July 5
NEW HAMPSHIRE:
Death penalty arguments used by Sununu in veto don't hold up
In his statement vetoing SB 593 to repeal the death penalty, Gov. Chris Sununu
argued that the death penalty delivers justice for crime victims, protects the
law enforcement community and is needed to send a message to those who commit
"the most heinous offenses" within our borders.
I would like to examine each of these reasons.
First, does the death penalty deliver justice for crime victims?
New Hampshire has not executed anyone since 1939. That is almost 80 years ago.
New Hampshire has consistently been among the states with the lowest homicide
rates. Even so, we average about 20 homicides a year. That means that
approximately 1,600 individuals have been murdered since our last execution.
There is only 1 person on death row. Does the governor really mean to imply
that the State of New Hampshire has "delivered justice" to only 1 of 1,600
murder victim families?
There are ways to deliver real and lasting justice to crime victims and the
Coalition to Abolish the Death Penalty has been advocating for them for years.
New Hampshire's Victim Compensation Law is among the stingiest in the country.
We could provide significant assistance to crime victims and their family
members by increasing the amount of compensation they receive, by providing
funds for the long-term treatment of their emotional trauma, and by providing a
college education at a state school for any child of a murder victim who meets
the necessary educational requirements.
Does the death penalty protect the law enforcement community?
In 2009, the Death Penalty Information Center conducted a nationwide poll of
police chiefs to determine what the chiefs themselves believed would be the
most effective way to keep front-line officers safe. The report concluded, "The
nation's police chiefs rank the death penalty last in their priorities for
effective crime reduction. The officers do not believe the death penalty acts
as a deterrent to murder, and they rate it as one of most inefficient uses of
taxpayer dollars in fighting crime."
What is effective?
According to the chiefs the answer includes more resources for police
departments to provide training and backup, drug and alcohol treatment, mental
health treatment, and an end to court backups.
Finally, the governor stated that we need the death penalty for "the most
heinous crimes."
As a homicide prosecutor, a public defender, and a member of the Coalition to
Abolish the Death Penalty, I have had heartbreaking and intimate conversations
with hundreds of murder victim family members. Many of those family members and
loved ones have told me that this language is particularly painful for them.
For anyone who has lost a loved one to murder, that loss is "the most heinous."
And, as many family members have stated, the death penalty doesn't bring a
loved one back ... it only creates another grieving family.
Gov. Sununu said that abolishing the death penalty would send the wrong
message, but the Coalition argues that abolishing the death penalty would send
the opposite message - that New Hampshire cares about the real needs of victims
and takes its responsibility to protect law enforcement seriously.
By diverting taxpayer dollars from the bloated death penalty system (more than
$5.5 million spent so far on a single death penalty case), we could provide
real and lasting compensation to murder victim family members and invest in the
positive societal changes that truly would serve to keep our police safe.
The death penalty is a false and empty promise. Let's put our money where our
mouth is and make a tangible commitment to crime victims and our law
enforcement community.
(source: Opinion; Barbara Keshen is the Chair of the NH Coalition to Abolish
the Death Penalty----Concord Monitor)
PENNSYLVANIA:
American Bar Association endorses Pennsylvania death penalty report----The
association's president said the report builds upon the work of prior studies.
The American Bar Association on Tuesday put the full weight and prestige of the
organization, as the national voice of the legal profession, behind a recently
published report on Pennsylvania's death penalty.
In a 2-page letter to 4 senators on the panel, association President Hilarie
Bass said the ABA "applauds the recent report of the Taks Force and Advisory
Committee of the Joint State Gvoernment Commission on Capital Punishment in
Pennsylvania."
Further, the letter said: "While the ABA takes no position for or against the
death penalty per se, it has recommended a moratorium on executions in states
that fail to safeguard due process in capital cases until such protections can
be implemented," Bass said in her letter.
"The ABA's 2007 assessment found systemic deficiencies in a number of critical
areas and concluded that 'Pennsylvania cannot ensure that fairness and accuracy
are the hallmark of every case in which the death penalty is sought or
imposed.'"
The association's 2007 assessment found deficiencies in the county indigent
defense system in Pennsylvania and concluded the lack of statewide oversight
contributes, at least in part, to counsel appointments that fail to meet
professional standards. More than 100 death sentences in Pennsylvania have been
overturned for ineffective counsel.
