Feb. 5
PENNSYLVANIA:
Trial for New Florence man, accused of killing police officer, begins Monday
Jury selection is expected to start this morning in Westmoreland County in the
capital murder trial of a New Florence man charged with the fatal shooting of a
police officer in late 2015.
Westmoreland County District Attorney John Peck has said he will seek the death
penalty for Ray A. Shetler Jr. if jurors find him guilty of 1st-degree murder.
Shetler is charged with killing St. Clair Township police officer Lloyd Reed
during a domestic dispute call on Nov. 28, 2015. The prosecution contends Reed,
54, was in uniform when he was shot in the chest by Shetler during an exchange
of gunfire after police responded to a call for help from a woman.
That woman contended her boyfriend, Shetler, was drunk and abusive and had a
weapon.
Shetler has maintained that he did not know that Reed was a police officer when
fired his gun. After the shooting, Shetler fled and swam across the Conemaugh
River before he discarded the murder weapon, prosecutors allege.
The trial before Westmoreland County Common Pleas Court Judge Meagan
Bilik-DeFazio is expected to take about 2 weeks. Jurors are expected to be
taken to the murder scene during the trial.
According to court records, the prosecution said it will ask jurors to sentence
Shetler to death because his victim was a police officer.
In more than 2 decades as district attorney, Peck has put 5 men on
Pennsylvania's death row, which has fewer defendants waiting for execution than
it has in recent years.
According to the state's Department of Corrections, there are 156 condemned men
waiting for execution. No women are on death row.
It was just 2 years ago that more than 200 inmates were on death row, but as a
moratorium on capital punishment imposed by Gov. Tom Wolf in 2015 continued,
the number declined.
Some death sentences were commuted to life prison terms while other defendants
died in prison. 1 such inmate was Michael Travaglia, one of oldest members of
death row who was sent there in 1981 after a Westmoreland County jury sentenced
him to die for the 1980 murder of Apollo police Officer Leonard Miller.
Travaglia, 59, died in September of natural causes following a lengthy illness.
His codefendant, John C. Lesko remains on death row for Miller's shooting.
Kevin Murphy, 57, was sentenced to death in 2013 by a Westmoreland County jury
for the 2009 killings of his mother, sister and elderly aunt in an automotive
glass repair shop the family owned in Loyalhanna Township.
Ricky Smyrnes, 31, formerly of North Huntingdon, was sentenced to death in 2013
for his role 3 years earlier in the torture killing of a mentally disabled
woman in Greensburg. Smyrnes was considered to be the ringleader of a group of
6 roommates convicted in the 2010 killing of 30-year-old Jennifer Daugherty.
Melvin Knight, 28, formerly of Swissvale, also was sentenced to die by lethal
injection for his role in Daugherty's stabbing death but a state appeals court
last year vacated that sentence. A new hearing, in which Peck will again ask
for the death penalty against Knight, is scheduled for later this year.
Last month Peck announced he will seek the death penalty against Rahmael Sal
Holt, an Allegheny County man accused in the November fatal shooting of New
Kensington police Officer Brian Shaw.
Pennsylvania has executed just 3 inmates since capital punishment was
reinstated in 1978. The last execution was in 1999.
(source: Tribune-Review)
DELAWARE:
Former Carney deputy legal counsel jumps in race for attorney general
A 4th person has joined the race for the Democratic nomination for attorney
general: Chris Johnson, formerly the governor's deputy legal counsel, recently
announced he plans to run for the position.
In his announcement speech, Mr. Johnson, 32, pledged to combat inequality and
fight for a fairer legal system.
"My strategy is to unite coalitions of people who face oppression every day,"
he said. "I will be the candidate who speaks up for those whose voices have
been silenced.
"I am not afraid to say that 'Black Lives Matter.' I support the 'Me Too'
movement, and am not afraid to say 'Time's Up.' I will stand up for the rights
up the LGBTQ community. I will stand with our DREAMers, even if Washington will
not. And that's just who I am. Being unwilling to compromise in a world fraught
with bigotry, hatred, and injustice, I stand for a bold new vision for
Delaware."
