[Deathpenalty] death penalty news-----worldwide

2007-06-25 Thread Rick Halperin



June 25



RWANDA:

Survivors Welcome Death Penalty Ban


Genocide survivors in Nyamata of Bugesera District have lauded parliament
for scrapping death penalty from the county's laws.Parliament recently
voted to abolish the death penaltyfrom Rwandan laws.

In random interviews at Nyamata Genocide Memorial Site, most of the
survivors of the 1994 tragedy told The New Times that the decision was a
welcome move in forging unity of Rwandans.

Sarafina Mukamusoni 49 said, "The decision is good, after all grief is a
very personal matter and not all victims of the atrocities will feel
better just because the death of their loved ones has been avenged.

Above all killing the murderer does not bring back the deceased."
Mukamusoni who is a widow added that by scrapping the death penalty, the
government actually practiced what it preaches, having value for life.

In near tears, she said the atrocities committed can hardly match
deserving punishment 'for the perpetrators because the atrocities were
inhumane.'

Andre Kamana said the fact that even those on death row have not been
killed is testimony enough for government commitment to respect right to
life.

Mukamusoni who says survived even earlier government orchestrated killings
reasons that their tormentors to show remorse and ask for forgiveness.

(source: New Times)






CHINA:

China approves death penalty for 7 drug traffickers


The Supreme People's Court (SPC) on Monday announced its approval of the
death penalty for 7 drug traffickers, a day before the International Day
Against Drug Abuse and Illicit Trafficking.

Gao Guijun, presiding judge of the Fifth Criminal Court under the Supreme
People's Court, said that since the SPC took back the power of review over
the death penalty on Jan. 1, the SPC had strictly examined death penalty
cases involving drug trafficking.

"Our approval of the death penalty regarding drug trafficking could stand
the test of history," said Gao.

Ni Shouming, the SPC's spokesman, reiterated the court's resolute stance
on fighting drug trafficking, saying the court would show no leniency in
handing down heavy penalties to the kingpins of drug trafficking gangs and
those who participate in cross-border drug crimes.

3 principals of a cross-border drug crime, Yan Hanlong, Li Zibin and Xiong
Shiwei, were sentenced to death for the "extremely huge amount" of 42
kilograms of heroin they smuggled from Myanmar, according to the SPC
statement.

Wang Guangyou was sentenced to death for organizing heroin trafficking
that "caused a great harm to society", according to the SPC after it
reviewed the death sentence issued by the Higher People's Court of Guizhou
Province in southwest China. Wang organized villagers in Guizhou to
transport 806 grams of heroin from Kunming, southwest Yunnan Province.
Police found 5 villagers, who tried to evade police inspection at train
stations, had hidden the drugs internally.

Also sentenced to death was Zhang Hong'an, who had long been engaged in
cross-border drug crimes as the leader of a trafficking gang, an SPC
statement said.

The other 2 death penalties were given to Long Congbin, who had served
imprisonment for drug trafficking before his latest conviction, and Guo
Shichen, who was sentenced to death for trade of new types of drugs such
as ecstasy and "magu", a Thai word for a stimulant drug that is a
combination of methamphetamine and caffeine.

The SPC said Guo's trade of "magu" amounted to 1,275 grams, well above the
standard for a death sentence.

Chinese Customs had seized 229 kilograms of heroin and detained180 drug
trafficking suspects by June 15 this year, according to the General
Administration of Customs.

A drug control official earlier said customs officers had investigated 165
drug trafficking cases, up 81 % from the same period last year.

Although there was a decline in cases involving large amounts of drugs,
smugglers are "breaking up their caches into smaller parts", said the
official. In the most recent case, the drug smugglers had pretended to be
tourists and had drugs in their luggage, said the official.

The Ministry of Public Security has announced major breakthroughs in the
fight against drugs in the 1st half of the year with rings broken in east
China's Shanghai and Zhejiang, the southern province of Guangdong,
southwest Sichuan and Yunnan, and northwest Gansu and Ningxia.

The official said Chinese customs had strengthened cooperation with
foreign customs agencies to fight drug smuggling.

In April, Customs invited experts from the U.S., Afghanistan, Pakistan,
India, Thailand and Hong Kong to discuss future joint action to combat
cross-border drug crimes.

Statistics from the SPC show that from January 2006 to May 2007,China's
courts received 49,270 cases regarding drug crimes, handled 47,113 and
convicted 55,671 criminals. Among them, 21,223 criminals, or 38 %, were
given "heavy penalties", including the death penalty, life imprisonment
and more than 5 years in prison.

State Co

[Deathpenalty] death penalty news-----N.C., IDAHO, MO., CALIF.

2007-06-25 Thread Rick Halperin




June 25



NORTH CAROLINA:

Man to face death penalty in killing


A man accused of bludgeoning his ex-wife to death in February should face
the death penalty, a judge ruled Monday.

James Larry Manning, 50, is facing 1st-degree murder charges in the
killing of Barbara Manning. The 44-year-old High Point woman was beaten in
the head with a hammer at her Meredith Street home on Feb. 6.

A man she had recently moved in with, Haywood Watts, 57, was stabbed. He
survived. James Manning is facing attempted murder charges in the attack
on Watts.

Special Superior Court Judge Ripley E. Rand found that the circumstances
of the killing were enough to qualify Manning for the death penalty.

Barbara Manning had a protective order against her husband at the time of
her death, court records show. He had pleaded guilty in April 2006 to
assaulting her and part of his sentence included the restriction that he
stay away from his ex-wife. He was also given 75 days in jail and 18
months of probation.

Assistant District Attorney Brian Beasley argued Monday that the killing
occurred during a course of violence, one of the factors that can qualify
a case for the death penalty. He said that when police arrived at the
house they found Manning standing over Watts and stabbing him in the front
yard. Barbara Manning was found inside the house. She was still alive but
died at High Point Regional Hospital.

Manning's lawyer, John Bryson, said his client looks forward to court
proceedings later in the case at which he'll be able to present his
evidence. He did not object to the state seeking the death penalty.

Manning's address in court records is listed as a hotel in Greensboro.
Police said at the time of his arrest that he was homeless. He is being
held at the Guilford County Jail in High Point.

(source: News-Record)






IDAHO:

Convicted killer may be freed or retriedNew trial in 1983 slayings
would be costly, complex for Idaho County

In less than a week, Idaho will ask the U.S. Supreme Court for help
keeping a convicted murderer behind bars.

If the request is turned down, it will be up to rural Idaho County to
decide the fate of Mark Henry Lankford: Freedom, or a costly repeat of the
1983 trial that sent him to death row.

Neither prospect is desirable to the people of Idaho County, said county
clerk Rose Gehring. A repeat of the murder trial is expected to cost
anywhere between $500,000 and $1 million, she said - not exactly money the
county just has lying around for a rainy day.

"I don't believe in budgeting for a murder trial," Gehring said. "If we
have to put half a million into the trial, do we have to lay people off in
another department? All for a possible murder trial? That would short our
county tremendously."

Mark Lankford and his brother Bryan were convicted of murdering a Texas
couple camping in North Idaho in 1983; U.S. Marine Capt. Robert Bravence,
27, and his wife, Cheryl, 25, were beaten to death near the Clearwater
River.

Each brother blamed the other. Bryan testified against Mark and escaped
the death penalty; a recent 9th U.S. Circuit Court ruling could force a
2nd trial for Mark because the trial included uncorroborated testimony
from his brother.

And then there's the matter of tracking down people who testified in the
original trial. The forensic pathologist from the original trial has since
died, Idaho County Commissioner Randy Doman said.

"Several of the key players are no longer available," Doman said. "We
either don't know where they are or we can't reach them because they're on
the other side of the veil."

There were no eyewitnesses to the crime. Some witnesses who testified that
they saw Lankford in the area still live in the region. Most of the
evidence remains in the Idaho County Courthouse.

Lankford wouldn't win any popularity contests in the area. Back in 1983,
the case shocked the conservative sensibilities of the rural county and
made headlines across the state.

Idaho County Prosecutor, Kirk MacDonald - who did not return calls from
The Associated Press - will make the decision on whether to hold a new
trial, Doman said.

"I think he's weighing all the options. I feel sorry for him - it's not an
easy decision," Doman said.

Meanwhile, the commissioners are hearing suggestions for another kind of
"justice" from local residents, he said.

"I get lots of advice from the locals. They say give him back his cowboy
boots and T-shirt and turn him loose in the Clearwater where the crime
took place, and they'll take care of it," Doman said. "Or, they say, let
the wolves have him.

"The unfair thing is that the perpetrators of the crime and the victims of
the crime are all from Texas, just passing through Idaho County, and the
15,000-plus residents here had to pay for it. Now they may make us pay
again."

Mark Lankford's potential release hinges on a 9th U.S. Circuit Court
opinion handed down in January. The appellate court found that although
federal law would have allowed Bryan Lankford

[Deathpenalty] death penalty news-----TEXAS, GA., FLA., CALIF.

2007-06-25 Thread Rick Halperin






June 25


TEXAS:

Death penalty's too-high cost


In response to "Texas execution toll reaches 17, 2 just this week," June
22: The collateral damage of capital punishment is a cost that is too
high. We, the U.S., don't have a fool-proof system to ensure that innocent
men and women are not wrongly convicted. Until then, the death penalty
simply doesn't make sense from a constitutional point of view.

Remove the chance for error, then let's revisit this subject. Until then,
no one needs hypotheticals to debate the issue. We have concrete evidence
that it is cruel and unusual punishment for innocent people.

Jim HarperUT Alum

(source: Daily Texan)

***

Arrest made in South Side slaying


A 22-year-old man has been arrested in connection with the shooting death
of a South Side man. Ruben Daniel Morin is charged with capital murder and
is being held in lieu of a $1 million bond.

