down
because there has been a drop in the murder rate nationwide.
"The support for the death penalty for the worst crimes remains strong," he
said.
There are currently 234 inmates living with death sentences in Texas, according
to the state's prison system. That number has been dropping since 2003. The
death row population peaked at 460 in 1999, according to the Bureau of Justice
Statistics.
Here's how the death row population has changed over the last year:
7 men were executed.
The same number of men were put to death this year as in 2016, which had the
fewest executions in 2 decades. But even with its relatively low number, Texas
was still the state with the most executions in the country. This isn't unusual
given that the state has put to death nearly 5 times more individuals than any
other state since the death penalty was reinstated in 1976, according to the
Death Penalty Information Center.
Texas accounted for 30 % of the nation's 23 executions in 2017. Arkansas was
2nd in the country with 4. Last year, Georgia put more people to death than
Texas - the 1st time Texas hasn't been responsible for the most executions
since 2001.
4 more men got cells on death row.
1 more person was sentenced to death this year than in 2015 and 2016, when only
3 men were handed the death penalty in each of those years.
The number of new sentences, which ranged in the 20s and 30s each year in the
early 2000s, dropped in 2005 after jurors were given the option to sentence
convicts to life without the possibility of parole as an alternative to the
death penalty. Before then, if a capital murder convict wasn't sentenced to
death, he or she would be eligible for parole after 40 years. About 10 people
in Texas were sentenced each year after that until the additional decrease in
2015. 2 men died while awaiting execution.
Joseph Lave and Raymond Martinez both died this year before they were taken to
the death chamber, even though they had had extended stays in prison. Lave
passed away more than 22 years after his murder conviction, and Martinez had
lived more than 30 years with a death sentence.
4 men had their sentences changed from death to life in prison.
2 U.S. Supreme Court decisions this year have so far resulted in the reduction
of 3 death sentences to life in prison. The high court ruled against Texas in
the death penalty cases of Duane Buck and Bobby Moore.
Buck reached a plea agreement with Harris County prosecutors to change his
death sentence to life in October after a February ruling by the court said his
case was prejudiced by an expert trial witness who claimed Buck was more likely
to be a future danger because he is black.
In Moore's case, the justices invalidated Texas' method for determining if a
death-sentenced inmate was intellectually disabled and therefore ineligible for
execution. Though Moore's case has yet to be resolved (Harris County has asked
the Texas Court of Criminal Appeals to reduce his sentence to life), 2 other
men on death row with intellectual disability claims received life sentences
after the ruling.
Another man this April received a new punishment hearing in a 1991 murder and
pled guilty, landing four consecutive life sentences over the death penalty,
according to the Texas death penalty report.
9 men narrowly escaped execution - for now.
Executions were scheduled - then canceled - for 9 men this year. 6 were stopped
by the Texas Court of Criminal Appeals in light of pending appeals, and one was
stopped by a federal court, the report said.
1 man, Larry Swearingen, evaded execution in November because of a clerical
error, and convicted serial killer Anthony Shore's death was postponed because
prosecutors were concerned he would confess to the murder for which Swearingen
was convicted.
(source: Texas Tribune)
PENNSYLVANIA:
Convicted killer asks judge for DNA test of evidence 35 years after murder
Convicted killer James J. Koedatich wants his DNA tested to prove he did not
rape and murder Parsippany teenager Amie Hoffman in 1982, his lawyer told a
judge Wednesday.
Koedatich, who was found guilty of murdering Deirdre O'Brien, 25, of Mendham
Township 2 weeks after Hoffman was killed, sought to reopen just the Hoffman
case. He filed a motion earlier this year to have his DNA compared to semen
found in Hoffman's body during her autopsy.
Morris County Assistant Prosecutor Christopher Schellhorn said he is actively
working with multiple agencies to determine whether slides containing the semen
have been retained by authorities, including the state Medical Examiner's
Office and the Morris County Medical Examiner's Office.
"My office is coordinating with all the offices involved," Schellhorn told
Superior Court Judge Paul Armstrong.
The questions that need to be answered are whether the slides have been
retained and whether the samples are of sufficient quality to undergo DNA
testing, attorneys said. If the samples are found, Koedatich would willingly
provide a DNA sample for comparison purposes, his lawyer said. Testing would
occur at a State Police laboratory.
Schellhorn noted that Koedatich's DNA was not tested against the samples from
Hoffman's body in 1982 because the science was not established at that time.
The Prosecutor's Office is not opposed to the testing. DNA was found to be
scientifically reliable as evidence in New Jersey courtrooms in 1996.
Koedatich's motion pertained only to the rape and murder of Hoffman, 18, who
was abducted on Nov. 23, 1982 after leaving her job at the Surprise Store at
the Morris County Mall in Hanover Township. Her body was found 2 days later in
a water holding tank in Randolph Township. The Parsippany Hills High School
senior and cheerleader had died of multiple stab wounds.
Koedatich also was convicted of kidnapping and murdering O'Brien, Dec. 5, 1982.