Mr. Johnson, who resigned his position with Gov. John Carney's office at the
end of January, has previously worked for the city of Wilmington's law
department. He is the vice chair of the Wilmington Democratic Party and sits on
the board of directors for the Delaware Center for Justice and the executive
committee of the Delaware State Bar Association.
Also seeking the Democratic nomination for AG are three former Delaware
Department of Justice high-ranking officials: Chief of Staff Tim Mullaney,
state prosecutor Kathy Jennings and Chief Deputy Attorney General LaKresha
Roberts. Republican Tom Neuberger, a private attorney, has announced his
intention to run as well.
Current Attorney General Matt Denn revealed in August he would not campaign for
a 2nd term, citing "grueling" politics and a desire to spend more time with
family.
The current field of Democratic candidates is quite varied, ranging in age from
32 to 67 and including 1 white man, 1 black man, 1 white woman and 1 black
woman.
In an interview, Mr. Johnson said he opted to enter the race "simply to
represent a voice that isn't heard, the voice for chance and that progressive
voice."
As priorities, he pointed to urban gun violence, the opioid epidemic and
criminal justice reform. Wilmington has seen record levels of violence in
recent years, and 308 people fatally overdosed in Delaware in 2016. Delaware's
imprisons people at a higher rate than the 50-state average, while the United
States' incarceration rate is much higher than almost every other country.
"These statistics are sobering. Especially considering that national crime
rates have been dropping in other jurisdictions," Mr. Johnson said. "The
Delaware criminal justice system is truly broken and stacked against low-income
and minority communities.
"That is why I am here. I am ready to lead the movement towards achieving a
truly just, equitable, and color-blind criminal justice system in Delaware."
Describing gun violence in cities, particularly Wilmington, as his main issue,
Mr. Johnson said he would aim to collaborate with local governments to create
programs to keep kids and teenagers off the streets.
That's an area Mr. Denn has not completely solved, Mr. Johnson opined.
"I do believe there's a lot he's left on the table, again in terms of
specifically addressing gun violence from a state perspective," he said,
although he was otherwise complimentary of the current officeholder.
Unlike the other candidates, Mr. Johnson is against capital punishment. Mr.
Neuberger, Mr. Mullaney, Ms. Jennings and Ms. Roberts have all said they would
be willing to seek the death penalty in certain circumstances.
The death penalty was struck down by the state Supreme Court in 2016 over a
provision justices ruled to be unconstitutional, but lawmakers are currently
considering a bill that would reinstate it.
Mr. Johnson is in favor of the legalization of marijuana, saying it would have
"economic and criminal justice benefits alike."
Legislation awaiting a vote in the House would allow adults to consume cannabis
for recreational purposes.
Mr. Johnson kicked off his campaign in Wilmington with a career workshop,
emphasizing a focus on reducing crime other than through incarcerating
offenders.
"I could go on about my other positions on urban gun violence, consumer
protection and many more that you will hear from me on the campaign trail. But
today, I will end with this: I believe that the Attorney General's Office, now
more than ever, has a responsibility to influence the cycle of crime outside
the scope of prosecution," he said in his announcement speech.
"Imagine the number of crimes that would be prevented if there were more
funding available for public education beginning at pre-k, for after-school
programs, for community centers, for health and rehabilitation services, and
for job preparedness resources - especially for ex-offenders who are
re-entering society."
(source: delawarestatenews.net)
NORTH CAROLINA:
DA wants death penalty for Bertie County inmate charged in officer's death
Prosecutors want the death penalty for an inmate accused of beating to death a
correctional officer who rushed to extinguish fire set in a prison dormitory
trash can.
Multiple media organizations report that District Attorney Valerie Asbell last
month advised a Bertie County judge she would seek the death penalty against
Craig Wissink. He's accused of beating to death Sgt. Meggan Callahan with the
fire extinguisher she used to douse the fire inside Bertie Correctional
Institution last year.
