[Deathpenalty] death penalty news----TEXAS, CONN., GA., MD., S.DAK., NEV.

2011-10-27 Thread Rick Halperin




Oct. 27



TEXASexecution

Convicted Cop Killer Executed in Huntsville


Former San Antonio street gang member Frank Garcia has been put to death for 
fatally shooting a veteran police officer who was trying to resolve a domestic 
dispute.


Garcia was condemned for killing 48-year-old Officer Hector Garza, a father of 
5 who had 25 years on the San Antonio police force when he was gunned down 
March 29, 2001. Garcia's wife also was killed in the gunfire.


The 39-year-old Garcia shouted "Thank you, Yahweh," over and over until he lost 
consciousness. He was pronounced dead at 7:02 p.m. CDT Thursday.


A half-hour before, the U.S. Supreme Court refused to block the punishment. 
Garcia's lawyers argued in appeals he was mentally impaired and ineligible for 
the death penalty under high court rulings.


Garcia becomes the 12th condemned inmate to be put to death this year in Texas, 
and the 476th overall since the state resumed capital punishment on December 
17, 1982. Garcia becomes the 237th condemned inmate to be put to death in Texas 
since Rick Perry became governor in 2001.


Garcia becomes the 39th condemned inmate to be put to death this year in the 
USA and the 1273rd overall since the nation resumed executions on January 17, 
1977.


(sources: Assoicated Press & Rick Halperin)

**

Man convicted of killing cop, wife put to death in Texas


A Texas man convicted of murdering a San Antonio police officer before turning 
his gun on his wife was put to death Thursday evening, soon after the U.S. 
Supreme Court rejected his last-minute appeal.


The time of death for Frank Martinez Garcia was 7:02 p.m. CT (8:02 p.m. ET), 
said Texas Department of Criminal Justice spokeswoman Becky Blanton.


Garcia was 28 on March 29, 2001, when San Antonio police officer Hector Garza 
responded to a call about a domestic disturbance at the home Garcia shared with 
his parents, his wife, Jessica, and their children.


Garza, 49, died first after being shot 3 times by Garcia, the Texas Department 
of Criminal Justice said on its website. Garcia's wife died after he shot her 6 
times.


He also fired several shots at others outside the home, wounding his wife's 
uncle, according to authorities. The couple's 5-year-old daughter witnessed the 
murders, according to the Department of Criminal Justice.


The office of Texas Attorney General Greg Abbott stated, on its website, that 
Garcia -- who had been arrested with gang members in 1992 -- also fired his 
weapon at the vice principal of a nearby elementary school, hitting the front 
door of the school.


Garcia eventually surrendered to police, later admitting in a formal written 
statement that he had intentionally killed both the police officer and his 
wife, according to the attorney general.


A Bexar County grand jury indicted him in September 2001 for capital murder.

During his trial, jurors saw photos from inside Garcia's home showing him and 
his wife brandishing weapons. Prosecutors also noted that his wife Jessica 
sought help from a battered women's shelter in 1994, after alleging physical 
and emotional abuse, while her co-workers had seen marks and bruises on her.


In February 2002, Garcia was convicted and sentenced to death.

The Texas Court of Criminal Appeals affirmed his conviction 2 years later. And 
in 2007, the same court denied his application for habeas corpus relief -- in 
other words, claiming the state didn't have a right to hold him -- according to 
the attorney general.


A U.S. district court turned down a similar petition in 2009, and a U.S. 
Circuit of Appeals court rejected his appeal the following year. In March 2011, 
the U.S. Supreme Court denied his writ of certiorari review, a legal term 
related to a higher court reviewing a lower court's decision.


(source: CNN)

**

Rival hits Perry on death penaltyDark horse Johnson contends innocent may 
have been executed



Former New Mexico governor and current Republican presidential hopeful Gary E. 
Johnson said he saw the dangers of the death penalty up close during his 2 
terms in office - and says he is convinced Texas has executed innocent people.


In a wide-ranging interview with editors and reporters at The Washington Times 
this week, Mr. Johnson, who is mounting a long-shot bid for GOP nomination, 
said his current opposition to the death penalty stems from having once pushed 
a bill to curtail appeals that he modeled on Texas law, but which, he now says, 
would have led in at least one case to the execution of innocent persons in a 
gang-murder case.


“If my legislation would have passed, they would have been put to death, and 
they would have been innocent. And I believe Texas has done the same,” he said, 
pointing to the neighboring state run by Gov. Rick Perry, who is also running 
for the presidential nomination.