His motion does not seek to reopen the O'Brien slaying.
"Back then they couldn't determine whose semen that was," Bilinkas said after
the hearing. "They didn't do DNA testing. Now, with all the procedures, they
clearly can determine whether it was Mr. Koedatich."
If viable samples are found, compared to Koedatich's DNA and show he was not
the source of the semen, the Hoffman case would be re-opened.
Hoffman's parents have since died, but her sister has been notified of the
motion. Prominent victim's rights advocate Richard Pompelio is in touch with
Hoffman's sister and was in court Wednesday for the brief hearing.
"He's got nothing else to do in prison. One of the many jailhouse lawyers put
this idea in his head," Pompelio previously said of the motion.
Extra security was in place for Koedatich's appearance, including the state
corrections officers, Morris County sheriff's officers and members of the
Sheriff's Office Emergency Response Team.
Koedatich's appeals of the 2 convictions have long been exhausted and he is
serving consecutive life sentences at New Jersey State Prison.
His trials for the Hoffman and O'Brien murders were capital punishment cases in
which the death penalty was sought. The O'Brien jury was not unanimous in
voting for death so his sentence was life. The Hoffman jury voted for the death
penalty but the Supreme Court reversed and remanded for a new death penalty
phase. The new jury did not vote for the death penalty.
According to 1982 published reports, women in Morris County were warned not to
travel alone at night following the 2 murders. Koedatich brought himself to the
attention of law enforcement in January 1983 by stabbing himself in the back
then telling police he was run off the road and stabbed by an assailant. His
vehicle was inspected as part of the investigation and a county sheriff's
officer noticed the tires on Koedatich's car matched the tire prints left at
the scene of O'Brien's abduction in Morris Township.
Koedatich also served 11 years in prison after being found guilty of killing
his roommate in Florida in the 1970's. According to news accounts, while
serving that sentence he killed another inmate, but it was ruled self-defense.
He was released from the Florida prison in 1982, a few months before the murder
of the 2 Morris County women, according to news accounts.
(source: daily record.com)
****************
Cosmo DiNardo may still face death penalty in Bucks County murders
The suspect in the murders of 4 men, whose bodies were found buried on a Bucks
County farm this past summer, may end up facing the death penalty after all.
Cosmo DiNardo, 20, had previously made a deal with prosecutors that would allow
him to avoid the death penalty if he helped investigators.
On Wednesday, the Bucks County district attorney's office filed a notice in
court that indicates prosecutors reserve the right to seek the death penalty if
DiNardo is convicted and stops helping in the investigation.
DiNardo along with his cousin and alleged accomplice, 20-year-old Sean Kratz,
are due in court for an arraignment Thursday.
A separate court filing on Wednesday indicates Kratz still faces the death
penalty in this case.
Authorities say the four victims were lured to the farm and then shot back in
July. Their bodies were then moved with a backhoe, burned and buried.
DiNardo is facing charges of conspiracy, murder, abuse of a corpse and robbery
in connection with the deaths of Dean Finocchiaro, Jimi Patrick, Mark Sturgis
and Tom Meo.
Their bodies were discovered in July buried on a DiNardo family farm in
Solebury.
(source: WPVI TV news)
FLORIDA:
Santa Rosa County jury weighs death penalty in murder of Milton couple
A Santa Rosa County jury that convicted a man of murdering a Milton couple over
oxycodone pills must now decide whether to recommend the death penalty in the
case.
Last week, the same jury found Derrick Ray Thompson, 45, guilty of 2 counts of
1st-degree murder for killing Steven and Debra Zackowski.
Thompson was doing electrical work at a home the Milton couple was building in
2014 and was being paid for the work in opioid pills. Thompson told the jury he
became addicted to painkillers after he hurt his back at work 2 years ago.
Thompson believed Steven Zackowski was shorting him on pills, and on July 20,
2014, he went to the couple's home and shot and killed them both.
The state is seeking the death penalty for Thompson, claiming his actions were
premeditated.
But defense attorney Michelle Hendrix claimed Wednesday that Thompson's
debilitating addiction rendered him unable to comprehend what he was doing.
She said he bought the gun used in the murders the day before because he was
planning to commit suicide.
The defense questioned expert witness Daniel Buffington, a forensic
pharmacologist, about the impact of opioid addiction on patients.
He told the jury that everyone has a different tolerance level, but anyone who
uses a drug will eventually gain a tolerance to it that pushes them to continue
using more of it.
Thompson was prescribed increasing doses of oxycodone without much medical
oversight, Buffington said. In the months before the Zackowskis' murders, he
was being prescribed 135 pills per month.
"The drive for the substance begins to interfere with even everyday
activities," Buffington said.
Prosecutor John Molchan asked Buffington how many opioid addicts had committed
1 murder - let alone 2 - and Buffington said he did not have those statistics.
Thompson wiped tears from his eyes as his former high school friend, Kevin
Cobb, described their friendship and Thompson's reserved, quiet nature.