The Pennsylvania District Attorneys Association this week blasted the state
report - approved in 2011 and released June 25 - as a long advocacy piece in a
29-page rebuttal. Richard Long, executive director of the state's district
attorneys association, also said the bipartisan task force was largely composed
of death-penalty abolitionists.
While short on new research, the long-awaited report did make several bold
recommendations that included reducing the number of aggravating circumstances
that qualify a murder case for capital sentence and the creation of a statewide
public defender's office.
The quality of capital counsel has long been a concern in Pennsylvania, leading
in 2004 to the creation of minimum standards. A Reading Eagle examination 2
years ago, however, found nearly 1 in 5 Pennsylvania inmates sentenced to death
since implementing the new rules were represented by attorneys disciplined for
professional misconduct at some point in their career.
Pennsylvania does not contribute funding for capital cases. Those costs are
borne by the prosecuting county. A statewide capital defender office, which
Long and the district attorneys association said is unnecessary, would provide
state dollars for capital representation at trial.
Despite sentencing hundreds to death in the modern era, Pennsylvania has
executed only 3, all of whom gave up their appeals. The state's last execution
was in 1999.
Dana Cook, a task force committee member and co-director of the Atlantic Center
for Capital Representation, a nonprofit group that provides resources and
training for defense practitioners, called the bar association's letter a
critical endorsement. And she said the criticism from the district attorneys
association was disheartening.
"It's disappointing to me that they seem to be completely unwilling to
acknowledge the problems that exist," Cook said. "Their refusal to look at the
problems critically and at least be open to the possibility that there are
reforms seems unreasonable to me."
(source: Reading Eagle)
FLORIDA:
Florida prosecutors to seek death penalty for accused double murderer from
Minnesota
Minnesotan Lois Riess now faces the death penalty in her Florida 1st-degree
murder case.
Prosecutors said they're seeking the death penalty for the southeast Minnesota
woman who's accused of killing her husband at their worm farm near Blooming
Prairie and then a woman visiting Fort Myers Beach in southern Florida before
leading authorities on a cross-country manhunt, according to the Fort Myers
News-Bulletin.
She was labeled a "grandma killer" during the manhunt because she looked like
she could be anyone's grandmother.
Lee County, Fla., prosecutors filed a notice of intent Monday, July 1, to seek
the death penalty against the 56-year-old after a grand jury indicted her last
month on a 1st-degree murder charge. If not put to death, Riess faces life in
prison if convicted.
Court documents allege she shot her husband, David, to death in late March.
Authorities said Riess then went to Fort Myers and met Pamela Hutchinson.
Investigators believe Riess fatally shot the 59-year-old Hutchinson on April 9
to assume her identity.
10 days later, on April 19, Riess was captured at a South Padre Island, Texas,
restaurant and returned to Florida to face charges there first.
No charges have been filed in Minnesota. Riess is being held in the Lee County
Jail with no bond. Her next court appearance is July 11.
(source: Duluth News Tribune)
OHIO:
Last-minute hearing scheduled in case against man accused of killing Judy
Malinowski
There is word of a possible plea agreement in the murder trial of Michael
Slager, the man accused of dousing his ex-girlfriend with gasoline and setting
her on fire. Slager's trial is set to begin on Friday but a court bailiff sent
out notice of "an important development" in the case. A hearing has been
scheduled for Thursday morning.
Slager was originally convicted of aggravated arson and felonious assault but
after Judy Malinowski died last year, Slager was charged with aggravated murder
with death penalty specifications.
The case is noteworthy, not just for the horrific nature of the crime, but also
because it's believed to be a 1st of its kind in Ohio where the victim of a
murder provided a video deposition to be used in the trial of her accused
killer.
Malinowski's mother, Bonnie Bowes, said attorneys have been negotiating a
possible plea. "Assuming that there is a plea tomorrow, my hat's off to the
judicial system and the thousands of dollars too that it saved the state,"
Bowes said.
Bowes says she remains prepared for a trial or a plea agreement. "I did ask
that they unseal Judy's testimony and we have fought for that whether there's a
plea or not and the judge agreed to do that," Bowes said. "So one way or
another, whether at a plea or a trial, the testimony will be heard."
Franklin County Prosecutor Ron O'Brien would not say whether a deal has been
cut. "We have been talking right from the very beginning," O'Brien said. "I
guess I don't want to characterize what kind of development other than the
judge didn't have a final pre-trial scheduled tomorrow - and after meeting with
all parties yesterday, he went ahead and scheduled a final pre-trial tomorrow."