According to an arrest warrant, Morin, armed with a gun, walked into the
victim's garage apartment in the 1300 block of West Malone just before 7
a.m. Sunday.

Police say Morin made small talk with a male witness who was inside before
taking the victim's wallet. Morin also told the witness the victim - whose
name has not been released - had been flirting with Morin's girlfriend.

The warrant states Morin wanted to know the whereabouts of cash and a drug
stash, but the witness claimed no knowledge of such. Morin then got into a
struggle with the victim, who had been sleeping.

According to investigators, the witness said Morin then shot the victim
several times and left.

The warrant states a female who drove Morin to the apartment left after
she heard gunfire. According to police, Morin later contacted the woman
and told her she could not leave his side.

(source: KENS 5 Eyewitness News)






GEORGIAimpending execution

Lawyer seeks clemency for condemned killer in Georgia


A man set to die for killing his wife and 2 stepdaughters in 1987 deserves
to live because he has remorse for the crimes, has tried to redeem himself
in prison and the prosecutor at his trial acted improperly, a lawyer
argued at a clemency hearing Monday.

John Hightower's attorney, Jack Martin, also said in his petition to the
state Board of Pardons and Paroles that several jurors who convicted his
client now support his bid for a reprieve.

"There is a terrible and profound irony in that Mr. Hightower is a person
to whom family means so much, yet he has committed the act of destroying
part of his family," Martin wrote in the petition. "This fact is not lost
on Mr. Hightower. His regret is intense."

As for the allegations against the man who prosecuted Hightower, Martin
said that the district attorney at the time removed blacks as potential
jurors during the trial over the objection of the defense. Hightower is
black. Martin also said that many of the death penalty sentences the
prosecutor obtained before resigning in 1994 were reversed because of
error.

The prosecutor, Joe Briley, who is now in private practice, did not
immediately return a phone call to his office Monday seeking comment. A
call to his home went unanswered.

Hightower's attorneys were trying several last-minute appeals - including
the clemency petition and a request to the U.S. Supreme Court for a delay
- to keep him from the death chamber. Absent any relief, he will be given
a lethal injection on Tuesday.

Prosecutors were expected to appear before the parole board later Monday
to argue for the execution to proceed.

Hightower, 63, was convicted for the July 12, 1987, slayings of his wife,
Dorothy Hightower, and his 2 stepdaughters, Evelyn Reaves and Sandra
Reaves, at a home in Milledgeville, in central Georgia.

If carried out, the execution would be Georgia's 1st in nearly 2 years.

Among the evidence investigators said they had against Hightower: a
confession and a flesh- and blood-covered murder weapon found in the car
he was driving when he was arrested. His clothes also were stained with
blood.

According to authorities, Hightower admitted he had been having marital
problems. In the admission, he said he had been drinking and snorting
cocaine hours before he entered the home where the victims were, placed a
gun under a pillow in the room he shared with his wife and waited for
everyone to go to sleep.

At about 3 a.m, police say, Hightower retrieved the gun and shot each of
the 3 victims in the head. A 3-year-old girl in the house was found
unharmed.

Hightower was arrested about 90 minutes after the shootings while driving
his wife's car.

The execution would be Georgia's 1st since Robert Conklin, a 44-year-old
parolee who fatally stabbed a lawyer and dismembered the victim's body,
was given a lethal injection on July 12, 2005.

(source: Associated Press)






FLORIDA:

Hearing moves convicted quadruple-murderer closer to execution


Convicted quadruple-murderer Jeffrey Hutchinson might have moved one baby
step closer Monday to his date with the executio

[Deathpenalty] death penalty news----USA//LOUISIANA

2007-06-25 Thread Rick Halperin




June 25


USA//LOUISIANA:

U.S. Supreme Court accepts appeal of a killer sentenced to death by
all-white jury


The U.S. Supreme Court agreed Monday to review whether race played a role
in the selection of an all-white jury that imposed a death sentence on a
black man.

Allen Snyder was convicted in 1996 of stabbing his estranged wife 15 times
and killing a man with whom she was talking.

The state of Louisiana's Supreme Court ruled that race had no part in the
prosecutor's decisions involving black potential jurors.

Dissenting justices said the prosecutor's prejudice was shown by 2
comparisons he made between Snyder's case and that of O.J. Simpson, the
former professional football player, who had been acquitted in 1995 of
killing his ex-wife and a friend of hers.

The U.S. high court had previously ordered the state court to take another
look at the case, following a decision that overturned a black Texas man's
murder conviction and death sentence because prosecutors struck nearly all
African-Americans from the jury.

The Louisiana court reached the same decision.

The case will be argued later this year.

The Supreme Court turned down 2 other cases from Louisiana, refusing to
disturb state regulations that keep some foreign attorneys from practicing
law in the state.

The attorneys said the regulations prohibit them from representing poor
defendants in criminal trials.

The justices declined to take an appeal from lawyers from Canada, Britain
and France. They sued Louisiana court and bar officials after they were
denied admission to the state bar because they are in the United States on
temporary, though extended, visas.

At issue is a Louisiana Supreme Court decision in 2002 that said only
foreigners on a path to become U.S. citizens may practice law in the
state.

The lawyers affected by the ruling said they went to Louisiana to help
address a severe shortage of lawyers for poor defendants.

One British lawyer, Emily Maw, received her law degree from Tulane
University in 2003 and is director of Innocence Project New Orleans, which
represents indigent clients. She also is a practicing lawyer in
Mississippi.

(source: Associated Press)







[Deathpenalty] death penalty news----GEORGIA

2007-06-25 Thread Rick Halperin




June 25




GEORGIA:

Amnesty International USA Press Release


SUPREME COURT'S DEATH PENALTY RULING IN TROY DAVIS CASE REVEALS
'CATASTROHPIC FLAWS IN THE U.S. DEATH PENALTY MACHINE'

Amnesty International is deeply disappointed with today's Supreme Court
ruling that permits the execution of Troy Anthony Davis in Georgia. The
organization maintains that evidence in his favor, which has never been
heard in a courtroom, is enough to demonstrate that Davis should be
granted a new hearing.

"The Supreme Court decision is proof-positive that justice truly is blind
-- blind to coerced and recanted testimony, blind to the lack of a murder
weapon or physical evidence and blind to the extremely dubious
circumstances that led to this man's conviction," said Larry Cox,
executive director of Amnesty International USA (AIUSA). "At times there
are cases that are emblematic of the dysfunctional application of justice
in this country. By refusing to review serious claims of innocence, the
Supreme Court has revealed catastrophic flaws in the U.S. death penalty
machine."

Troy Anthony Davis, who is African American, was convicted in 1991 of
murdering Mark McPhail, a white police officer. Davis' conviction was not
based on any physical evidence, and the murder weapon was never found.

The prosecution based its case on the testimony of purported "witnesses,"
many of whom allege police coercion. 7 of the 9 non-police witnesses for
the prosecution have recanted their testimony in sworn affidavits. One
witness signed a police statement declaring that Davis was the assailant,
then later said, "I did not read it because I cannot read."

In another case a witness stated that the police "were telling me that I
was an accessory to murder and that I would "go to jail for a long time
and I would be lucky if I ever got out, especially because a police
officer got killed"; I was only 16 and was so scared of going to jail."

There are also several witnesses who have implicated another man in the
murder. According to one woman, "People on the streets were talking about
Sylvester Coles being involved with killing the police officer, so one day
I asked him -- Sylvester told me that he did shoot the officer."

Despite this, Davis' habeas corpus petition was denied by the state court
on a technicality -- evidence of police coercion was "procedurally
defaulted," that is, not raised earlier, so the court refused to hear it.
The Georgia Supreme Court and 11th Circuit Federal Court of Appeals
deferred to the state court and rejected Davis' claims. Today the U.S.
Supreme Court refused to hear his case and Davis is now left without any
legal recourse; he could be executed within weeks. It is shocking that in
more than 12 years of appeals, no court has agreed to hear evidence of
police coercion or consider the recanted testimony.

"It is appalling that so many judges were able to look away from such a
grave breach of justice. Evidence of innocence simply hasn't mattered,"
said Sue Gunawardena-Vaughn, director of AIUSA's Program to Abolish the
Death Penalty. "This should be viewed as a day of great shame for our
nation, one in which the green light was given to execute a citizen who
may well be innocent."

# # #

(source: Amnesty International USA)





[Deathpenalty] death penalty news-----worldwide

2007-06-25 Thread Rick Halperin




June 25



INDONESIA:

Transfers inmates in death row to prison island


Indonesian authorities transferred 20 inmates in death row and those
serving life sentence from a prison in the Jakarta suburb of Tangerang to
the maximum security prison on Nusa Kembangan island off Central Java
early Saturday.

Blindfolded inmates were escorted to 2 special buses with red or green
ribbon tied in their arms -- red for inmates in death row and green for
life-imprisoned convicts, reported the national Antara news agency.

They were chained in the legs and cuffed in the hands, it said. An armored
vehicle and about 100 armed policemen were deployed in the process.

Officials have refused to comment on the major transfer.

The district court in Tangerang has sentenced more people to death than
any other courts in the country. Most of the condemned inmates were
convicted of drug smuggling through the Soekarno Hatta International
Airport which is under the Tangerang jurisdiction.

(source: Xinhua)

*

Let us live: Bali drug trio's desperate court plea


3 grim-faced young Australians pleaded for their lives in a Bali courtroom
yesterday, claiming naivety led them into trying to smuggle heroin to
Australia.

It was the 1st time Matthew Norman, Si Yi Chen and Tan Duc Thanh Nguyen
directly admitted guilt. In previous hearings, the 3 members of the Bali
9, who are appealing against their death sentences, had claimed to be
innocent victims of a drug ring.

All 3 asked for a chance to redeem themselves.

A decision on the appeal is not expected for at least 2 months.