Cobb said he has been writing to Thompson during his incarceration, and the 2
men have discussed faith and Thompson's remorse.
When asked about Thompson's demeanor, Cobb said he was "broken."
The defense rested its case at about 2 p.m., and the state then brought forward
its only witness.
Forensic psychologist Gregory Prichard said the defense's argument that
Thompson didn't understand the criminality of his actions was irrelevant
because of what Thompson did after the murders.
Police claim Thompson stole the Zackowskis' truck and drove to Panama City,
where he killed another man, Allen Johnson. Thompson then allegedly stole
Johnson's truck and drove to a hunting camp in rural Alabama, where he was
eventually apprehended.
Thompson still faces 1 count of murder in Bay County for Johnson's death.
The jury will begin deliberating the death penalty portion of Thompson's case
Thursday morning. Under new Florida law, the jury must unanimously recommend
the death penalty for it to be imposed.
(source: Pensacola News Journal)
*****************
State Attorney Ayala not alone in missing death penalty deadline
When Orange-Osceola State Attorney Aramis Ayala missed a key deadline this fall
to seek the death penalty against an accused murderer, Gov. Rick Scott blasted
the elected prosecutor.
"It is absolutely outrageous that Aramis Ayala failed to seek justice in the
case against Emerita Mapp," the governor said in a Nov. 17 statement. "I have
been clear that I stand with the victims of crime and their families and they
deserve answers from the State Attorney's Office on how this critical deadline
was not met."
Likewise, Florida Attorney General Pam Bondi expressed dismay with Ayala for
missing the death penalty filing deadline by 3 weeks.
"What (Ayala) did is inexcusable in failing to meet a deadline required in a
capital case," Bondi said in a statement earlier this week. "In no way do we
condone her behavior. She continues to demonstrate that she is incompetent and
unwilling to handle capital cases."
Yet when David Aronberg, the state attorney of Palm Beach County, recently
missed a similar deadline to seek the death penalty in a murder case there,
Scott and Bondi offered no public criticism.
Likewise, the governor and attorney general have not publicly demanded answers
from Aronberg about why his office missed the filing deadline by 2 weeks.
"Only State Attorney Ayala has issued a blanket statement that their office
wouldn't seek the death penalty," the governor's office told News 6.
Representatives with Scott's office did not answer specific questions posed by
News 6, including whether the governor had contacted the Palm Beach County
State Attorney's Office about its delinquent death penalty filing.
"This is like comparing apples and oranges," said Bondi's spokesperson, Whitney
Ray, who confirmed the attorney general's office has not issued any statements
critical of Aronberg's missed death penalty deadline.
"State Attorney Ayala has been defiant in following the law, whereas Aronberg's
office made one mistake," Ray said.
Palm Beach County prosecutor misses death penalty deadline
In October, Aronberg's office was 14 days late in filing court papers required
to seek the death penalty against Tashane Chantiloupe.
Authorities in Boca Raton said Chantiloupe gunned down an acquaintance who had
been a key witness in a previous criminal case against the accused murderer.
Under Florida law, prosecutors must file a notice to seek the death penalty
within 45 days of the defendant's arraignment.
Aronberg's spokesperson declined to comment on why the deadline was missed,
saying it would be in appropriate to comment on a specific case that is still
being prosecuted by their office.
Aronberg has filed a motion in court attempting to seek capital punishment
against Chantiloupe despite missing the filing deadline.
Unlike Aronberg, Ayala has been a vocal opponent of the death penalty.
"(Aronberg's) office seeks death in approximately 35 % of all 1st-degree murder
cases and Ayala seeks them in none," Ray said. "(It's) an oversight versus a
state attorney who refuses to follow the law."
Ayala previously fought death penalty
While Ayala has not personally directed her office to seek capital punishment,
a panel of her employees tasked with making such decisions has filed death
penalty notices in 3 homicide cases, 2 of which remain open.
Ayala has previously expressed reluctance to seek capital punishment, citing
its high cost, lack of deterrence and lengthy appeals process. In March, Ayala
announced her office would not seek capital punishment in any case prosecuted
by her office.
Ayala's decision prompted Scott to reassign more than two dozen potential death
penalty cases to a neighboring state attorney's office. In response, Ayala
unsuccessfully sued the governor, claiming he overstepped his authority by
removing cases from her office.
After the Florida Supreme Court ruled that Ayala had a legal obligation to
consider capital punishment on a case-by-case basis rather than implementing a
blanket policy against it, the state attorney established a panel of
prosecutors to review potential death penalty cases.
Since September, Ayala's 7-member panel has unanimously recommended capital
punishment in 3 cases, including Mapp.
In Mapp's case, Ayala blamed the missed death penalty filing deadline on Scott
for failing to reassign the case to neighboring State Attorney Brad King.
"The governor missed it," Ayala told News 6, pointing out that other murder
cases filed before and after Mapp's arrest had been reassigned to King. "If you
look at the timeline, it was the governor who said he was reviewing it."