If there is no plea deal in the case, about 200 jurors will be called in on
Friday to fill out questionnaires to be used in the jury selection process.
(source: NBC News)
KENTUCKY:
Kentucky judiciary committees to hear about abolishing death penalty
The Kentucky General Assembly's Interim Joint Committee on Judiciary plans to
hold a hearing on the death penalty July 6 in Frankfort, Ky.
The hearing is expected to include a 30-minute presentation by Reps. Jason
Nemes and Chad McCoy on abolishing the death penalty, according to a statement
from the Catholic Conference of Kentucky. The conference supports abolition.
"The interim joint committee includes the Judiciary Committee members from both
the House and Senate, so this is a very significant opportunity," the statement
said. It urged Kentucky voters to consider 3 actions.
--Attend the hearing at 10 a.m. in Room 171 of the Capitol Annex Building.
--Write to members of the committee expressing your support for abolition. A
list, with links to their email addresses, can be found at
https://bit.ly/2tQ91S3.
--Thank Rep. Joe Fischer, the House Judiciary Chair, for putting this topic on
the agenda.
The statement added, "Remember to pray for all of our legislators, that they be
given wisdom and a deeper commitment to the common good."
(source: The Record)
COLORADO:
No death penalty for double-killer Galloway, jury decides
El Paso County's 1st capital case in a decade ended in defeat for prosecutors
Tuesday as a jury threw out the death penalty against double-murderer Glen Law
Galloway.
Galloway, 46, instead will be sentenced to life in prison without parole at a
hearing at 9 a.m. Thursday.
6 weeks after the start of testimony, the trial was brought to a halt about
3:30 p.m. with the panel's finding that mitigating factors in the case
outweighed aggravation - the focus of the 2nd stage of Galloway's sentencing
after he was convicted last week in the back-to-back shootings of Marcus
Anderson and Janice Nam in May 2016.
Nearly 3 dozen of Galloway's friends and relatives testified across 4 days
during the so-called mitigation phase, attesting to the defendant's good
character before he allegedly "snapped" in the fallout of a toxic relationship
with Nam.
The 9-man, 3-woman panel deliberated about 5 hours before removing the death
penalty as an option.
Galloway, who threw a laptop in court on the trial's opening day and refused to
dress up or stand for the judge and jury, remained defiant to the end, griping
about the 2-day delay in sentencing before mocking one of his prosecutors.
"Better luck next time, Reggy," Galloway quipped to prosecutor Reggy Short
before being led out of court in handcuffs.
The jury's findings were met with eerie silence as spectators digested the
complicated verdict, which required the jury to answer in the form of a
double-negative - namely, that it unanimously found that prosecutors did not
prove beyond a reasonable doubt that mitigation did not outweigh aggravation.
As 4th Judicial District Judge Gregory Werner clarified that the jury had
rejected death, emotions quickly grew raw.
Anderson's sister, Melissa Anderson Digiovanni, buried her face in the shoulder
of a supporter beside her as Nam's sisters, Isabelle Wolfe and Shin Nam, stared
blankly ahead. And after jurors left the courtroom, prosecutor Rachael Powell -
who previously prosecuted Galloway for stalking Nam - burst into tears and wept
at the prosecution table for several minutes.
Prosecutors declined to comment, with Short saying he didn't want to violate
rules about out-of-court statements before Galloway's sentencing. In addition
to life without parole, the defendant also faces 16 to 48 years for 2nd-degree
murder and 10 to 32 years for burglary.
A stalwart supporter in court, the defendant's mother, Bonnie Galloway of
Columbus, Ohio, left quietly and alone, telling this reporter, "I can't talk
about this," her voice strained by emotion.
Tuesday's verdict marked a clear victory for Galloway's legal team, which
consisted of Colorado Springs public defenders Kim Chalmers and Julian Rosielle
and Denver public defenders Daniel King and Kristen Nelson, both members of the
Colorado Public Defender's Office death penalty team who previously represented
Aurora theater shooter James Holmes.
In presenting mitigation, the defense reconstructed much of Galloway???s life,
from a rough upbringing in Columbus, to his arrival in Colorado Springs with
the Army in the early 1990s, to his career as an equipment maintainer in the
civilian world, where he worked at microchip manufacturers in Colorado Springs
and Austin, Texas.