After the final day of defence evidence in the Supreme Court appeal,
lawyer Erwin Siregar said he believed the pleas could influence the court
to overturn the death sentences.

Norman, 20, said authorities had every right to punish him.

"I broke the law and in doing so brought shame on my country, my family
and upon my- self," he said. "I was stupid to think that I wouldn't get
caught."

He begged for "a second chance to prove that I can turn my life around",
saying he wanted to return home for rehabilitation and help others avoid
his mistakes.

Si Yi Chen, 22, said he wanted to be able to care for his ailing parents.
"I've learnt how childish I was when I believe I will not get caught," he
said. "In my heart I am deeply, deeply sorry.

"I hope I can still have the chance to become a better son. All I hope is
a chance to live."

Nguyen, 24, said prison had shown him that drugs destroy all they touch.

"I've seen lives being destroyed before my eyes  there's nothing good that
can come out of it.

"My fate is in your hands," he told the 3 judges.

"Let me finish what I have started, which is to re-mend the hurt that I
have caused."

The trio apologised to the people of Indonesia, and then posed for photos
with their judicial team.

As they left the court, they were slapped on the back by the lead
prosecutor and told to "take care".

Mr Siregar said they had put a "human face" to their death sentences and
shown remorse, which he hoped would influence the hearts of the judges.

In his final submission, Mr Siregar said the court had erred in upgrading
the trio's sentences to death (along with 9 other members of the Bali 9).

As they were arrested in a hotel room with 350 grams of heroin, they
should have been charged with possession, not trafficking, he said.

All 3 were young, foolish, but not dangerous, Mr Siregar said.

(source: The Age)






IRAQ:

In Iraq, a muted reaction to Chemical Ali's death sentence


As the judge pronounced five death sentences on the man Iraqis know as
Chemical Ali, the defendant seemed to be a shadow of the merciless
enforcer who oversaw poison gas attacks that killed thousands of Kurdish
villagers in Iraq's northern uplands nearly 20 years ago.

At the age of 61, severely weakened by diabetes, the defendant, Ali Hassan
al-Majid, leaned heavily on a walking stick for the 18 minutes Sunday it
took the judge to read guilty verdicts on counts of genocide, war crimes
and crimes against humanity. Unlike his cousin Saddam Hussein, whose
shouted defiance nearly drowned out the judge who sent him to the gallows
last year, Majid offered no protest until the judge ordered bailiffs to
lead him, grasping the condemned man's arms, from the chest-high,
iron-ribbed cage that serves as a dock.

Only then did Majid muster a riposte that seemed to speak for a relief
that the waiting for his inevitable death sentence was over.

"Thanks be to God, now I'm leaving," he said, gruffly, as he turned to
limp out of the courtroom in the old Baath Party headquarters, a place
where his reputation as a man who relished handing out summary sentences
to Kurds, Shiites and other alleged enemies of the old regime - and
overseeing the executions himself, with a ghoulish pleasure evident in
official videos - made him almost as feared as Saddam.

If the pattern set in Saddam's case is a guide, Majid's automatic appeal
could be completed in little more than a

[Deathpenalty] death penalty news-----N.C., USA, ALA., ARIZ., DEL.

2007-06-25 Thread Rick Halperin




June 25



NORTH CAROLINA:

Death penalty may be on trial with accused


Lauren Redman looked up at 1 of her killers and asked him to put the knife
down. She was going to die anyway, bleeding from 2 dozen wounds.

"I got to, Ma," one of the accused men, Byron Lamar Waring, 20, told her,
according to a taped confession to police. He responded to Redman by using
slang he called all women.

Today, Waring will face a jury that may hear a plea to spare his life.

Waring's lawyers will try to defend him in an atmosphere of uncertainty
about whether the death penalty will continue as a punishment option in
North Carolina.

It will be the 1st capital trial in Wake County and the Triangle since a
Wake Superior Court judge in January suspended the executions of several
men, setting off a round of legal challenges that led to a halt in
executions in the state.

Waring's calm recollection of the Nov. 8, 2005, slaying of Redman, a
22-year-old research assistant, was caught in a 16-minute taped
confession. It's likely to be played for Wake jurors this week. The
evidence portion of Waring's 1st-degree murder trial begins today. If he
is convicted, prosecutors will ask the jury to sentence him to death.

A Wake jury hasn't sentenced anyone to death since 2001, despite several
trials where prosecutors have sought the death penalty. The last capital
trial was in November, when Ezavia Allen was sentenced to life in prison
for shooting retired schoolteacher Shirley Newkirk in her driveway.

Colon Willoughby, Wake's elected district attorney, said he isn't
surprised by juries' reticence about giving the harshest sentence.

"Jurors are very cautious about it," he said.

But Willoughby said he will continue to ask for the death penalty in cases
that he and his office find are particularly heinous and fit the criteria
outlined by law.

"This is a case that the community needs to decide," he said.

Waring, if convicted, will be the fifth defendant this year for whom North
Carolina prosecutors have asked juries to return death verdicts, said Bob
Hurley, North Carolina's capital defender.

The only one to receive the punishment was Eugene Johnny Williams,
convicted in May in Cumberland County of killing 2 men over a dispute
involving a stolen motorcycle.

Defense lawyers in the other cases have noticed more potential jurors
stating an opposition to the death penalty.

Jay Vannoy, a North Wilkesboro defense attorney who tried a capital case
in February in Wilkes County, said he was taken aback by the number of
people who said they were opposed in an area of the state he described as
conservative.

"There were more jurors who were opposed to the death penalty than I
anticipated," he said. He suspects the current climate of ambivalence "had
to have an effect."

His client was given a sentence of life without parole.

Executions on hold

The atmosphere surrounding the death penalty was altered in January when
Wake Senior Resident Superior Court Judge Donald Stephens delayed several
executions amid legal challenges to the state's method of execution.

The N.C. Medical Board, in turn, said its doctors could not actively
participate in executions, and the Council of State and state legislature
have yet to take any action to resolve the divide.

The U.S. Supreme Court in early June -- while jurors were being selected
for Waring's case -- issued a ruling that death penalty opponents fear
will mean less diverse, more conservative juries in capital cases. The 5-4
opinion in Uttecht v. Brown gave greater discretion to trial judges to
remove those with significant moral qualms about capital punishment from
juries.

(source: The News & Observer)






USA:

Crime can't pay on death rowMurderers profiting from infamy


Gilberto Reyes was executed Thursday in Huntsville for murdering his
former girlfriend outside a restaurant in Muleshoe in March 1998. Reyes
raped, strangled and beat her to death with a claw hammer, then fled to
Mexico before being captured in Portales, N.M., 3 months later.

Reyes' execution was the ultimate form of punishment for a horrendous
crime.

Another Panhandle native is scheduled to be executed Tuesday. Patrick
Knight brutally killed a couple who lived next door to him outside
Amarillo.

These executions will not bring back the victims of these despicable
crimes, but at least the family members and friends who lost their loved
ones will have the security of knowing justice was done.

Now imagine if the 3 individuals who committed these crimes had profited
from their notoriety, or helped someone else make a buck off their
brutality.

That's the reason legislation being pushed by U.S. Sen. John Cornyn,
R-Texas, is necessary.

Cornyn wants a federal law similar to laws in 5 states - including Texas -
that will prevent criminals from selling personalized items.

This form of business, which has a home on the Internet, is known as
"murderabilia," where criminals or their outside contacts attempt to cash
in on their inf

[Deathpenalty] death penalty news----TEXAS, GA., OKLA., S. DAK., FLA.

2007-06-25 Thread Rick Halperin




June 25



TEXASimpending execution

Texas inmate set for execution promises to die with a joke


A man scheduled to be executed Tuesday for the fatal shooting of his
neighbors almost 16 years ago wants to tell a joke as part of his final
statement from the Texas death chamber gurney.

Patrick Knight, 39, has been considering dozens of jokes he has received
in recent weeks after soliciting them to try to comfort his friends on
death row.

"We need something to ease the tension," he said of his real-life attempt
at gallows humor, which is being panned by Randall County District
Attorney James Farren.

"My impression is he's similar to most of the hoodlums that are on death
row, who have no regard for your rights or property, nor mine, and no
regard for human life," said Farren, whose office prosecuted Knight's 1993
capital murder trial.

Knight is scheduled to die by lethal injection Tuesday evening.

"Death is my punishment, I've accepted that," he said last week from death
row. "I'm not afraid of dying."

Knight has been getting about 20 letters a day, with many of them
including jokes. A friend also was collecting jokes for him on a Web site,
but as of last week he had not received any recent online offerings
because he must rely on postal mail for them, since Texas inmates do not
have computers and Internet access.

Knight's appeals have been exhausted. The U.S. Supreme Court in February
refused to review his case.

Knight was condemned for the abduction and fatal shooting of Walter
Werner, 58, and his wife, Mary Ann, 56. Knight lived in a trailer on
property next door to them.

In his final statement, Knight said he would ask for forgiveness and
promised a joke that would not embarrass his victims and not be vulgar or
profane.

His execution would be the 4th this month and the 18th this year in Texas,
the nation's leader in capital punishment.

At least 10 more condemned Texas inmates have executions scheduled in the
coming weeks, including 2 in July and 5 in August.

(source: Associated Press)






GEORGIAimpending execution

Condemned killer in Georgia faces execution Tuesday


A Georgia man is scheduled to die by lethal injection Tuesday for killing
his wife and 2 stepdaughters in 1987.

If carried out, the execution would be Georgia's 1st in nearly 2 years.

John Hightower's attorneys were trying several last-minute appeals
including a clemency petition and a request to the U.S. Supreme Court for
a delay  to keep him from the death chamber.

Hightower, 63, deserves to live because he has remorse for the crimes and
has tried to redeem himself in prison, his attorney, Jack Martin, argued
at the clemency hearing Monday. Martin also argued that the prosecutor
acted improperly by removing blacks as potential jurors during the trial.
Hightower is black.