"It is outrageous State Attorney Ayala is attempting to pass the blame for her
failure," Scott said in response. "Let's be clear - State Attorney Ayala failed
to meet this deadline and she alone is responsible for not fighting for justice
for the victims in this case."
Last week, Ayala announced that Mapp had agreed to a plea deal in which she
will be sentenced to life in prison.
"The prosecutor felt it was in the best interest of justice to honor the offer
(of life in prison), which was relayed prior to the 45-day (death penalty
notice) deadline," Ayala said. "As a result of this plea, Emerita Mapp will
ultimately die in prison and the family of the victims will not have to endure
the long and difficult process associated with a death penalty trial."
Ayala cites missed deadline in Palm Beach County case
In a letter sent to the governor Monday, Ayala referred to the Chantiloupe case
now being prosecuted in Palm Beach County.
In that case, the state attorney's office has filed a motion arguing that the
delay in filing a death penalty notice has not violated the accused murderer's
rights.
"To automatically punish the state for the 2-week delay in this nascent capital
case would improperly elevate form over substance," Aronberg wrote.
In the motion, Aronberg cites several Florida laws he believes will allow him
to seek the death penalty against Chantiloupe despite the missed deadline.
Prior to reaching a plea agreement with Mapp, Ayala suggested her office might
use a similar legal strategy to keep the death penalty on the table.
"We were well-aware of relevant case law supporting the legal argument that a
missed deadline creates no prejudice," Ayala wrote in her letter to the
governor.
(source: clickorlando.com)
ALABAMA----new execution date
Execution date set for convicted killer in Alabama who is terminally ill
The Alabama Supreme Court on Wednesday set an execution date for a man who has
spent 30 years on the state's death row.
Doyle Lee Hamm, 60, is scheduled to die on Feb. 22, 2018, according to
Wednesday's order. Hamm has been at Holman Prison since December 1987 after
being convicted in the murder of Patrick Cunningham.
Cunningham, an employee of Anderson's Motel in Cullman, was killed during a
robbery that apparently netted about $410. In the course of the investigation,
Hamm confessed to the murder; in exchange for being allowed to plead guilty to
lesser offense, 2 accomplices testified against him. Hamm was from Mississippi
at the time.
His lawyer said in a press release also issued Wednesday that Hamm is
terminally ill and that execution would constitute "cruel and unusual
punishment," in violation of the Eighth Amendment of the U.S. Constitution.
Attorney Bernard E. Harcourt, his lawyer and a professor of law and political
science at Columbia, said Hamm has been battling cranial and lymphatic cancer
for over 3 years. Treatment for the illness has compromised his veins, and
lethal injection would likely cause "cruel and needless pain," according to
papers filed by Harcourt, who has represented Hamm since 1990.
"What we're litigating right now is the specific venous protocol for lethal
injection as applied to Doyle's situation, given his lymphatic cancer, rather
than the general cruelty of the drug cocktail in Alabama," says Harcourt, the
Isidor and Seville Sulzbacher Professor of Law, Professor of Political Science,
and executive director of the Eric H. Holder Initiative for Civil and Political
Rights. "Overall, I have to say, it's inhumane to execute somebody who's at the
end of his life suffering and battling with cancer."
Harcourt retained Dr. Mark Heath, an anesthesiologist and professor of medicine
at Columbia University, to examine Hamm in late September 2017. Heath assessed
Hamm's condition by using Harcourt's tie as a tourniquet to probe for veins
because corrections officials did not allow him to bring medical equipment into
the prison.
"There are no accessible veins on [Hamm's] left upper extremity (arm/hand) or
either of his lower extremities (legs/feet)," Heath found. Use of one
"potentially accessible" vein on Hamm's right hand "would have a high chance of
rupturing the vein and being unsuccessful," he added in a written statement
Harcourt filed with the court.
The inability of corrections personnel to inject the drugs properly could
"cause Mr. Hamm to become paralyzed and consciously suffocate" and would be "an
agonizing death," said Heath, whose research has documented problems in the
administration of lethal injections nationwide.
7 % of lethal injections in the U.S. between 1890 and 2010 were botched,
according to data compiled by the Death Penalty Information Center.
Harcourt asked the court to order corrections officials to disclose how they
would successfully complete venous access for the execution, to appoint a
special master to oversee a proper medical examination in advance, and to
approve an agreed-upon protocol to "humanely achieve lethal injection."
Harcourt has fought to have Hamm's death sentence reduced to life in prison
without the possibility of parole, arguing, among other things, that Hamm was
sentenced based on an unconstitutional prior conviction and after ineffective
assistance of counsel. In 2016, the U.S. Supreme Court declined to hear Hamm's
appeal.