At the conclusion of their evidence, prosecutor Donna Billek offered a
withering assessment of Galloway as an unrepentant killer with a mean streak -
rude to his mother, controlling in personal relationships and dismissive of
boundaries, including the criminal justice system he defied when he cut off an
ankle monitor and went into hiding before killing Anderson and storming into
Nam's home in a deadly invasion at night.
"He is who he is; it is everybody else's fault, and he's never going to
change," Billek said.
King argued that Colorado law reserves capital punishment for the "worst crimes
and most culpable defendants," such as serial killers and terrorists, not
someone who, King claimed, lost control after 4 decades as a law-abiding man.
"Mr. Galloway is not just the worst thing that he's done," King said. "He's
committed many acts of kindness, friendship, service, love and duty."
Prosecutors argued that Galloway was consumed by jealousy and a desire for
revenge. After being convicted of stalking Nam, 26, he cut off an ankle monitor
and went into hiding, allegedly to plot Nam's murder.
Prosecutors said Galloway fatally shot Anderson, 56, to steal his pickup, which
Galloway used to sneak undetected into Nam's neighborhood, where the defendant
eventually smashed through a rear sliding door, stormed upstairs and fatally
shot her as she lay in bed.
The jury, however, rejected a 1st-degree murder conviction in Anderson's death,
consistent with the defense's claim that Galloway killed Anderson in
self-defense. The defense said Galloway then "snapped" and killed Nam, whom he
accused of inventing allegations that led to his felony conviction and the loss
of his job at Atmel Corp., now known as Microchip Corp.
In arguing the murder case, Galloway's defense suggested that Nam, angered by
Galloway's infidelity, had invented some of the allegations she lodged against
him in the stalking case, as the defendant has alleged.
Some legal observers took the prosecution's failure to win 1st-degree murder
convictions in both killings as a sign that the jury was unlikely to vote for
the death penalty.
El Paso County District Attorney Dan May said nothing about the trial's outcome
affected his view that Galloway deserved the death penalty for what he called
"2 horrific homicides" by a killer who lacked remorse.
Nam dated Galloway for 2 years before their relationship unraveled amid reports
of threats by the defendant. She did everything she could to distance herself
from him through the legal system, May said.
But every measure she pursued - from her dual home security systems to her
restraining order and stalking complaint - failed to prevent her murder by a
man determined to defy the law at every step, he said.
The verdict comes as May's office considers whether to pursue the death penalty
against 2 men charged in the killings of Coronado High School students Derek
Greer and Natalie Cano-Partida. May said he couldn't comment on whether it
would affect the decision, which is due Monday.
May couldn't immediately estimate the cost of the trial, saying he would
provide the numbers later.
The verdict marks the latest rejection of the death penalty by Colorado jurors.
In 2015, a jury imposed life in prison instead of death for Dexter Lewis, who
fatally stabbed 5 people at Fero's Bar & Grill in Denver. A different panel
failed to reach a unanimous verdict on the death penalty for theater shooter
Holmes, resulting in a life sentence.
"Once again, a jury has told the government that seeking the death penalty is a
waste of everyone's time," said Phil Cherner, a retired Denver attorney and
death penalty opponent who is chairman of the board for Coloradans for
Alternatives to the Death Penalty.
Cherner said he wasn't surprised that prosecutors lost a death penalty bid even
in politically conservative El Paso County.
"The death penalty is not really a conservative or liberal issue. It cuts
across those political dynamics," he said.
Progressives oppose the death penalty for its "morality, its dysfunction and
its racial injustice," while conservatives might object to the waste of
resources, he said.
(source: Colorado Springs Gazette)
NEVADA----impending execution/volunteer
Nevada Gives Scott Dozier Execution Date of July 11, 2018
Scott Raymond Dozier was scheduled to be executed at 8 pm PDT, on Wednesday,
July 11, 2018, at the Ely State Prison in Ely, Nevada. His execution has been
stayed. 47-year-old Scott is convicted of the murder of 22-year-old Jeremiah
Miller on April 18, 2002, in Las Vegas, Nevada. Scott has spent the last 10
years on Nevada's death row.
In 2001, Scott Dozier was a methamphetamine dealer. Dozier came to believe that
27-year-old Jasen Green was going to expose his operation. Dozier shot Jasen
and chopped his body into pieces before burying him in an Arizona.
In April of 2002, Dozier was in need of money and convinced an associate,
22-year-old Jeremiah Miller to come to Las Vegas, with cash, for a large
purchase of ephedrine, a key ingredient in the making of methamphetamine.