The prosecutor, Joe Briley, who is now in private practice, did not
immediately return a phone call to his office Monday.

Hightower, 63, shot his wife, Dorothy Hightower, and his 2 stepdaughters,
Evelyn Reaves and Sandra Reaves, in the head.

According to authorities, Hightower admitted he had been having marital
problems and had been drinking and snorting cocaine hours before he
entered the home where the victims were.

(source: Associated Press)






OKLAHOMAimpending execution

Oklahoma to execute terminally ill convict


Oklahoma is set to execute a convicted murderer by lethal injection on
Tuesday who is terminally ill with cancer and is expected to die in a few
months' time anyway.

Jimmy Dale Bland, 49, was condemned for the murder of Doyle Windle Rains,
whom he shot in the back of the head during an apparent quarrel in 1996.

In a motion filed with the U.S. Supreme Court on Sunday, Bland's attorney,
David Autry, said the execution would violate the U.S. Constitution's 8th
amendment, which prohibits "cruel and unusual punishment."

Autry said his client's cancer was spreading and was infecting his lungs,
adrenal glands and spinal column. He said Bland only had a few months to
live.

"It's a sickening spectacle to strap somebody down to a gurney and kill
them in the name of the state when they are going to be dead from natural
causes. This is about nothing more than naked vengeance," he told Reuters.

Bland has been undergoing chemotherapy treatments.

Assistant Oklahoma Attorney General Seth Branham said that Bland's illness
should not thwart the course of justice.

"He claims that because he's got cancer, that's a reason to let him go
ahead and live a year or so and die on his own terms. If that's what he
wanted, he shouldn't have shot Windle Rains in the back of the head,"
Branham told Reuters.

If his execution goes ahead as scheduled, Bland will be the 2nd inmate
executed in Oklahoma this year.

(source: Reuters)



Executions should not be circuses


Whether you're for or against the death penalty, there will always be a
group to side with at an Oklahoma execution.

While some executions in Oklahoma do n

[Deathpenalty] death penalty news----TEXAS----countdown to 400 // Harris Co. 100

2007-06-25 Thread Rick Halperin






June 24


Impending Texas Execution List:

Name  Date  Texas # since 1982  # under Gov. Perry



Patrick KnightJune 26   397 158

Rolando Ruiz  July 10   398 159

Lonnie JohnsonJuly 24   399 160

Kenneth Parr  August 15 400 161

Johnny Conner August 22 401 162

Daroyce MosleyAugust 28 402 163

John Amador   August 29 403 164

Kenneth FosterAugust 30 404 165

Tony RoachSeptember 5   405 166

Clifford Kimmel   September 20  406 167

Heliberto Chi October 3 407 168


*



NOTE:-IMPENDING 100th execution from HARRIS COUNTY (HOUSTON)


Lonnie Johnson is now scheduled to become the 100th person put to death
after being sentenced in Harris County if he is executed on July 24.










[Deathpenalty] death penalty news----worldwide

2007-06-25 Thread Rick Halperin





June 21



IRAN:

Adulterers spared death by stoning


Iran's judiciary has halted the stoning to death of a man and a woman
convicted of adultery, just 2 days before the sentences were to be carried
out, the Fars news agency reported yesterday.

A report in the Etemad-e Melli daily and women's rights activists said the
2 were to be stoned this morning in a cemetery in the town of Takestan in
the norther province of Qazvin.

"On the order of Qazvin justice chief, based on the directive of the
Iranian judiciary head, the stoning verdict of 2 people was stopped in
Takestan," a judiciary official in Qazvin, Hassan Ghasemi, told the
semi-official agency.

An informed judiciary source also told Fars that late on Tuesday night the
"Qazvin judiciary chief had given a verbal order for the executions to be
stopped."

According to the source, the executions were so near that "the required
plans to carry out the verdict were made". Further details were not given
on what preparations were carried out.

Under Iran's Islamic law, adultery is still theoretically punishable by
stoning. In late 2002, judiciary head Ayatollah Mahmoud Hashemi Shahrudi
issued a directive suspending the practice.

This was at a time when the European Union was making such a moratorium
and other human rights reforms a condition for opening landmark trade
negotiations with Iran.

The halting of the 2 executions appears in line with the judiciary's
insistence that stonings are no longer carried out, even if such sentences
are still handed out by lower courts.

All execution orders must be upheld by the supreme court.

The judiciary vehemently denies that any stonings have been carried out
since 2002, although rights activists and press reports have on occasion
claimed verdicts have been executed.

A group of women's rights activists headed by feminist lawyer Shadi Sadr
have meanwhile been campaigning to have the sentence wholly removed from
the statute books.

Under the punishment of stoning, a male convict is buried up to his waist
with his hands tied behind his back, while a female offender is buried up
to her neck with her hands also buried.

The spectators and officials attending the public execution start throwing
stones and rocks at the convict, who is theoretically released if he is
able to free himself.

(source: Agence France Presse)






[Deathpenalty] death penalty news----FLA., N. MEX.

2007-06-25 Thread Rick Halperin




June 21



FLORIDA:

Execution teams prepare to kill inmates in Florida


2 newly trained teams of executioners are ready to start killing death row
inmates as soon as Floridas new governor gives the word.

The new teams, which are avowedly committed to the principle of "humane
and dignified death," are ready to go into action, according to Gretl
Plessinger, a public relations officer at the Florida Department of
Corrections.

No one knows yet who will be the 1st to be executed after the lifting of a
4-month moratorium in Florida, where there are currently 380 death row
inmates.

On May 9, Florida officially ended its moratorium on executions declared
in mid-December. On the same day, Floridas new governor Charlie Crist
approved an array of proposals to improve the way the state carries out
its executions by lethal injection.

The moratorium was announced on Dec. 15, 2 days after a Florida
executioner fumbled repeatedly as he tried to find the vein in the left
arm of Angel Diaz, a convicted killer. The execution did eventually
succeed, but took more than half an hourat least twice as long as usual.

Activists opposing the death penalty protested all over the world amid
suggestions that Mr. Diaz might have been conscious and experiencing
excruciating pain during some of that time. This would have been a
violation of the U.S. constitution, which bars cruel punishment.

The scale of the protest led outgoing governor John Ellis "Jeb" Bush, the
man who had originally signed the Diaz death warrant, to declare a
temporary moratorium on executions, while a hastily called 11-member
commission investigated how to prevent a repetition.

9 other U.S. states also introduced moratoriums on their executions by
lethal injection. Florida is the 1st of these to lift its moratorium.

Each of Florida's 2 new execution teams consist of 10 people, Ms.
Plessinger said. They have been trained in "numerous" places, including
Terre Haute in Indiana.

Terre Haute is a high-security prison in the geographical center of the
U.S. Its death chamber, the only federal one in the country, was reopened
after the Supreme Court reversed in 1967 its decision against the death
penalty. It was there that Oklahoma City bomber Timothy McVeigh was
executed by lethal injection in June 2001.

Governor Crist, widely-known for supporting capital punishment, has
approved all the 37 recommendations proposed by the commission of
investigation.

The new rules require that a prison warden must be present to confirm that
a condemned inmate is unconscious before the death-producing drugs are
injected, Ms. Plessinger said in an e-mail response to questions submitted
by IPS. This apparently addresses the concern that Mr. Diaz might have
been aware that his executioner was struggling with his needles to
complete the last part of his execution.

In addition, more lighting has been installed in the death chamber, Ms.
Plessinger said.

She sidestepped the question of whether Florida executioners will increase
the dosages of the drugs in its lethal injections, but she confirmed that
there would be no change in the make-up of the chemicals in the 3-part
lethal injection.

The commission had been specifically asked to investigate whether the
drugs used in Floridas executions should be replaced with something else.
"The department explored not only the drugs used in Florida, but other
states and by the federal government," Ms. Plessinger said. "The drugs
utilized by the Florida department of corrections are consistent with the
drugs used in other jurisdictions."

But Ms. Plessinger left open the possibility that changes in the
prescription could be made later. "The department will continue to monitor
developments in pharmacology," she said.

The 3 drugs used in the U.S. lethal injections include sodium pentothal, a
general anesthetic to make the inmate unconscious, pancuronium bromide to
induce paralysis, and a final injection of potassium chloride to stop the
heart.

Ms. Plessinger said she could not give the name of the next death row
inmate to be executed. "The department of corrections does not determine
who is executed. That decision is made by the governor's office," she
said. "At this time, Governor Crist has not signed any death warrants."

In addition to the 37 U.S. states that rely mainly on lethal injections,
China, Guatemala and Thailand also use this method of execution.

(source: Final Call)






NEW MEXICO:

Judge, jury and executioner


This just in: A state district judge in New Mexico has declared the death
penalty unconstitutional.

This will most assuredly be news to the U.S. Supreme Court, which
reinstated capital punishment in Gregg vs. Georgia in 1976, and has upheld
the death penalty numerous times in the past 3 decades.

District Judge Tim Garcia out of Albuquerque recently declared capital
punishment unconstitutional following a murder case. According to Garcia,
during the sentencing phase, juries are "tainted by a premature jury
determin

[Deathpenalty] death penalty news-----CALIF., W. VA., OHIO, NEB., N.Y.

2007-06-25 Thread Rick Halperin




June 21



CALIFORNIA:

Prosecutor: Dead bug testimony helped convict killer


Prosecutors say a University of California entomologist helped put a
killer behind bars with ingenuity that might make television crime writers
envious.

University of California, Davis bug expert Lynn Kimsey examined insects
splattered on the radiator of a rental car to help debunk the alibi of
Vincent Brothers, a former Bakersfield elementary school vice principal
who claimed to be in Ohio when his estranged wife and children were killed
in California.