Harcourt is assisted in the appeal by 2 students, Nika Cohen and Phoebe Wolfe,
both in their 3rd year at Columbia Law School. Egon Von Conway, a 2017 graduate
of Columbia College; Isadora Ruyter-Harcourt, a 2016 graduate of Barnard
College; and Anna Krauthamer, executive coordinator of the Columbia Center for
Contemporary Critical Thought, are also working on Hamm's case and supporting
the legal team.
In court papers, Harcourt points to the case of David Nelson, a death row
inmate in Alabama whose veins were found to be unusable. Heath examined Nelson
and testified on his behalf. Nelson's execution was stayed in 2003; he died in
prison in 2009.
Hamm's execution is the 2nd one already set for 2018.
The Alabama Supreme Court set Jan. 25 for the execution of Vernon Madison, who
was convicted of killing a Mobile police officer more than 30 years ago. The
U.S. Supreme Court recently ruled Alabama can execute Madison-- who claimed to
be mentally incompetent and was granted a stay of execution in 2016.
(source: al.com)
***************
Appeals court upholds decision in death penalty case
The Alabama Court of Criminal Appeals upheld an Etowah County Circuit Court
ruling dismissing a death-row inmate's post-conviction petition.
Timothy Scott Boyle was convicted and sentenced to die after the 2005 death of
his girlfriend's 2-year-old daughter.
The girl was taken to a Gadsden hospital Oct. 26, 2005, and later died as a
result of brain swelling from a blunt force trauma injury to her head. She also
was found to have bruises and a cigarette burn.
At trial, her then-5-year old sister testified that Boyle hit the girl's head
on a car door while putting her in her car seat about a week before her death,
and that the night before she went to the hospital, he threw the toddler
against the side of the bathtub and held her head underwater several times.
The sister said Savannah threw up in the bed they shared that night, and the
next morning, she could not wake her.
Evidence at the trial included vomit-stained sheets investigators found at the
Rainbow City apartment.
Boyle's attorneys sough post-conviction relief claiming he had ineffective
counsel during his trial and in the sentencing portion of his trial in 2009.
In March, Etowah County Circuit Judge David Kimberley dismissed the motion.
Boyle's lawyers appealed the decision to the Alabama Court of Criminal Appeals,
which upheld Kimberley's decision.
(source: gadsdentimes.com)
OHIO:
Mentor-on-the-Lake death penalty case: New trial confirmed by Ohio Supreme
Court
It's official.
The former Perry Township man who was sentenced to death row for a Mentor
woman's rape and murder will get a new trial.
The Ohio Supreme Court has refused to reconsider its previous decision that
reversed Joseph Thomas' convictions.
Thomas was found guilty in 2012 for the death of Annie McSween.
The 49-year-old victim's body was found on Nov. 26, 2010, in a wooded area
outside of Mario's Lakeway Lounge in Mentor-on- the-Lake, where she worked as a
bartender.
Lake County Prosecutor Charles Coulson said he is disappointed the high court
did not grant his request to reconsider the case.
"In my opinion, the court's reasoning for reversal was both factually and
legally flawed as pointed out in our motion for reconsideration," Coulson said.
"Now we will have to retry the case."
A new trial date before Lake County Common Pleas Judge Richard L. Collins Jr.
had not yet been scheduled.
Thomas will remain in prison until trial, the prosecutor said.
After Thomas was convicted, Collins chose to adopt the jury's recommendation of
death rather than downgrade the sentence to life in prison. In a 4-3 vote in
October, the Supreme Court overturned the death sentence and ordered a new
trial be scheduled for Thomas.
The Lake County Prosecutor's Office then filed a motion for reconsideration,
arguing that the high court's majority neglected to fully analyze the issues,
confused legal standards and failed to use its own law, instead "cherry-picking
cases from outside Ohio" to make its decision.
McSween was strangled and stabbed multiple times in the neck and back on Black
Friday. The power lines to the bar had been cut, and McSween and 2 other women
had their tires slashed.
Thomas has maintained his innocence and claimed he had no motivation to commit
the crime.
Although Thomas had frequently been seen carrying a blue pocketknife before
that night, it was not recovered during the criminal investigation. At trial,
prosecutors introduced five other knives Thomas owned, describing them as "full
Rambo combat knives."
Justice Terrence O'Donnell wrote the court's lead opinion, which determined the
trial court committed plain error by admitting those 5 knives that prosecutors
knew were not used in the crime into evidence. The majority found a reasonable
probability that the error affected the outcome of the trial, and that reversal
was necessary to prevent a manifest miscarriage of justice.
"The state claims that the Court has ignored Ohio cases on this evidentiary
issue, in favor of cases from other jurisdictions. That is a false and unfair
accusation," Thomas' appellate lawyer Timothy F. Sweeney argued.
The 3 dissenting justices found the prosecution presented substantial evidence
to support the jury's verdict independent of the admitted knife evidence.
(source: news-herald.com)
CALIFORNIA----new death sentence
Jurors vote for death penalty for mother's boyfriend in torture killing of
8-year-old Palmdale boy
Jurors on Wednesday voted for the death penalty for a man convicted of fatally
torturing his girlfriend's young son - a savage slaying that led to sweeping
reform within Los Angeles County's child-welfare system.