Dozier and Miller met on April 18, 2002, inside a motel on the Las Vegas Strip.
Miller also brought along a suitcase containing $12,000 in cash.
Upon arrival, Dozier killed Miller before cutting his body into pieces and
disposing of them. Dozier then went on a spending spree. 1 year later, Miller's
torso, chopped in 2, was found by a maintenance worker. His head, arms, and
legs were never recovered.
Dozier was arrested on June 25, 2002, in Phoenix, Arizona. In 2005, Dozier was
sentenced to 22 years in prison for the murder of Jasen Green. In October of
2007, Dozier was sentenced to death in Nevada for the robbery and murder of
Jeremiah Miller.
During Dozier's 2007 trial, a medical examiner testified that it was likely
Miller was shot to death, however, it is impossible to determine. Upon Doziers
arrest, police recovered a firearm but were unable to link it to the crime.
Scott Dozier has requested that all his appeal be halted and that his execution
be allowed to proceed.
If executed, Scott will be the 1st individual executed in Nevada since April
2006. He will also be the 1st person executed at the recently constructed death
chamber at Ely State Prison. Previously, the execution chamber was located at
the Nevada State Prison in Carson City, however it was relocated when the
Carson City Prison closed.
Scott was originally scheduled to be executed on October 16, 2017, however, his
execution was rescheduled after requests to make public the drugs that will be
used in the execution. It has since been announced that the drugs to be used
are a combination of diazepam, fentanyl, and cisatracurium and Scott was given
a new execution date in November.
Scott's execution was again stayed, this time by Clark County District Court
Judge Jennifer Togliatti, who ordered that the paralytic drug be removed from
the execution protocol out of fear that the drug would leave Scott aware of
everything that was happening to him, but unable to react or show that he is in
pain. Scott has repeatedly stated that he wished to be executed, regardless of
any pain he may experience. The judge's order was appealed to the Nevada
Supreme Court, who ruled that Judge Togliatti abused her discretion by
considering the challenge to the execution protocol. Following this ruling, a
new execution date, July 11, 2018, was given.
Please pray for peace and healing for the families of the Jasen Green and
Jeremiah Miller. Please pray for strength for the family of Scott. Please pray
that if Scott is innocent, lacks the competency to be executed, or should not
be executed for any other reason that evidence will be presented prior to his
execution. Please pray that Scott may come to find peace through a personal
relationship with Jesus Christ, if he has not already.
(source: theforgivenessfoundation.org)
ARIZONA:
Supervisor questions increased cost for contract attorneys
Mohave County supervisors discussed staffing issues at the public defender's
office.
On Monday, the supervisors approved a report of routine county business between
Feb. 2 and June 19. District 3 Sup. Buster Johnson questioned the increase in
costs for contract attorneys. During that time, the county spent $97,850 on
contract attorneys.
Mohave County Manager Mike Hendrix said several attorneys had left the public
defender's office, while another was out on maternity leave. Because of that, a
number of overflow cases were assigned to private attorneys. There were 4
vacancies and there are now 2 vacancies at the public defender's office, he
said.
With attorneys being interviewed for the 2 vacancies, the money spent on
contract attorneys should decrease significantly, Hendrix added.
According to the supervisors' documents, there were 13 private attorneys on
contract through the indigent defense services from Feb. 2 to June 7, amounting
to $65,000 in attorney costs for their criminal cases.
There also was $32,650 that went for investigative, translator or transcription
services for four contract attorneys between May 24 and June 19.
The supervisors approved a tentative budget at a previous board meeting.
Johnson asked if the public defender's office will need extra funding for the
new fiscal year. Hendrix said if fully staffed, the office should handle the
increasing case load.
The report also disclosed the costs for 4 capital expense cases was $663,400
from July 2017 to May. The 4 Mohave County death penalty cases include the
appeals for Brad Nelson and Frank Anderson, who are on death row for murder.
The other 2 cases are the retrial for murder suspect Darrell Ketchner and the
murder trial for Justin Rector. The death penalty recently was withdrawn
against Rector and Ketchner. The costs are for attorney and investigative
services in the 4 cases.
Attorney and investigative services for Rector's defense alone cost $345,058
during the 2017-18 fiscal year. Nelson's appeal cost the county $166,837 during
that year.
(source: Mohave Valley Daily News)
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