Kimsey concluded the pieces of red-shanked grasshoppers, golden wasps and
other insects splattered on the nearly brand new car could not have come
from Ohio. The bug collection could only have been amassed by driving
across the western U.S., she found.

Prosecutors used Kimsey's testimony, along with that of other witnesses
and the sheer number of miles driven in the rental, to convince a jury
that Brothers secretly drove back and forth between Ohio and California to
murder his estranged wife, her mother and their 3 young children.

"She is very knowledgeable in her field," said Lisa Green, the Kern County
deputy district attorney who prosecuted the case. "Her testimony was
damning and not effectively rebutted by the defense."

A jury last month recommended the death penalty for Brothers, 44.

Kimsey has been identifying insects for more than 30 years. She said she
has no desire to become a "hired gun" expert witness, but would not
hesitate to testify again, if needed.

"The data should speak for itself," she said.

(source: The Associated Press)






WEST VIRGINIA:

W.Va. needs the death penalty option


RECENT high-profile murder cases have again raised the question of why
West Virginia does not have the death penalty. All five of our surrounding
states allow that option.

Maryland is now considering a death penalty case in the murder of a
Martinsburg man who was working for Maryland Corrections and was killed in
a Hagerstown, Md., hospital by an inmate who faked an injury.

But for a Berkeley County girl murdered in West Virginia by a Virginia
man, it was not an option.

The recent conviction of two Mingo County drug dealers on federal charges
for the murder of 33-year old Carla Collins again raises the case for
capital punishment.

After 18 hours of deliberation, the jury of eight women and 4 men felt the
death penalty was appropriate in this state for this federal crime and
chose it.

When will West Virginia consider capital punishment for similar state
crimes?

National, state and local polls show that most people support capital
punishment for heinous crimes.

A recent Roper Center for Public Opinion Research Poll reported by the
U.S. Department of Justice's Bureau of Justice Statistics showed 68 %
support the death penalty for persons convicted of murder, while 25 %
oppose it.

And whether the breakdown is by age, occupation, income level, race,
gender, education level, region of the country, or political party, the
results are the same -- support for capital punishment.

State polls done by the Charleston Gazette showed 73 % favored returning
the death penalty to West Virginia, with 18 % opposed and 9 % with no
opinion.

My own unscientific polls, conducted every year since 1985, which
thousands of local citizens have responded to, show support for it,
averaging between 85 % and 90 %.

The public is tired of coddling our most violent criminals. John Foster
Dulles, in one of my favorite government quotes, said: "Of all the tasks
of government, the most basic is to protect its citizens from violence."

The arguments against capital punishment have again surfaced:

Is it vengeance and revenge? Is it inconsistent with a pro-life position?
Is it not a deterrent?

While revenge is the act of personally getting even for harm or violence
against someone, in our system of justice a jury is going to be impartial.
If any in the process specifically know the accused, they will be
dismissed from the trial.

It was certainly not vengeance for the jury that chose it for the murder
of the Mingo County mother. They personally knew neither the woman nor her
two convicted killers.

For the victim's family, capital punishment often brings resolution to the
personal tragedy, allowing the family to have closure.

They know justice has been served -- that our legal system has worked
properly.

Is it a deterrent?

Yes. This month, the media reported a series of academic studies over the
last six years showing each execution deters between three and 18
homicides. And the faster the death penalty is implemented, the more of a
deterrent it is.

I am also puzzled by those who don't see any difference between taking the
life of an innocent unborn child who may have the potential to be an
Einstein or Beethoven versus a convicted killer who is not going to become
a Nobel Prize winner or humanitarian.

A 3-time killer like the infamous Ron Williams at Mt. Olive is not going
to offer our society 

[Deathpenalty] death penalty news----TEXAS, USA, S.C., GA., ILL.

2007-06-25 Thread Rick Halperin




June 21


TEXASexecution(s)

Man convicted of stalking, killing ex-girlfriend executed


A West Texas man who stalked his ex-girlfriend after their breakup was
executed Thursday evening for raping, strangling and using a claw hammer
to fatally beat the woman.

"I love y'all and I'm going to miss y'all," Gilberto Reyes said with a big
grin on his face in his brief final statement.

Reyes, 33, had no witnesses on his side of the death chamber. He never
looked at the parents or other relatives of his victim, who watched
through a window.

He was pronounced dead at 6:17 p.m.

When the parents of 19-year-old Yvette Barraz reported her missing after
she failed to return home from work, police wanted to ask Reyes, her
ex-boyfriend, about her disappearance.

Reyes already was known to authorities in Muleshoe in Bailey County along
the Texas-New Mexico border about 70 miles northwest of Lubbock. A month
earlier, Reyes had chased Barraz around town and took a shot at her with a
rifle.

"We certainly wanted to find him and visit with him," recalled Don Carter,
the former Muleshoe police chief. "I don't think you have to be in law
enforcement to figure that deal out. And the fact was we never could find
him, which just made him even more so a suspect."

Two days after she was last seen, Barraz's battered body was found stuffed
under clothing in the hatchback area of her car some 450 miles to the
south in Presidio, along the Rio Grande across from Mexico. She'd been
beaten with a claw hammer, strangled and raped.

It would take another nearly 3 months before police arrested Reyes in
Portales, N.M., about 40 miles west of Muleshoe. When picked up, he was
carrying keys to Barraz's car and home.

Lawyers for Reyes filed suit in federal court challenging the Texas lethal
injection procedures as unconstitutionally cruel. The suit was dismissed
by a judge in Houston.

Blood evidence found outside the restaurant where Barraz worked led police
to believe she was attacked there as she left work the evening of March
12, 1998. Then before dawn the next morning, border police questioned a
man identified as Reyes as he was walking toward Mexico across the
International Bridge at Presidio. He was carrying as much as $100 in coins
but authorities had no reason to detain him and allowed him to continue
into Mexico after a background check showed no warrants were out for him.
They later speculated the coins were Barraz's tip money.

"The sad part about it was he crossed over by the time she was determined
to be a missing person," said Carter, now a captain with the Lubbock
County Sheriff's Department. "So we were just behind him, and since he got
across the border, it delayed apprehension."

At some point, Reyes returned to the United States. Acting on a tip,
authorities arrested him June 7, 1998, in Portales.

At his trial, witnesses told of Reyes and Barraz having a stormy
relationship. A police officer testified Barraz had complained about Reyes
stalking her 2 weeks before she disappeared. DNA evidence from Reyes was
found on the victim's clothing.

A Bailey County jury deliberated about two hours before convicting him of
capital murder. They took another 2 hours before deciding on the death
penalty.

"She was a beautiful, vivacious, respectful young lady," Victor Leal, who
ran the Muleshoe restaurant where Barraz had been working about three
months, said this week. "I regret the fact apparently he'd been stalking
her and she did not tell me that.

"I've always looked back and thought if I had taken time, sat down and
known her a little better, maybe she would have shared that with me and I
would have done something like make sure she was getting walked out to her
car."

Leal, a former mayor of Muleshoe, said the slaying was a jolt to his
community.

"When you have an employee abducted and attacked and eventually killed in
your own parking lot, it takes away what you perceived was some safety in
a small town," he said.

Wednesday evening, Rodriguez, 36, apologized profusely and sought
forgiveness from his victim's family before he was executed.

"You have every right to hate me," he told them. "None of this should have
happened."

Another condemned inmate, Patrick Knight, 39, is set to die Tuesday for
the slayings of Walter and Mary Werner, a couple who lived next door to
him outside Amarillo.

Reyes becomes the 17th condemned inmate to be put to death this year in
Texas and the 396th overall since the state resumed capital punishment on
December 17, 1982. He is the 157th condemned inmate to be put to death
since Rick Perry became Governor of Texas in 2001.

Reyes becomes the 25th condemned inmate to be put to death this year in
the USA and the 1082nd overall since the nation resumed executions on
January 17, 1977.

(sources: Associated Press & Rick Halperin)

**

Man executed in shooting death of Fort Bend County woman


Lionell Rodriguez apologized to the family of the woman he murdered some
17 

[Deathpenalty] death penalty news-----worldwide

2007-06-25 Thread Rick Halperin




June 22



AUSTRALIA:

Rudd to rid world of death penalty: book


An authorised biography of aspiring prime minister Kevin Rudd says one of
his objectives if he gets elected will be to rid the world of the death
penalty.

The book also explains why as an 11-year-old Mr Rudd and his family were
evicted from the Eumundi farm after the death of his father.

Biographer Robert Macklin says Mr Rudd has not spoken about either issue
extensively before.

"There's a heck of a lot that is absolutely brand new [in this
biography]," Macklin said.

"For example, I'm sure that no one has ever mentioned that if he gets to
be prime minister one of his important foreign policy objectives will be
to begin a campaign to rid the world of the death penalty."

Macklin says the biography also tells the "real story" about why the Rudds
had to leave the dairy farm.

"That is the owner of the farm couldn't come to terms with the fact that a
woman might be able to manage it," Macklin said.

"He could only see it in terms of a man being able to do it, even though
Mrs Rudd had been brought up on a dairy farm herself and had a terrific
work ethic, and - according to many people - would've been a better
manager than Bert, her husband that had died."

Next PM?

Macklin admits he did not begin his research on Mr Rudd thinking he would
be a serious contender for the country's top job at the next election.

"But by the end of it I was persuaded that this was a very, very serious
contender for the prime ministership," he said.

Macklin says Australia is ready for a change.

"Kevin is bringing a sense of decency and honesty back into politics
that's pretty damn rare," he said.

Macklin says Mr Rudd is unlike any other Australian Labor leader.

"Well he's streets ahead of a Latham, of course," he said.

"He's more like a Tony Blair, in Blair's early days, than an Australian
Labor leader than I can recall. In fact, I'm quite sure there's no one
that he's reminiscent of in the party.

