[Deathpenalty] death penalty news----worldwide

2018-04-30 Thread Rick Halperin




April 30



INDONESIA:

How lies, arrogance and cockiness earned Bali 9 kingpins the death sentence



Bali 9 kingpins Andrew Chan and Myuran Sukumaran's lies, arrogance and 
shameless cockiness with Indonesians earned them the death penalty they could 
have avoided, a new book claims.


After their arrests for masterminding the 8.3kg heroin plot, the 2 Australians 
were "full of swagger and bravado and smart-alec quips".


They were "full of everything except contrition", according to a new account of 
the pair's lives on death row and execution by firing squad by Indonesia 
specialist and News Corp journalist Cindy Wockner.


According Wockner's book, Chan "smirked" and was "insolent" in the face of an 
Indonesian judge he treated as "stupid".


This approach was disastrous "in a legal system that places a great deal of 
emphasis on co-operation, on courtesy and politeness in court and on admissions 
of guilt and expressions of remorse".


It gained them the death penalty when it might have been avoided, Wockner 
writes in her book, The Pastor and the Painter.


She describes the men's impudence and shameless approach, and the fights they 
had with Renae Lawrence and other Bali 9 members.


Wockner tells how various members of the Bali 9 including Lawrence changed 
their stories to police and court officials, with predictably catastrophic 
results.


Wockner would later grow fond of Chan and Sukumaran and weep when they met the 
firing squad, and her book is the story of their lives from "Aussie schoolboys 
to convicted drug traffickers to redemption on Indonesia's death row".


However, she admits she did not like them in their early days at Bali's 
Kerobokan prison.


Her book also gives an insider's account of the days leading up to the men's 
execution on Nuskambangan Island on April 29, 2015.


The Bali 9 were arrested 10 years earlier on Myuran Sukumaran's 24th birthday, 
he in a hotel at Bali's Kuta Beach and Chan at Ngurah rai airport.


Chan was carrying no drugs, but police arrested 4 mules with most the heroin 
strapped to their bodies, Renae Lawrence, Martin Stephens, Michael Czugaj and 
Scott Rush.


Wockner writes that upon his arrest Chan said, "Whatever happened to Schapelle 
Corby happened to me" and that he and Sukumaran denied all knowledge of the 
drugs.


Renae Lawrence was talking on the advice of her lawyer to earn a discount on 
her sentence, and revealed she had done a successful heroin run with Chan seven 
months earlier.


The Bali 9 were kept in police holding cells for 3 months, Chan and Sukumaran 
kept deliberately at different police stations 15km apart.


They then were moved to Kerobokan jail, at the time home to Schapelle Corby who 
visitors paid prison guards 5000 Rupiah (50 cents) each to see.


Chan and Sukumaran hired the same lawyers and would be tried separately; the 4 
mules each had different lawyers for their separate trials.


At Sukumaran's trial, which began in January 2006, he claimed he had come to 
Bali solely as a tourist, and had nothing to do with Chan, or with the heroin 
or strapping the mules.


Wockner writes Sukumaran told the judges so many times he didn't know the 
answer to their question, that "it became ridiculous".


"He told the judges he couldn't remember what kind of mobile phone he had.

"They had enough. 'Have you ever had the disease of amnesia?'," a judge asked.

When Sukumaran required an explanation as to what amnesia was, and said he 
couldn't remember when he'd had it, "the judges were not impressed". A week 
later, Chan's trial began and Sukumaran was called as a witness, but refused to 
testify because he was a suspect in the same case.


Given a warning by the judge, he stonewalled. Chan did the same, despite 
"increasingly angry" retorts by the judges.


Cracks appeared in whatever solidarity there might have been between the 9 
accused Australians and Lawrence in particular refused to have anything to do 
with the others.


Chan also told them Lawrence's claim that he had threatened to kill her or her 
family if she refused to carry the heroin was untrue.


A clearly angry Lawrence told the court that this denial was "lies".

Wockner writes that Chan was "insolent" in the face of persistent questioning 
by the judges to which he responded either "no", "I don't know" or ???I don't 
remember".


The questions included: "Do you know about a narcotics case called the Bali 9?"

When Sukumaran came to testify he, too, refused to answer questions and when 
his statement to police about his noninvolvement with any aspect of the drugs 
was read out, Lawrence said it was also lies.


But Lawrence did herself no favours.

Despite admitting her role in the Bali 9 plot, but saying it was under the 
instruction and threats of Chan, she abandoned her police statement about the 
successful 2004 heroin run.


Martin Stephens gave evidence at Chan's trial and said he and his family had 
also been threatened with harm.