The 36-year-old Wissink was already serving a life sentence for a June 2000
murder in Fayetteville.
Callahan was the 1st of 5 North Carolina prison workers to die last year in 2
attacks by inmates. State prisons have seen severe staff shortages, putting
workers in danger.
(source: Associated Press)
FLORIDA:
Poole to get new resentencing hearing in murder of Lakeland man, rape of
victim's pregnant fiancee
Convicted murderer Mark Anthony Poole will get a new sentencing hearing, but a
circuit judge has ruled his conviction for the 2001 murder of a 24-year-old
Lakeland man and the rape of his pregnant fiancee will stand.
In a 73-page decision, Circuit Judge Jalal Harb denied Poole's request for a
new trial, saying the errors the defense argued were made during Poole's 2nd
trial, whether considered individually or collectively, didn't rise to the
level of warranting a new trial.
"The Court did not find that counsel's performance fell below an objective
standard of reasonableness," Harb stated in his order.
In an evidentiary hearing last year, lawyers for Poole had argued that
attorneys representing him during his 2005 trial had told jurors Poole
acknowledged that he committed armed robbery, armed burglary and rape. That
error, they said, allowed prosecutors to tell jurors Poole never proclaimed his
innocence in the murder, which unfairly prejudiced him in the trial.
But Harb has ruled that error didn't justify a new trial.
"Any deficiency by counsel with regard to any of the claims and subclaims
asserted by the defendant, when combined, could not reasonably be viewed as
affecting the fairness and reliability of the proceedings or the outcome of the
trial," he wrote.
Poole, 55, was convicted of 1st-degree murder and related charges following a
2-week trial in April 2005, nearly four years after Noah Scott and his fiance
awoke in the night to find Poole inside their Lakeland mobile home. Scott died
that October morning of blunt force trauma to the head.
The girl testified that Poole beat her with a tire iron and held a pillow over
her face as he raped her, asking where the money was, according to court
documents. Before he left, Poole returned to the bedroom, where he'd left the
girl on the bed, touched her vaginal area and whispered "Thank you," court
records show.
DNA evidence and eyewitness testimony identified Poole as the assailant in the
home-invasion attack, court documents state.
The jury voted unanimously to recommend the death penalty against Poole, and
Circuit Judge J. Dale Durrance sentenced him to die for the crimes.
In December 2008, the Florida Supreme Court overturned the death penalty
against Poole, which led to a 2nd sentencing hearing in 2011. That jury voted
11-1 to recommend the death penalty, and Poole was again sentenced to die for
the murder. Circuit Judge J. Michael Hunter ruled the brutality of the attack
outweighed any mitigating evidence presented by the defense, according to court
records.
In July 2016, Poole's lawyers appealed his conviction and sentence, about 6
months after the U.S. Supreme Court ruled that Florida???s death penalty
process was unconstitutional.
That Supreme Court decision has led to changes in the state's death penalty
statute, which now requires jurors to agree unanimously that prosecutors have
proven the facts in at least 1 of the statutory factors supporting the
imposition of the death penalty. The jury's vote also must be unanimous to
recommend death, whereas before only a simple majority among the 12 jurors was
required to recommend that a judge impose the death sentence.
The Florida Supreme Court has ruled that the changes are retroactive in some
cases, including Poole's. Since the jury vote in his 2011 resentencing wasn't
unanimous, he's entitled to a new sentencing hearing.
No date has been set for Poole's resentencing. His next hearing is a status
conference May 10.
(source: The Ledger)
ALABAMA:
Decatur random killings crime spree; 3 others charged
A capital murder trial begins today for 1 of 4 young people charged in a 2015
Decatur crime spree that included random killings, armed robberies and
shootings.
Cortez Mitchell, a 19-year-old from Decatur, faces up to life in prison without
the possibility of parole if a jury convicts him of capital murder in the May
2015 crime spree that left 2 men dead. Mitchell was just 16 when authorities
say he and 3 others gunned down Antonio Hernandez-Lopez and Joshua Davis.