He said he does not know for certain Texas has executed innocent people, but is 
convinced it has happened “just because of how many

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

2011-10-27 Thread Rick Halperin




Oct. 27


MOROCCO:

Verdict in Morocco blasts case expected Friday


The trial of 9 people accused over an April bomb attack that killed 17 in 
Marrakesh neared closure Thursday as a lawyer for the alleged mastermind 
insisted his client was innocent.


Prosecutors say Adil al-Atmani and eight accomplices orchestrated the April 28 
blast at a cafe packed with European tourists, but defence lawyer Hassan Mouhib 
told the court in Sale, near the capital Rabat, that the government had not 
proved its case.


A final hearing is set for Friday with a verdict expected later in the day 
against the suspects who all deny guilt in the case.


Mouhib asked the tribunal to be "fair" in judging his client Atmani, who 
initially admitted to his role in the bombing but later retracted his 
confession, claiming he had been set up.


Prosecutors last week said Atmani and co-accused Hakim al Dah should be 
sentenced to death.


But lawyers representing the victims' families previously asked the court to 
sentence the accused to life in prison and not death, partly to deprive them of 
boasting that they will die as martyrs.


Mouhib invoked Morocco's new constitution, which was massively backed in a July 
referendum, which guarantees the "right to life."


Morocco has not enforced its death penalty provision since 1992.

Atmani has said he made trips to Libya, Mauritania, Mali and Algeria, which 
prosecutors have pointed to as proof of his links to global jihadist 
organisations, including Al-Qaeda.


But his lawyer dismissed those arguments, saying his client had travelled in 
pursuit of trade opportunities.


According to co-defendant Mohamed Njim, Atmani previously expressed a desire to 
practice jihad (holy war) in Chechnya.


Moroccan authorities had initially blamed Al-Qaeda's north African branch for 
the bombing but AQIM, seen behind a series of attacks and kidnappings in north 
Africa, denies responsibility.


(source: Yahoo.com)






TAIWIAN:

Taiwan pays compensation for wrongful execution  President Ma Ying-jeou has 
apologised to the family of the executed man



Taiwan's defence ministry says it will pay $4.4m (£2.7m) in compensation to the 
relatives of an air force private who was wrongly executed in 1997.


Chiang Kuo-ching was found guilty of raping and killing a 5-year-old girl, but 
in September this year a military court overturned the conviction posthumously.


The court said Mr Chiang was innocent and had been tortured into confessing.

The case has reignited debate in Taiwan about the death penalty.

Mr Chiang was working at a military base in 1996 when the girl, whose mother 
also worked there, was found dead.


After he was executed, his parents spent years campaigning to clear his name.

'Lessons learned'

The case was reopened earlier this year and investigators found no evidence 
that Mr Chiang had been at the scene of the crime.


Another man with a history of sexual abuse has since been arrested.M

A lawyer for Mr Chiang's mother said the family accepted the compensation 
offered.


Taiwan's President, Ma Ying-jeou, has apologised to the family.

The island's defence ministry says it has learned lessons and will not allow 
such miscarriages of justice to happen again.


However, campaigners against the death penalty say Taiwan's justice system 
cannot guarantee that mistakes will not be made in future.


In 2003, three men sentenced to death were acquitted on appeal after a court 
said there was no evidence linking them to the crime.


They were also found to have been tortured into confessing.

Taiwan's Supreme Court this year asked for a retrial.

No executions were carried out in Taiwan between 2006 and 2009 due to a 
moratorium, but the government revived the death penalty last year under 
pressure from the families of murder victims.


Since then, 9 death row inmates have been executed.

*

Death penalty policy remains unchanged: justice minister


Minister of Justice Tseng Yung-fu reaffirmed Thursday that there has been no 
change in the government's policy of minimizing rather than abolishing capital 
punishment. "Our policy remains unchanged -- the death penalty will be used as 
little as possible, but will not be scrapped for the time being," Tseng said 
during a Legislative Yuan session. While death-row inmates will definitely be 
executed once all legal proceedings are completed, prosecutors have been asked 
to minimize recommendations of capital punishment, he said. Tseng's statements 
came after the United Daily News (UDN) said in a front-page story the same day 
that Taiwan had reversed its policy on capital punishment.