"When they made Kevin Michael Rudd they broke the mould I think."

(source: ABC News)






INDONESIA:

Police: Indonesian terror suspect to face possible death penalty


Top Indonesian terror suspect Abu Dujana will face charges of weapons and
explosives possession under anti-terror laws that carry a maximum penalty
of death, a police spokesman said Wednesday.

Dujana, arrested June 9 on Indonesia's Java island, has been identified by
police as the military head of the Southeast Asian militant network Jemaah
Islamiyah.

"He will be charged under the anti-terror law over possession of weapons
and explosives," said Maj. Gen. Sisno Adiwinoto.

Adiwinoto said Dujana would also face charges of harboring Malaysian
fugitive Noordin Top, wanted for alleged involvement in a series of bomb
attacks in Indonesia.

Militants linked to Jemaah Islamiyah have been blamed for several bombings
in Indonesia - the world's most populous Muslim nation - including the
2002 nightclub attacks on Bali island that killed 202 people, mostly
foreign tourists, and three other bloody strikes against Western targets
since then.

Adiwinoto did not rule out that Dujana would also face charges over those
bombings and the beheadings of three Christian school girls in eastern
Indonesia in 2005.

(source: Philippine Star)






IRAN:

Iranian Government Works to Outlaw Practice of Juvenile Execution


The execution of people under the age of 18 has "practically stopped" in
Iran and the government is working to ban the practice.

Ali Reza Jamshidi's comments came 2 days after Human Rights Watch called
on Iran to stop executing juveniles, saying the country was the world's
leading offender.

"The execution of children under the age of 18 practically stopped years
ago," IRNA quoted Jamshidi as saying Friday.

Jamshidi said the judiciary had proposed a bill that would outlaw juvenile
executions and hoped the country's legislators would soon approve it, IRNA
reported.

But HRW said in a press release Wednesday that proposed legislation
currently pending in Iran's Parliament would still allow the death penalty
for juvenile offenders if the judge decided the defendant was "mentally
mature." The group called on legislators to remove this legal discretion.

It was not immediately clear if Jamshidi and HRW were referring to the
same bill.

HRW said Iran had executed at least 17 juvenile offenders, 8 times more
than any other country, since the beginning of 2004, including 2 so far
this year.

Such sentences violate international treaties ratified by Iran that
prohibit the death penalty for crimes committed by people under the age of
18, according to the human rights group.

HRW said Iran had executed at least 3 juvenile offenders in 2004, 8 in
2005 and 4 in 2006.

Sudan, China and Pakistan are the only other countries known to execute
juvenile offenders, according to the release.

(source: Pravda)






[Deathpenalty] death penalty news-----NORTH CAROLINA

2007-06-25 Thread Rick Halperin



June 22



NORTH CAROLINA:

Nifong isn't the 1st bad prosecutor


Mike Nifong, disbarred by the North Carolina State Bar, has gotten what he
deserved. While partying with strippers and booze isn't what most folks
call upstanding behavior, it didn't make the three former Duke lacrosse
players rapists.

Nifong apparently sacrificed those boys for political reasons - misleading
the voters of Durham County, N.C., and the rest of us following the case
across the country - knowing that the evidence against them was weak.

Which means that the next time a young woman alleges rape in Durham County
- especially if the accused is a Duke athlete - she better press play on
her video phone. God help the true victims of rape who will have to suffer
through what is now the post-Nifong era.

And yet, with all the damage Nifong did to those young men and to race and
gender relations in Durham County, his sins are not nearly as bad as those
committed a few counties to the west in Winston-Salem by Don Tisdale,
former prosecutor of Forsyth County. In 1984, Tisdale prosecuted Darryl
Hunt for the rape and murder of Deborah Sykes, even though he conceded in
writing that he had doubts about the case.

"4 months before he tried Darryl for his life in 1985, he wrote a letter
to the chief of police," said Mark Rabil, Darryl Hunt's attorney.
"'Contrary to what has been stated publicly, we do not have a solid
prosecution of any kind'," Rabil said Tisdale wrote.

This letter was also referenced in the "Sykes Administrative Review
Committee Report" produced at the request of the Winston-Salem City
Council and presented in February.

Tisdale knew that the so-called witnesses against Hunt were shaky. He also
knew that no physical evidence linked Hunt to the crime. And yet Tisdale
prosecuted him, even pursuing the death penalty.

"When the district attorney, Don Tisdale, was first elected to that
office, (the) first case that he ever lost was against Sammy Mitchell,"
Hunt told me.

He said that Tisdale wanted him to finger Mitchell for the Sykes murder.
If he did, Tisdale said he could get a $12,000 reward and would no longer
be considered a suspect.

Hunt refused, and Tisdale told him that he then would be charged with the
crime.

"'You can't charge me because I haven't committed a crime','" Hunt said he
told the prosecutor. "And he said, 'Watch me.' And he picked up the
telephone and he said, 'Draw up a first degree murder warrant for Darryl
Hunt'."

Tisdale got his conviction and sought the death penalty. Had one more
juror voted his way, Darryl Hunt would have been on North Carolina's death
row.

An abuse of power? Absolutely. A brazen violation of ethics? Positively. A
travesty of justice? Undeniably.

But it took nearly 20 years and two convictions before Hunt would be
cleared and free. A DNA test proved that he didn't rape Deborah Sykes.
Witnesses who had placed him at the scene of the crime were exposed as
unreliable at best and liars at worst.

And perhaps as God winked His eye, another man finally confessed to the
crime and was linked to at least one other rape with a surviving victim.

But unlike Mike Nifong, who may eventually land in a cell similar to the
ones to which he would have confined the Duke lacrosse boys, Tisdale and
the other prosecutors on the Hunt case have never been held accountable
for their miscarriage of justice - not by the state of North Carolina or
the state bar.

And beyond media coverage or the history books, they won't be.

"Back in the '80s and in the '90s, it was very hard to get the attention
of judges or of the state bar or of people, the voters," Rabil said. "And
now it's too late to prosecute these guys because it's been more than 2
years since we found out what they did.

"It's basically a statute-of-limitations problem." Seems more like a
justice problem to me.

(source: Opinion, The Huntsville Times)

*

Couple Says 'I Do' to Atypical Marriage


Tracy Cope  now Tracy Morgan - had never kissed her husband until they
were married Friday.

After a 4-year courtship through the mail and 5 visits from
Nottinghamshire, England, to Raleigh, she married James Lewis Morgan.

Morgan, 52, is a death row inmate at Central Prison, convicted of the
November 1997 stabbing death of Patrina Lynette King, 34, of Asheville.

The 2 met when Cope joined an inmate pen-pal program and started writing
to Morgan. Their friendship quickly turned into romance when they shared
poetry, she said.

"It was called, 'Where Is My Beloved?'" Cope said. "When he wrote back, he
was so touched by it, and he said, "Nobody's ever called me beloved
before."

A year into the relationship, Cope said her parents bought her a wedding
dress  one that she would not wear for more than 3 years.

Cope said they discussed the crime Morgan was convicted of committing, but
that it is no longer a concern to her "once I found out all the details."

Cope jumped immigration hurdles and worked around the clock to gain the
prison's permis

[Deathpenalty] death penalty news-----FLA., MD., OKLA., USA, TENN.

2007-06-25 Thread Rick Halperin




June 22


FLORIDA:

Death penalty upheld for killer of teenager


Ronnie Keith Williams will die by lethal injection for the rape and murder
of a pregnant teenager that left her unborn child severely impaired, the
Florida Supreme Court ruled Thursday.

On Jan. 26, 1993, eight months after being released from prison because of
overcrowding, Williams attacked 18-year-old Lisa Dyke in Wilton Manors.

He stabbed her 18 times in a violent frenzy that permanently injured her
unborn child.

One of the knife wounds penetrated the pregnant woman's womb and cut her
baby's leg. Dyke lived 19 days after the attack and doctors delivered her
son, Julius, before she died.

Today, Julius must breathe and eat through tubes.

He cannot talk or move his limbs without help.

A jury voted 11-1 to recommend that he be executed, but the Florida
Supreme Court granted him a new trial because of an error by a juror.
Williams was convicted again in 2004 and given another death sentence.

(source: Miami Herald)






MARYLAND:

Convicted killer's lawyers seek to overturn sentence


Lawyers representing death row inmate Vernon L. Evans Jr. have asked a
Baltimore County judge to overturn the convicted killer's sentence,
arguing that a juror in his case was biased.

Evans' attorneys argued yesterday in Baltimore County Circuit Court that a
new sentencing hearing was warranted because a member of the jury that
sentenced Evans had said before being selected that he wanted to be on the
panel because he thought Evans should be executed.

Prosecutors said evidence did not support that claim, and they argued that
no new sentencing hearing should be granted.

The defense lawyers' request is one of several legal challenges being
undertaken in an effort to save their client's life. Late last year, a
Maryland Court of Appeals ruling on one of those challenges led to a de
facto moratorium on executions in the state.

Last month in county Circuit Court, Raynette Fiorentino, a potential juror
who was ultimately not selected to decide Evans' 1992 sentencing,
testified that a juror, whom she identified as James Stewart, had
privately said that he wanted to be part of the jury because he wanted
Evans to get the death penalty. Stewart denied making the comments and
said that he was unbiased at the May hearing, lawyers in the case said.

She said that she had told a court official about the comment soon after
it happened, but got in contact with Evans' attorneys last year when she
realized that he was on death row and read his blog. She later identified
Stewart through a photo, said A. Stephen Hut, an attorney representing
Evans.

Hut asked Administrative Judge John Grason Turnbull Jr. for a new
sentencing hearing with a new jury, or to at least reopen the
post-conviction proceedings.

"A defendant in a criminal case, and especially in a capital case,
deserves a jury of 12 impartial members," Hut said in his closing argument
yesterday.