Hernandez-Lopez and Davis were chosen at random by the suspects, police have
said. The killings were part of a crime spree that included 6 armed robberies
and 2 shootings into homes. The spree spanned several days during mid-May.
"They seemed to just be going around thinking they were having a good time," a
Decatur police Captain said of the suspects during a news conference to
announce the charges on May 17, 2015.
Charged along with Mitchell are brothers Joseph and Cedric Cowan, and Amani
Goodwin. Each suspect was denied youthful offender status by Morgan County
Circuit Judge Jennifer Howell. Youthful offender status would have guaranteed
the suspects serve no more than three years if convicted. Each defendant faces
11 felonies, including robbery, discharging a gun and capital murder. Only
Joseph Cowan is eligible for the death penalty because he was 20 at the time of
the killings. Mitchell and Cedric Cowan were 16, and Goodwin was 17, making
them too young to be sentenced to death.
Mitchell's trial begins this morning at 9 a.m. in Howell's courtroom. The jury
was empaneled last week on Friday morning. With more than 60 potential
witnesses, the trial could continue into next week.
Mitchell has pleaded not guilty and not guilty by reason of mental disease or
defect. His competency has been a central question during pretrial court
hearings. He recently asked for new lawyers, but changed his mind by the time
he was in front of the judge for a hearing. His appointed attorneys, Joe Propst
and Jacob Roberts, said the request was just another example of Mitchell's
inability to understand the charges and severity of the situation.
During a hearing on Mitchell's youthful offender application, a Tuscaloosa
psychologist testified the boy's IQ was 70 and he has the mental capacity of a
12-year-old.
"He's functionally illiterate," Goff testified about Mitchell, according to The
Decatur Daily. "He did not, in my view, understand his right to counsel and
didn't have the mental faculties to waive his right to counsel."
Shortly after police began identifying suspects in the crimes, Mitchell agreed
to speak with investigators and pinned the shootings on the older Cowan.
Mitchell's statement also incriminated Cedric Cowan and Goodwin, according to
authorities. Goodwin drove the suspects, according to police.
Mitchell first was identified as a suspect because he took to school a
cellphone that had been taken in 1 of the robberies, police have said.
Investigators called that their big break in the case.
The killings were the 1st homicides in Decatur, a city of about 55,000
residents in nearly 2 years. The previous killing happened in August 2013.
Goodwin, now-20, is the next defendant set for trial in August. It's not yet
clear when the Cowan brothers could face a jury.
(source: al.com)
LOUISIANA:
Louisiana doesn't have to keep heat index below 88 degrees on Angola's death
row, court says
3 ailing Louisiana death row inmates will still have to be protected from
excessive heat during the sweltering summer months, but a federal appeals court
has given state corrections officials more latitude to decide how to keep them
cool.
A 3-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans said
the state does not have to prevent heat indexes at the Angola prison from
topping 88 degrees as a Baton Rouge federal judge previously ordered.
The appellate court ruled that Chief U.S. District Judge Brian Jackson erred by
setting the 88-degree threshold and sent the civil rights case, filed by the 3
prisoners in 2013, back to him for further review.
The panel left open the possibility that Jackson may require what it called
"temperature triggers" that would initiate the use of specific heat-relief
measures. But where Jackson "went astray," the appellate court judges said, was
when he effectively required a "temperature ceiling" that could not be
breached.
"Although well-intentioned, the district court ... both considered and accepted
the need for a maximum heat index," Circuit Judge Jerry Smith wrote Wednesday
for the panel, noting that a previous 5th Circuit panel "plainly foreclosed any
consideration of a maximum heat index."
In his response to the appeals court ruling, Louisiana Attorney General Jeff
Landry said the Constitution "does not require prisons to be comfortable; it
requires them to be humane."
The state has argued it should have to provide only cold showers, an individual
fan and unlimited access to ice and water to the 3 inmates.
Mercedes Montagnes, an attorney for the 3 inmates, declined comment Thursday.