The Ministry of Justice (MOJ) has suggested in its first-ever human rights 
report that prosecutors refrain from recommending the death sentence for 
defendants or criminal suspects, the paper said. "The suggestion aims to 
minimize and even avoid death sentencing," an MOJ official was quoted as 
saying. The newspaper cited the example o

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

2011-10-27 Thread Rick Halperin





Oct. 27


TEXASimpending execution

Appeals court rejects condemned Texas cop killer


The Texas Court of Criminal Appeals has refused to halt the execution of a San 
Antonio man for fatally shooting a veteran police officer trying to resolve a 
domestic dispute.


Frank Garcia faced lethal injection Thursday evening for the 2001 slaying of 
48-year-old San Antonio police Sgt. Hector Garza.


Attorneys for the 39-year-old Garcia argued he was mentally impaired and 
ineligible for the death penalty under U.S. Supreme Court rulings. They also 
contended his earlier attorneys were deficient in failing to address those 
mental impairment issues.


Garza was shot responding to a call about a man trying to keep a woman from 
leaving a home with 2 children. Garcia later told authorities he aimed for 
Garza's head and opened fire, then "went crazy" and killed his wife.


(source: Associated Press)

*

Clock Ticks Down Toward Execution Of Convicted Texas Cop Killer -- A 
39-year-old Texas death row inmate is scheduled to die Thursday evening for the 
murder of a police officer a decade ago.



Frank Garcia, 29, the convicted killer of a San Antonio police sergeant, is 
headed to the Texas death chamber Thursday evening.


Garcia would be the 12th Texas prisoner executed this year if his lawyers 
aren't able to convince a court the former street gang member should be spared 
from lethal injection.


Garcia was sentenced to die for gunning down San Antonio Police Sgt. Hector 
Garza, 48, in March 2001 after the officer responded to a domestic violence 
call.


Garcia shot Garza 3 times, records show.

Garcia also killed his 21-year-old wife as she was trying to leave home with 
their 2 children after years of abuse.


She was shot 6 times.

The couple’s 5-year-old daughter witnessed both murders.

The San Antonio Police Officers Association chartered buses so officers can be 
outside the prison in Huntsville to show support for their slain colleague as 
his killer was to be put to death.


(source: KWTX News)






SOUTH DAKOTAnew death sentence

Inmate in SD guard killing sentenced to death  He tells judge that his one 
regret was that he did not kill another officer and that he will kill again



A South Dakota inmate was sentenced to death Thursday for killing a prison 
guard by bashing him with a pipe, covering his mouth with plastic wrap and then 
wearing the dead man's uniform during an attempt to escape.


Eric Robert, 49, had pleaded guilty in September to killing Ronald "R.J." 
Johnson on April 12 — Johnson's birthday — as he tried to sneak past other 
security. Robert waived his right to a jury trial and had asked the judge to 
sentence him to death, saying his one regret was that he did not kill another 
officer and that he will kill again. Second Circuit Judge Bradley Zell said 
Thursday that Robert's attack on Johnson went beyond trying to incapacitate him 
and Robert showed "extreme anger to the point of hatred."


Robert nodded when the judge said he was not likely to be rehabilitated, and 
that his need for control would lead him to kill again. He had told Zell during 
his pre-sentencing hearing that he was so full of anger and hungry for freedom 
the day of the escape attempt that he would have killed anyone who stood in his 
way.


"Brad Zell, if you stood between me and the door of freedom, I would kill you," 
Robert said.


Robert said he was sorry he did not bring the pipe with him to the gate to kill 
the officer who stopped him. Once he realized his plan was going to fail, 
Robert said he began climbing up the wall of the prison — not to escape but to 
try to reach for the rifle of an officer on the lookout.


"I would have shot that weapon until it was empty," he said.

South Dakota Attorney General Marty Jackley had said during pre-sentencing that 
the state was seeking the death penalty based on five aggravating factors. They 
were: the death of a correctional officer, the manner of death, where and why 
it occurred, and the defendants' criminal background.


Zell had to find at least one was present during the killing to sentence Robert 
to death.


Jackley, standing in front of Johnson's family while speaking to reporters, 
said the case shows that the death penalty is reserved for the most heinous 
crimes.


"It is my position justice has been served in this case," Jackley said.

Mark Kadi, Robert's attorney, said Robert will not take any additional steps to 
delay the execution, but the state Supreme Court will look over the sentence as 
part of a mandatory process.


"It's a situation where you see everyone gets what they want, but everyone is 
miserable," Kadi said.


During the sentencing, Robert was at first stone-faced, but his demeanor began 
to shift as the judge described in detail how he had been a good student, a 
diligent worker and a dedicated son to his mother.


Robert's face turned red and he clenched his jaw as he appeared to cry as the 
judge