Chan's version of 

[Deathpenalty] death penalty news----MASS., ALA., KY., NEB., USA

2018-04-30 Thread Rick Halperin





April 30



MASSACHUSETTS:

Cop's killing exploited for political purposes



The soil over Sgt. Sean Gannon's grave has not yet settled, and the right-wing 
opinionators just can't restrain themselves from exploiting the opportunity to 
spout mindless law-and-order grievances.


In her April 19 column, Cynthia Stead harps on why we need a death penalty, 
never mind that states with no death penalty have for decades had a 20 % lower 
murder rate on average than states with one.


That same day letter writer Terry Layo got in step with Ms. Stead, joined the 
following day by letter writers William Doherty and Adam Lange complaining 
about a lax legal system that allows judges and prosecutors to accept plea 
bargains and lets people out early on parole. These folks, naturally, don't 
offer any insight on how to pay for all the extra jail cells, prison guards and 
prosecutor salaries, especially since the latest GOP tax giveaway to the 
super-rich.


On April 21 letter writer John Harris dismisses the need for stricter gun laws, 
complaining that we don't enforce existing laws, referencing the suspect's 
numerous firearms law violations. His ideological blindness just won't let him 
see how strict registration laws, making it more difficult for ex-cons like 
suspect Thomas Latanowich to get guns, might have prevented the tragic killing 
of Officer Gannon.


Rich Latimer

Falmouth

(source: Letter to the Editor, Cape Cod Times)








ALABAMA:

Overturning a Death Row Conviction"In any death penalty case to the Supreme 
Court, there is a very strong presumption of deference to state court judgments 
that the death row inmate has to overcome." - Don Verrilli




Munger, Tolles & Olson attorney Don Verrilli won a U.S. Supreme Court victory, 
overturning the conviction of James McWilliams, an Alabama death row inmate.


McWilliams was convicted of capital murder in 1986 and subsequently sentenced 
to death. Verrilli served as co-counsel with the Southern Center for Human 
Rights. They argued that McWilliams had been sentenced to death without the 
expert mental health assistance required by the Supreme Court's 1985 decision 
in Ake v. Oklahoma.


"In any death penalty case to the Supreme Court, there is a very strong 
presumption of deference to state court judgments that the death row inmate has 
to overcome," Verrilli said. "While there was a clearly set right from Ake, 
what the scope of that right is and how it is applied was unclear, so we had 
the lack of clarity combined with deference to state court judgments."


The Supreme Court's decision to hear the case marked a turning point, Verrilli 
said. "The court takes only a tiny fraction of the cases presented to it," 
Verrilli explained. "If they weren't interested in your defendant, they would 
just not hear it."


In Ake, the Supreme Court held that "when a defendant has made a preliminary 
showing that his sanity at the time of the offense is likely to be a 
significant factor at trial, the Constitution requires that a state provide 
access to a psychiatrist's assistance on this issue if the defendant cannot 
otherwise afford one."


In McWilliams, Verrilli said "the offer of expertise was a doctor who was an 
employee of the state, not an expert that's on your side."


On June 19, 2017, in a 5-4 decision, the high court ruled in favor of 
McWilliams. In the majority opinion written by Justice Stephen Breyer, the 
court held that Alabama's mental health assistance fell "dramatically short of 
what Ake requires."


Verrilli said McWilliams' case "has the potential to be quite significant as it 
reinforces and clarifies the scope of the right that capital defendants have to 
the experts they need to be able to make their case."


Stephen Bright, Harvey Karp Visiting Lecturer in Law at the Yale Law School, 
co-counseled the case. "Don and Michael DeSanctis of the D.C. office and Joshua 
Meltzer of the San Francisco office of the firm co-counseled the case with me 
and 2 other lawyers from the Southern Center for Human Rights," Bright said. 
"Their insights, analysis and experience were indispensable in writing the 
briefs, preparing for oral argument, and bringing about the favorable decision. 
The ability to call any of them and discuss aspects of the case was 
invaluable."


(source: The National Law Journal)








KENTUCKY:

Hearing Delayed Until Friday For Suspects In Death Of Daniel Ellis



The 2 men accused in the death of a Richmond police officer are scheduled to 
return to court.


Police say Officer Daniel Ellis was investigating a gas station robbery back in 
2015, when he was lured into the apartment of Gregory Ratliff, then shot by 
Raleigh Sizemore.


Both Ratliff and Sizemore are eligible for the death penalty.

Their hearing was originally scheduled for 9:30 Monday morning, but got moved 
to Friday.


(source: lex18.com)








NEBRASKA:

The Public Pulse: No conflict in Ricketts' efforts on death penalty



Marylyn Felion