The verdict ended a murder trial in which jurors heard and saw disturbing
evidence about how 8-year-old Gabriel Fernandez suffered repeated abuse at the
hands of Isauro Aguirre, 37, who stared ahead expressionless as he heard the
pronouncement.
After a bailiff escorted Aguirre from the courtroom, the jury forewoman read
aloud from a public statement written by the panel, which had deliberated for
about 7 hours over 3 days.
"We were plucked out of our everyday lives and brought together to serve," she
said. "We came together to bring justice for Gabriel."
When paramedics arrived at the boy's Palmdale home on May 22, 2013, Gabriel was
unconscious and had a cracked skull, broken ribs, burned and bruised skin,
missing teeth and BB pellets lodged in his groin. He died 2 days later after
being removed from life support.
During closing arguments in the penalty phase of Aguirre's trial, Deputy Dist.
Atty. Jonathan Hatami told jurors that in the months leading up to the boy's
death, the defendant had reveled in his brutalization, forcing Gabriel to eat
cat feces and his own vomit. The boy slept in a small cabinet, the prosecutor
said, with his ankles handcuffed, his hands bound and his mouth gagged with a
sock.
"No human with a heart and soul could do that to an innocent little boy,"
Hatami told jurors, arguing that Aguirre hated the boy because he suspected he
was gay.
As the prosecutor detailed the abuse - the boy was punched in the face with
such force, he said, that skin was missing from his chin and nose - 2 jurors
cried softly and several closed their eyes.
Hatami asked the jurors to "show the defendant the exact same mercy he showed
Gabriel."
Deputy Public Defender John Alan also spoke of mercy, asking jurors to sentence
his client to life in prison without parole, instead of death.
"Mercy isn't something that's ever earned," he said. "It's something that is
freely granted."
Alan reminded jurors that during the trial, some of Aguirre's family members
and co-workers at a retirement home, where he worked as a caregiver for elderly
people, had testified that they hoped his life would be spared as they knew him
to be "gentle, kind, patient, respectful." A juror shook her head.
The defense attorney said even the lesser sentence of life in prison was
"severe" and terrified his client, adding that Aguirre likely has a learning
disability.
Last month, during closing arguments in the guilt phase of Aguirre's trial, his
other attorney, Deputy Public Defender Michael Sklar, said although his client
"was completely out of control," he hadn't tried to kill the boy. Aguirre had
acted in a burst of rage, the attorney argued, and therefore was guilty of
2nd-degree murder, but not a higher charge.
Aguirre was convicted of 1st-degree murder on Nov. 15 and jurors also found
true the allegation that the murder was committed using torture.
After the penalty was read Wednesday, the prosecutor appeared misty-eyed and
held a tissue in his hand. Nearby, Gabriel's father sat solemnly, staring at
the floor. As he walked out of the courtroom, he locked eyes with a sheriff's
detective who helped investigate the case. "Thank you," he whispered. The
detective nodded, patting him on the back.
Outside of the courthouse, a juror, who asked to be identified only as a
25-year-old who works in social media, said even a death sentence didn't seem
like "enough justice." Throughout the trial, she said, she woke up each morning
with Gabriel on her mind - he was there, too, as she fell asleep each night.
The photographs of his small, battered body - the bruises and blood on his neck
- will stay with her forever, she said.
"It's heartbreaking," she said.
Gabriel's death led as well to criminal charges against L.A. County social
workers, who left the boy in the home with his mom and her boyfriend despite 6
investigations into abuse allegations involving his mother, Pearl Sinthia
Fernandez, who is also charged with murder.
At a court hearing for the social workers earlier in the year, a judge said
that their actions amounted to criminal negligence, adding that in the months
before the boy's death "red flags were everywhere."
Sheriff's deputies also visited the home multiple times in the months before
the killing and prosecutors noted in court papers that some of the deputies
were later disciplined in connection with Gabriel's death.
Aguirre is scheduled to be sentenced on March 8.
(source: Los Angeles Times)
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Alleged 1980 child killer charged with murder, could face death penalty
On Wednesday prosecutors filed a special circumstances murder charge against
Mitchell Lynn Bacom for the 37-year-old kidnapping and homicide of a young teen
girl, capping off the surprise announcement this week that the case had been
solved.
Bacom, 63, is accused of of murdering 14-year-old Suzanne Bombardier in 1980 by
stabbing her to death. The lone charge carries enhancements that accuse Bacom
of burglary, kidnapping the young teen, and molesting her, which could make him
eligible for the death penalty.
Bacom denied a reporter's request to interview him in jail Tuesday.
Typically in special circumstances cases, the Contra Costa District Attorney's
office forms a committee of veteran prosecutors to make a recommendation about
whether to seek death. Recently-appointed DA Diane Becton, a retired judge who
has spoken out against the death penalty, will have the final say.