Prosecutor John Cox denied that the juror was biased.

Another dismissed juror, William McHoul, testified yesterday that he would
have been in the same small room as Fiorentino and Stewart but did not
recall hearing anyone make biased statements.

Evans, 57, was sentenced to death for the 1983 contract killings of 2
Pikesville motel workers, David Scott Piechowicz and Susan Kennedy.

Piechowicz and his wife had been scheduled to testify against a Baltimore
drug lord in federal court.

In December, Maryland's Court of Appeals ordered a halt to executions in
the state, ruling that the state's lethal injection procedures had never
been submitted to the legislative oversight and public scrutiny mandated
by law.

Evans' lawyers also have pursued a federal court challenge to Maryland's
lethal injection process.

(source: The Baltimore Sun)



Evans' Lawyer Asks Death Penalty Be Overturned


In Towson, lawyers for convicted murderer Vernon Evans have asked a
Baltimore County judge to overturn his death sentence and order a new
sentencing hearing.

During courtroom arguments Thursday, Evans' lawyers claimed a member of
the jury that sentenced Evans allegedly stated privately that he wanted to
be on the jury because he thought Evans should be executed.

Prosecutors say the evidence does not support the allegation and that the
sentence should be upheld.

The defense motion is one of several defense maneuvers to save Evans'
life. Last year, a Maryland Court of Appeals ruling on another issue led
to a moratorium on executions in Maryland.

Evans was sentenced to die for the 1983 murders of Pikesville motel
employees Scott Piechowicz and his sister-in-law, Susan Kennedy, in 1983.

(source: Associated Press)






OKLAHOMAnew execution date

Court Sets Execution Date For Condemned Killer


The state Court of Criminal Appeals has set an Aug. 21 execution date for
condemned killer Frank Duane Welch.

Welch was sentenced to die for the 1987 murder of Jo Talley Cooper in
Cooper's home in Norman.

The case ha

[Deathpenalty] death penalty news------CALIF., PENN., ALA., S. DAK., OHIO

2007-06-25 Thread Rick Halperin





June 22


CALIFORNIA:

Death penalty likely avertedJudge dismisses kidnap charge in '82
murder case


Former Placer County Sheriff's Deputy Paul R. Kovacich Jr. will not likely
face the death penalty after a judge ruled to dismiss a kidnapping
enhancement in an Auburn Courtroom Thursday.

Kovacich, 58, has been held at Placer County Jail without bail since a
second grand jury indictment alleged that he kidnapped and killed his wife
Janet Kovacich with a firearm more than 2 decades ago.

A defense motion to dismiss a use of a firearm enhancement was denied by
Judge Robert P. McElhany.

If convicted of 1st-degree murder with the enhancements, Kovacich could
have faced the death penalty. But citing insufficient evidence on the
kidnapping special circumstance, McElhany said the grand jury that
indicted Kovacich may have not been advised of any laws relating to the
enhancement.

According to documents filed May 15 in Placer County Superior Court, a
partial skull was found in Rollins Lake Oct. 22, 1995. No other evidence
was collected at that time.

In March 2005, DNA evidence collected in connection with the 1982
disappearance of Janet Kovacich along with human remains were sent to the
Department of Justice's Richmond, Calif. laboratory for forensic analysis
and confirmed to be that of Janet Kovacich.

Due to a gag order, no one connected to the case can comment.

Paul Kovacich, a former Placer County Sheriff's deputy, was arrested March
22 at the Foresthill home of his girlfriend, Dixie King.

King, who worked as deputy for the Placer County Sheriff's Department,
refused to testify before the grand jury, invoking her Fifth Amendment
right. She was not in the courtroom Thursday.

Kovacich has pleaded not guilty.

A status conference has been set for 1 p.m. July 5 in Department 13 of the
Placer County Superior Court.

(source: Auburn Journal)






PENNSYLVANIA:

DA mulls death penalty


A 68-year-old Minersville man will stand trial on charges that he killed a
Saint Clair woman who refused to sit with him at a social function last
month.

Nevin George Wetzel, 401 Westwood St., Apt. B, appeared before Magisterial
District Judge David A. Plachko on Thursday afternoon but, before
testimony for the preliminary hearing began, both sides agreed to a
stipulation that cut the proceeding short.

Public defender Paul Domalakes and Schuylkill County District Attorney
James P. Goodman agreed that any testimony presented would agree with the
facts set forth in the criminal complaint filed against Wetzel by Saint
Clair police Chief Michael Carey.

Goodman told Plachko that the complaint itself proves the commonwealth has
enough evidence to substantiate the charges.

"The facts constitute a prima facie case," he said.

Plachko agreed and ordered Wetzel to stand trial on the felony charge of
criminal homicide, 2 felony charges of aggravated assault and two
misdemeanor charges of simple assault.

Goodman said it is too early to tell if he will seek the death penalty and
that his office is reviewing the statutes governing the death penalty in a
case.

Wetzel was charged with killing Gloria M. Pauzer, 57, inside her 1st-floor
apartment at 219 S. Second St. around 10 a.m. May 8.

Before the hearing, Pauzer's 2 friends who live in the building sat in
Plachkos courtroom waiting for Wetzel to be brought in.

David Jones lives in a 2nd-floor apartment and said he was at work at the
time of the homicide.

When he came home, he saw the womans shoe and a trail of blood.

"Her shoe was in the hallway and there was a trail of blood  I thought it
was paint," he said.

Jones said he went into the apartment because Pauzer's door was slightly
open and saw the body.

Jones said he wished he was not at work that day.

"If I would have been there, I would have got that son of a bitch," he
said.

Joseph Gall lives in a 3rd-floor apartment.

"She was a nice lady, shed always say 'Hi' to you," he remembered.
"Everyone liked her, the whole town knew her."

Jones said that the day before, Pauzer put cushions on chairs on the front
porch of the building.

"We used to go out there, sit and talk and listen to the radio,"

Jones said.

Plachko ordered Wetzel be returned to Schuylkill County Prison where he is
being held without bail since his arrest hours after the slaying.

Schuylkill County Coroner David J. Dutcavich determined that Pauzer died
of a large wound that appeared to have been done with a knife or edged
instrument.

Carey said his investigation determined that Wetzel apparently made
advances toward Pauzer, but the woman did not reciprocate.

Carey said Pauzer told a friend that Wetzel told her he just got out of
prison and if he wanted to get her, there was nothing she could do.

After the killing, Carey said Wetzel was interviewed and admitted knowing
Pauzer from the Senior Citizens Center in Pottsville. Wetzel said he began
speaking with her a few weeks earlier and the 2 did not have an intimate
relationship.

As the interview cont

[Deathpenalty] death penalty news----TEXAS, CONN., MONT., N.MEX., UTAH

2007-06-25 Thread Rick Halperin




June 22




TEXAS:

West Texas man executed in murder


A West Texas man who kidnapped his ex-girlfriend and beat her to death
with a claw hammer was executed Thursday afternoon for the 1998 crime.

Gilberto Guadalupa Reyes, 33, was pronounced dead at 6:17 p.m., eight
minutes after the leth dose began to flow.

Reyes did not look at the family of his victim, 19-year-old Yvette Baiz,
as they stood near the head of the execution gurney, separated by glass
and metal bars.

"I love ya'll and I miss ya'll," Reyes said, beaming from ear to ear with
a smile. He did not specify to whom he was speaking.

Baiz's mother, father, brother, sister and uncle all stared ahead in
silence, seemingly unmoved by the scene.

Reyes requested BBQ turkey and brisket for his last meal, along with a
bowl of cheddar cheese and avocados.

On March 11, 1998, Barraz did not return home from a restaurant in
Muleshoe, Texas, a town along the Texas-New Mexico state line northwest of
Lubbock, where she worked as a waitress.

Baiz was found in the back of Reyes' car, parked behind a store in
Presidio, a Texas border town. Reyes had left the gray 1996 Mitsubishi
hatchack at the Budget Dollar Store and crossed the border on foot in
Presidio, some 450 miles south of Muleshoe.

Reyes, 33, was the 17th inmate executed this year in the nation's most
active capital punishment state and the 2nd in as many days. Another
execution is set for next week.

The U.S. Supreme Court in March refused to review Reyes' case, and a
federal lawsuit on his behalf challenging the constitutionality of the
Texas lethal injection procedure was dismissed Monday by a federal judge
in Houston. No additional appeals were filed by his lawyer.

"I think that's what he wants," attorney Paul Mansur said after meeting
with Reyes on death row this week. "Just let it go."

Reyes already was known to local police. A month earlier, he chased Barraz
around town, took a shot at her with a rifle, wound up getting arrested
and was free on bond.

"We certainly wanted to find him and visit with him," recalled Don Carter,
the former Muleshoe police chief. "I don't think you have to be in law
enforcement to figure that deal out. And the fact was we never could find
him, which just made him even more so a suspect."

Blood evidence found outside the restaurant where Barraz worked led police
to believe she was attacked there. Before dawn the next morning, border
police questioned Reyes as he was walking toward Mexico across the
International Bridge at Presidio. He was carrying as much as $100 in coins
but authorities could determine no reason to detain him and allowed him to
continue into Mexico.

It would take another nearly three months before police arrested Reyes in
Portales, N.M., about 40 miles west of Muleshoe. When picked up, he was
carrying keys to Barrazs car and home.

"The sad part about it was he crossed over by the time she was determined
to be a missing person," said Carter, now a captain with the Lubbock
County Sheriffs Department. "So we were just behind him, and since he got
across the border, it delayed apprehension."

Reyes at some point returned to the United States and acting on a tip,
authorities arrested him about 3 months after the slaying in Portales.

At his trial, witnesses told of Reyes and Barraz having a stormy
relationship. A police officer testified Barraz had complained about Reyes
stalking her 2 weeks before she disappeared. DNA evidence from Reyes was
found on the victim's clothing.