The 5th Circuit has made it clear over the past few years and again on
Wednesday that condemned killers Elzie Ball, Nathaniel Code and James Magee are
not entitled to air conditioning on Angola's death row. The inmates' attorneys
have argued that air conditioning is the only way to adequately lower heat
indexes on death row, and at the same time reduce the prisoners' risks of
heat-related illness or even death.
Ball was condemned to die for fatally shooting beer deliveryman Ben Scorsone
during a 1996 armed robbery of a Gretna lounge. Magee received the death
penalty for the 2007 shotgun killing of his estranged wife, Adrienne Magee, and
their 5-year-old son, Zach, in a subdivision near Mandeville. Code is on death
row for the slaying of 4 people at a house in Shreveport in 1985.
Jackson and the 5th Circuit both have found that subjecting the ailing Angola
death row inmates to excessive heat constitutes cruel and unusual punishment,
and that some remedies are necessary to protect their health and safety.
Circuit Judge Stephen Higginson agreed with Smith and fellow 5th Circuit Judge
Rhesa Barksdale that ordering the state to maintain the heat index below 88
degrees was wrong. But in a partial dissent, he said that to forbid Jackson
from considering a maximum safe heat index "is to require that court to remedy
the constitutional violation that we have found exists ... without considering
its cause."
"But, in a facility where the heat index frequently exceeds 100 degrees and has
risen as high as 110.3 degrees, requiring the state to lower the heat indices
to which these medically compromised plaintiffs are exposed is not the same as
mandating that the heat index remain below 88 degrees," Higginson wrote.
The heat index is a measure of temperature and humidity.
The state is currently providing the three inmates with cold showers,
individual fans, unlimited access to ice and water, and "IcyBreeze" units.
IcyBreeze is a brand name, but in court documents the modified ice chests also
have been referred to as "Cajun coolers," which are equipped with fans and
ducting to blow cool air.
The state has been using the IcyBreeze units under protest, saying they are
essentially air conditioning, but the 5th Circuit panel disagreed with that
characterization in its Wednesday decision.
"As the district court rightly explained, the IcyBreeze units are basically ice
chests with fans attached," Smith wrote, adding that they also are inexpensive,
costing about $500 apiece.
The inmates' civil rights case has bounced back and forth between Baton Rouge
federal court and the New Orleans-based appellate court.
Jackson's 2013 order mandating the state to keep heat indexes from topping 88
degrees was struck down by the 5th Circuit because it effectively required the
state to install air conditioning throughout the death row housing, the appeals
court said.
The state's 2nd court-mandated plan provided the 3 inmates with daily,
15-minute cold showers; ice containers regularly replenished from newly
purchased ice machines; and a personal fan. The inmates' objected to that plan,
and Jackson concluded it was inadequate because it exposed the prisoners to
heat indexes above 88 degrees. The judge also found that the plan did not
reduce the substantial risk of serious harm to the inmates because they
continued to experience heat-related symptoms during the plan's implementation.
The state, in connection with settlement discussions, then implemented under
protest several experimental relief measures. These included relocating the 3
men to another tier close to the air-conditioned guards' pod, installing an air
vent in that pod to divert cool air to the inmates' cells, setting up a plastic
curtain around their cells to trap the cool air, providing each man with an
IcyBreeze unit and regularly replenishing the units with ice. Those measures
would only kick in when the heat index topped 88 degrees.
The state appealed Jackson's imposition of that third plan to the 5th Circuit,
which led to Wednesday's ruling.
In sending the case back to Jackson in that ruling, the appeals court said the
judge "cannot decree whether any given plan is necessary to lower the heat
index to below a maximum, nor can it require the state to provide an
undetermined number of IcyBreeze units or other measures to keep the heat index
below a certain point."
The panel, however, said it "may well be that parts of the Third Plan are still
necessary to redress the constitutional violation: i.e., 'housing these
prisoners in very hot cells without sufficient access to heat-relief
measures.'"
(source: The Advocate)
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