If the death penalty is taken off of the table, Bacom will be looking at a
possible sentence of life without parole, if convicted of murdering Suzanne.
"That process could take months," Deputy District Attorney Barry Grove said
Wednesday, after he filed the case.
Bacom remains in county jail, and his arraignment has been scheduled for
Thursday at 9 a.m. If he enters a plea, he is entitled to a preliminary hearing
- where prosecutors publicly unveil the bulk of the evidence against him -
within 60 days, but many defendants waive that right.
The unexpected news of Bacom's arrest has revived the shock and horror felt by
the local community more than 37 years ago, when Suzanne turned up missing
while babysitting 2 of her nieces.
Investigators determined that she was taken against her will during the early
morning hours of June 22, 1980. Her body was found floating in the Antioch
river 5 days later. Police recovered small, degraded biological material from
her body, but it would take until 2017 before DNA technology improved enough to
generate a usable profile, which was ultimately run through a federal database
and matched to Bacom.
Bacom was employed as a truck driver who hauled chemical tanks and had held odd
jobs over the years as both a truck driver and auto mechanic, according to
Bacom's sister, Marsha Wooldridge.
Former lead investigators on the case said this week that Bacom knew the family
and had tried to date Suzanne's sister, and their mother. He had been a
longtime suspect in the killing, which went cold and frustrated all who worked
on it. Local authorities credited retired Antioch police Cpt. Leonard Orman,
who was hired back to work on this and other cold cases, with never forgetting
Suzanne.
"Leonard is a pit bull when it comes to these cases and won't let go," Sgt. Tom
Fuhrmann said after news of the arrest.
Bacom was convicted of attempted murder in 1973 after he sliced a woman's
throat, and 25 years later admitted to a reporter he'd tried to kill her.
Authorities say he is a person of interest in similar area killings, but have
also cautioned against jumping to conclusions.
"You really need something tangible," said Paul Holes, chief of forensics for
the Contra Costa District Attorney"s office. "It can't just be a suspicion."
(source: Contra Costa Times)
USA:
U.S. Sees 2nd Fewest Death Sentences and Executions in 25 Years
Public Support for Death Penalty Drops to 45-Year Low as 4 More Death-Row
Prisoners Exonerated in 2017
Executions and death sentences remained near historically low levels in 2017,
as public support for the death penalty fell to its lowest level in 45 years,
according to a report released today by the Death Penalty Information Center
(DPIC). 8 states carried out 23 executions, 1/2 the number of 7 years ago, and
the 2nd lowest total since 1991. Only the 20 executions in 2016 were lower. 14
states and the federal government are projected to impose 39 new death
sentences in 2017, the 2nd lowest annual total since the U.S. Supreme Court
declared the death penalty unconstitutional in 1972. It was the 7th year in a
row that fewer than 100 death sentences were imposed nationwide.
The report, graphics, and audio clips are available at
https://deathpenaltyinfo.org/YearEnd2017
"Perhaps more than any place else, the changes in Harris County, Texas are
symbolic of the long-term change in capital punishment in the United States.
For the 1st time since 1974, the county that has carried out more executions
than any other did not execute any prisoner or sentence any defendant to
death," said Robert Dunham, DPIC's Executive Director.
"Across the political spectrum, more people are coming to the view that there
are better ways to keep us safe than executing a handful of offenders selected
from a random death-penalty lottery. There will be times when numbers fluctuate
- particularly following historic highs or lows - but the steady long-term
decline in the death penalty since the 1990s suggests that in most of the
country, the death penalty is becoming obsolete," Dunham said. DPIC provides
information and analysis and tracks data on the death penalty, but does not
take a position for or against capital punishment.
The new death sentences imposed in 2017 highlight the increasing geographic
isolation and arbitrary nature of the death penalty, Dunham said. "By
themselves, 3 outlier counties - Riverside, CA; Clark, NV; and Maricopa, AZ -
were responsible for more than 30% of all the death sentences imposed
nationwide. The other 3,140 counties and parishes imposed fewer new death
sentences than even last year's record low." Riverside imposed 5 death
sentences in 2017, Clark 4, and Maricopa 3, and no other county imposed as many
as 2. It was the 2nd time in 3 years that Riverside sentenced more people to
death than any other county.
States scheduled 81 executions in 2017, but 58 of them - more than 70 % - were
never carried out. Nearly 75 % of executions took place in 4 states: Texas (7);
Arkansas (4); Florida (3); and Alabama (3). But Texas's state courts stayed
seven other executions using new laws to permit those prisoners to obtain
judicial review of false or misleading evidence, and its execution total tied
2016 for the fewest conducted by the state since 1996.
Systemic problems with racial discrimination, flawed or fraudulent forensic
testimony, poor legal representation, and prosecutorial misconduct contributed
to four death-row exonerations in 2017. In 1 exoneration this year, an
African-American man in Louisiana had been convicted of killing his infant son,
even though an autopsy showed his son died of natural causes.