A Bailey County jury deliberated about 2 hours before convicting him of
capital murder. They took another 2 hours before deciding on the death
penalty.

"She was a beautiful, vivacious, respectful young lady," said Victor Leal,
a former Muleshoe mayor who ran the restaurant where Barraz had been
working for several months. "I regret the fact apparently he'd been
stalking her and she did not tell me that.

"Ive always looked back and thought if I had taken time, sat down and
known her a little better, maybe she would have shared that with me and I
would have done something like make sure she was getting walked out to her
car."

(source: Huntsville Item)



Texas execution toll reaches 17, 2 just this week-State leads nation
in capital punishment; 11 executions pending


Gilberto Reyes was executed Thursday night for stalking and murdering his
ex-girlfriend, Yvette Barraz. He is the state's 17th inmate executed this
year and the second this week. Eleven state executions are pending until
Oct. 3, according to a list of scheduled executions on the Texas
Department of Criminal Justice's Web site.

Texas leads the nation in capital punishment.

Michelle Lyons, spokeswoman for the criminal justice department, said
there is no specific reason why the high number of executions have been
scheduled back to back.

"When judges schedule executions, they don't have access to information
that tells when someone else is scheduled for execution," Lyons said

[Deathpenalty] death penalty news----TEXAS, CONN., MONT., N.MEX., UTAH

2007-06-25 Thread Rick Halperin




June 22




TEXAS:

West Texas man executed in murder


A West Texas man who kidnapped his ex-girlfriend and beat her to death
with a claw hammer was executed Thursday afternoon for the 1998 crime.

Gilberto Guadalupa Reyes, 33, was pronounced dead at 6:17 p.m., eight
minutes after the leth dose began to flow.

Reyes did not look at the family of his victim, 19-year-old Yvette Baiz,
as they stood near the head of the execution gurney, separated by glass
and metal bars.

"I love ya'll and I miss ya'll," Reyes said, beaming from ear to ear with
a smile. He did not specify to whom he was speaking.

Baiz's mother, father, brother, sister and uncle all stared ahead in
silence, seemingly unmoved by the scene.

Reyes requested BBQ turkey and brisket for his last meal, along with a
bowl of cheddar cheese and avocados.

On March 11, 1998, Barraz did not return home from a restaurant in
Muleshoe, Texas, a town along the Texas-New Mexico state line northwest of
Lubbock, where she worked as a waitress.

Baiz was found in the back of Reyes' car, parked behind a store in
Presidio, a Texas border town. Reyes had left the gray 1996 Mitsubishi
hatchack at the Budget Dollar Store and crossed the border on foot in
Presidio, some 450 miles south of Muleshoe.

Reyes, 33, was the 17th inmate executed this year in the nation's most
active capital punishment state and the 2nd in as many days. Another
execution is set for next week.

The U.S. Supreme Court in March refused to review Reyes' case, and a
federal lawsuit on his behalf challenging the constitutionality of the
Texas lethal injection procedure was dismissed Monday by a federal judge
in Houston. No additional appeals were filed by his lawyer.

"I think that's what he wants," attorney Paul Mansur said after meeting
with Reyes on death row this week. "Just let it go."

Reyes already was known to local police. A month earlier, he chased Barraz
around town, took a shot at her with a rifle, wound up getting arrested
and was free on bond.

"We certainly wanted to find him and visit with him," recalled Don Carter,
the former Muleshoe police chief. "I don't think you have to be in law
enforcement to figure that deal out. And the fact was we never could find
him, which just made him even more so a suspect."

Blood evidence found outside the restaurant where Barraz worked led police
to believe she was attacked there. Before dawn the next morning, border
police questioned Reyes as he was walking toward Mexico across the
International Bridge at Presidio. He was carrying as much as $100 in coins
but authorities could determine no reason to detain him and allowed him to
continue into Mexico.

It would take another nearly three months before police arrested Reyes in
Portales, N.M., about 40 miles west of Muleshoe. When picked up, he was
carrying keys to Barrazs car and home.

"The sad part about it was he crossed over by the time she was determined
to be a missing person," said Carter, now a captain with the Lubbock
County Sheriffs Department. "So we were just behind him, and since he got
across the border, it delayed apprehension."

Reyes at some point returned to the United States and acting on a tip,
authorities arrested him about 3 months after the slaying in Portales.

At his trial, witnesses told of Reyes and Barraz having a stormy
relationship. A police officer testified Barraz had complained about Reyes
stalking her 2 weeks before she disappeared. DNA evidence from Reyes was
found on the victim's clothing.

A Bailey County jury deliberated about 2 hours before convicting him of
capital murder. They took another 2 hours before deciding on the death
penalty.

"She was a beautiful, vivacious, respectful young lady," said Victor Leal,
a former Muleshoe mayor who ran the restaurant where Barraz had been
working for several months. "I regret the fact apparently he'd been
stalking her and she did not tell me that.

"Ive always looked back and thought if I had taken time, sat down and
known her a little better, maybe she would have shared that with me and I
would have done something like make sure she was getting walked out to her
car."

(source: Huntsville Item)



Texas execution toll reaches 17, 2 just this week-State leads nation
in capital punishment; 11 executions pending


Gilberto Reyes was executed Thursday night for stalking and murdering his
ex-girlfriend, Yvette Barraz. He is the state's 17th inmate executed this
year and the second this week. Eleven state executions are pending until
Oct. 3, according to a list of scheduled executions on the Texas
Department of Criminal Justice's Web site.

Texas leads the nation in capital punishment.

Michelle Lyons, spokeswoman for the criminal justice department, said
there is no specific reason why the high number of executions have been
scheduled back to back.

"When judges schedule executions, they don't have access to information
that tells when someone else is scheduled for execution," Lyons said

[Deathpenalty] death penalty news-----worldwide

2007-06-25 Thread Rick Halperin




June 24



INDIA:

Meeting with President Kalam on Death Penalty, by N D Pancholi


Nirmala Deshpande, Nandta Haksar and the under signed (ND Pancholi) met
President Kalam on Monday the 18th June,07 and urged upon him to accept
the clemency petitions of all the prisoners on death row before he vacates
his office. President listened and said that the issue of death penalty
has not been properly studied. He stressed for the need of a national
debate on death penalty. The following representation in this connection
was also submitted to him. He assured that he would consider it.

REPRESENTATION TO THE PRESIDENT:

June 18, 2007

His Excellency President of India

Dr A.P.J. Abdul Kalam

Rashtrapati Bhawan

New Delhi-110011

Your Excellency,

Re: Memorandum on question of death penalty

We are writing to you in our capacity as human rights lawyers and as
citizens of our country. We would like to say that we, along with hundreds
and thousands of fellow citizens regret deeply that you will soon no
longer be our President. We believe that you have endeared yourself to
lakhs of Indian citizens because somehow you were able to bridge the gap
between Rashtrapati Bhawan and the ordinary citizen. We had begun to feel
we could reach you, our President, personally, and somehow you would hear
our grievances.

We belong to the human rights community and we were very excited and
inspired when you took a public stand against death penalty. As lawyers
who have been dealing with people in jails for more than 3 decades we feel
a special concern for those locked behind high walls and who have no way
to being heard.

India has committed itself to abolishing the death penalty in accordance
with her obligations under international human rights law. We have reached
a point in history when death penalty has been abolished even in cases of
genocide and crimes against humanity. As you know that the Nuremberg and
Tokyo Tribunals had provision for death penalty but the International
Criminal Court (1998) and the International Criminal tribunal for Rwanda
and Former Yugoslavia (1993) do not provide for capital punishment. As
human rights lawyers and activists we long for the day when India will
abolish this brutal, cruel and barbaric practice.

In a situation where there is provision for death penalty principles of
natural justice require that the courts should apply the highest standards
of impartiality, competence and objectivity and independence when
sentencing anyone to death. However, in our country's experience also we
have seen that the "rarest of rare" doctrine has not led to fewer death
sentences, in fact through the years the number of laws which provide for
death penalty has increased and the sentencing shows that the standard is
arbitrary and flexible.

Your Excellency, you have yourself observed that a disproportionate number
of poor and uneducated get the death sentence. And today more than 90 % of
the cases pending before you from Bihar, Jharkhand and Kashmir are people
who are poor and who have not been able to defend themselves because they
could not afford to engage a competent lawyer.

Your Excellency, as human rights lawyers we see gross violation of human
rights every day. But we continue to struggle because despite all the odds
there is still democratic space within which people like us can fight for
the rights of poor and oppressed. But when we see people who are condemned
to death without a fair trial, or no trial at all we feel both outraged
and absolutely helpless. It is this outrage and feeling of helplessness
that has prompted to write to you.

We realize the fight to abolish death penalty is not easy. However, the
fact that you have taken a public stand on the issue has kindled a new
hope not only in the hearts of the human rights community but those
waiting in death row, their families and friends.

Your Excellency, we have published Muhammad Afzal Guru's petition to you.
We have done this so that the facts of his trial are put in the public
domain. We are a enclosing a copy of the book, entitled, The Afzal
Petition: A Quest for Justice. We are also enclosing Nandita Haksar's
book, Framing Geelani, Hanging Afzal: Patriotism in Time of Terror. The
book motivated many people of South Asian origin to join the campaign to
save Afzal Guru from the gallows.

Your Excellency, we do not know for certain what stand the Government of
India has taken with regard to Afzal Guru or the other unfortunate poor
people in death row in Bihar and Jharkhand. But we fear that the
Government would have advised that they all be hanged. Our conscience is
outraged by the fact that more than a million farmers have committed
suicide even as those fighting for the right to minimum wages are being
condemned to death in democratic India .

The decision in the Parliament attack case has sent shock waves throughout
the world. Already 28 British MPs have signed an Early Day Motion asking
that Afzal be pardoned because the verdict lacked le