Many believe that the risk of executing the innocent is one of the leading
factors behind the public's decrease in support for the death penalty.
According to the Gallup poll, public support for the death penalty dropped by 5
% in 2017, and Republicans registered a 10 % point drop since last year. This
year's 55 % support marks the lowest level since 1972, just before the U.S.
Supreme Court ruled the nation's death penalty laws unconstitutional.
The Death Penalty Information Center (www.deathpenaltyinfo.org) is a non-profit
organization serving the media and the public with analysis and information on
issues concerning capital punishment. DPIC was founded in 1990 and prepares
in-depth reports, issues press releases, conducts briefings for the media, and
serves as a resource to those working on this issue.
(source: Death Penalty Information Center)
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Republicans reconsidering the death penalty
The mere idea of Republicans sponsoring death penalty repeal bills in great
numbers was once considered an unlikely notion. However, Conservatives
Concerned about the Death Penalty recently released a report revealing how
Republicans are championing measures to end capital punishment at
never-before-seen rates.
The shift is stunning. Consider this: From 2000 to 2012, the annual number of
Republican repeal champions never rose above single digits. Yet, from 2013
onward, the number surged and has been gaining momentum. In fact, in 2016,
Republicans accounted for more than 1/3 of all sponsors nationwide, and there
were 10 times as many elected Republican advocates that year than there were in
2000. What's causing this massive shift?
The makeup of many legislatures across the country has been altered. Following
the emergence of the limited government, constitutional Tea Party revolution
beginning in 2009, numerous conservative activists were elected to state posts.
As a result, legislatures have grown ever more conservative, and many of these
Tea partyers, already suspicious of government's abuse of power, ultimately
concluded that costs associated with implementing the death penalty clashed
with their principles of fiscal restraint.
As many legislatures have swung to the right, their membership is also growing
younger as more millennials are being elected. However, young Americans,
especially Christian millennials, are statistically more likely to oppose the
death penalty. Together, energetic Tea partyers and youthful legislators have
joined with many of their more established Republican colleagues, including
Catholics, who have disapproved of, or at least questioned, capital punishment
for years. When these conservative factions intermingled, they realized that
together they had a real chance at repealing the death penalty for the right
reasons.
These same legislators have been emboldened by their constituents to take
definitive action because voters across all population segments are turning
against the death penalty. Support for the death penalty is at a 45-year low,
with some surveys showing that a clear majority prefers repealing and replacing
the death penalty. This polling is not lost on keen state legislators who
maintain a pulse on their constituents' wishes. Furthermore, many capital
punishment proponents simply aren't that supportive of the program. According
to a Death Penalty Information Center poll, the majority of respondents claimed
that they wouldn't vote against a legislator who supported repeal. With death
penalty opposition rising and capital punishment supporters feeling less than
impassioned, many freshman and veteran legislators alike feel that the time is
right to make a move.
But what caused this drop in conservative support in the first place? While
many had already been opposed to the death penalty, even steadfast proponents
of capital punishment are shifting their views for a number of reasons. First,
there has been an ongoing educational campaign to inform conservatives of the
death penalty's many practical failures. Consequently, conservatives are
recognizing that capital punishment is a broken government program that runs
counter to conservatism's foundational tenets of valuing life, fiscal
responsibility and limited government.
Moreover, the death penalty's high-profile failures are simply too much for
Americans to ignore any longer. All too frequently new stories emerge of
pitiable individuals being wrongly convicted and sentenced to die. The
mistake-ridden program is also costly. Studies are continually released,
exposing the death penalty's high costs to taxpayers. Meanwhile, the few states
that still execute inmates far too often botch these executions - something the
public clearly has no appetite for.
For other voters, their death penalty views boil down to confidence. According
to the Pew Research Center, distrust in the government remains near a record
high. From 2013 to the present, only around 22 % of Americans said they mostly
trusted the government. This pervasive lack of trust extends to the
government-run death penalty, too, and for good reason.
Finally, conservative political leaders are increasingly voicing their death
penalty concerns. I, along with Oliver North, Jay Sekulow, Ron Paul, Michael
Steele, Ramesh Ponnuru and others, have spoken at length about why Americans
should oppose capital punishment. This has demonstrated to many Republicans
that, as conservatives, they ought to work toward the death penalty's repeal.
For me as a conservative, I know that government acts are fraught with
mistakes. As a Catholic, however, my opposition comes from a perspective of
faith. I could not imagine Jesus pulling the switch to end a life - especially
when there are alternatives that still protect the community.
As state legislatures undergo their makeovers, the public turns against the
death penalty, and political leaders voice their capital punishment concerns,
we should expect to see even more from Republican officials. Republicans will
likely continue to sponsor repeal bills with increasing frequency and reverse
the flawed criminal justice policies once advocated by their ideological
predecessors of the 1980s and 1990s.
(source: Richard Viguerie is pioneer of political direct mail for conservative
candidates and is the chairman of ConservativeHQ.com----washingtontimes.com)
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