[Deathpenalty] death penalty news----TEXAS, CONN., N.C., GA., LA., OHIO
Sept. 4 TEXASimpending execution Death WatchTrottie is scheduled for execution next week At 11pm on May 3, 1993, 2 days after his come back to me, or else ... ultimatum to his estranged, common-law wife Barbara Canada, 24-year-old Willie Tyrone Trottie broke into the Houston home of Canada's immediate family and opened fire. Strapped with a 9mm pistol, he ignored the 5 young children in the home but wounded Canada's mother, sister, and brother Titus, who by then had begun returning fire with his own weapon. Titus hit Trottie, but Trottie persisted, eventually finding Barbara in a bedroom, where he shot her 11 times. She died there. Bitch, I told you I was going to kill you, Trottie said, before returning to Titus and shooting him twice in the head. Canada's 29-year-old brother died in front of 2 children. Trottie was arrested that night and charged with the capital murder of both victims. He never testified, and his counsel, Connie Williams, never lobbied for a self-defense argument on the brother's murder ??? instead pushing unsuccessfully for a lesser offense. A jury convicted Trottie on all charges. He was sentenced to death on Dec. 15, 1993. Trottie's appeals cited general ineffectiveness of counsel, which he argued ignored obvious and available defenses ranging from self-defense against Titus to a the fact that Trottie virtually always dressed in black (thus countering the idea that he'd worn the clothes he wore for the purpose of concealing potential blood stains). His attorneys also argued that the state suppressed exculpatory evidence (i.e., a letter from Trottie's former probation officer maintaining that his strained relationship with Canada probably did mess with [Trottie's] head a little), and another citing the prosecutor's repeated reference to tape recordings of phone conversations between Trottie and Canada that had been ruled inadmissible. Last July, an appeal for a retrial was denied by the U.S. Court of Appeals. In May, Trottie wrote to the website Gawker: My faith in God is still strong. Whatever HIS WILL, I'll be content with that. Trottie is scheduled to be executed on Wednesday, Sept. 10. He'll be the 8th person killed by the state of Texas this year, and the 516th since the state reinstated the death penalty in 1976. Trottie's is the 1st execution in 4 months (Manuel Vasquez's August date was ultimately withdrawn, reset still pending). More on Willingham Prosecution In late July, the New York-based Innocence Project filed a grievance with the State Bar of Texas arguing that former prosecutor John H. Jackson violated his professional, ethical, and constitutional obligations in his prosecution of Cameron Todd Willingham, the man put to death in 2004 for allegedly setting fire to his own house, killing his 3 daughters. Central to those allegations is the fact that Johnny Webb, a regular inmate of the Texas prison system who testified against Willingham, provided a detailed account of how he lied on the witness stand after Jackson promised to reduce his sentence. An August story in the Washington Post said the Innocence Project has called for a full investigation of Jackson's handling of the case. Jackson, now retired from his 16-year post as a Navarro County judge, could be sanctioned or even criminally prosecuted for falsifying official records, withholding evidence from the defense, suborning perjury, and obstructing justice. A Mercy Plea In August, the American Civil Liberties Union filed an appeal with the Texas Board of Pardons and Paroles recommending that Gov. Rick Perry grant clemency to Max Soffar, a death row inmate whose guilt is also in question. Soffar, now 58, was arrested in 1980 for a Houston bowling alley murder of three teenagers, after a controversial interrogation that lasted three days yet yielded no audio recording. Soffar maintains that he did not actually rob the bowling alley or commit the execution-style murder, but mishandled his implicating of a friend in an attempt to receive a $15,000 reward. The ACLU notes that Soffar was 24 years old at the time, had suffered a long history of brain damage and substance abuse, and had the mental capacity of an 11-year-old. The ACLU's appeal deals not with Soffar's alleged innocence, but with his rapidly declining health. He contracted liver cancer in 2013, underwent ablation in December, but learned in June that he's experiencing tumor progression. ACLU attorney Brian Stull reports that the average survival time for someone in Soffar's case is estimated at 8.1 months, assuming he takes and can tolerate chemotherapy, which has not yet begun, and that's backdated to at least June. The ACLU attached seven letters to its petition to the governor, including ones from former FBI director William Sessions and former governor Mark White, requesting that Soffar be allowed to die at home. We don't know how long it will take the board
[Deathpenalty] death penalty news----KAN., MO., S.DAK.
Sept. 4 KANSAS: In Cheatham case, judge denies finding death penalty unconstitutionalCourthouse closing cuts short motion hearing A district court judge denied 3 defense motions to find the death penalty unconstitutional during an abbreviated hearing on Wednesday in the retrial of Phillip D. Cheatham Jr. Cheatham's motion hearing had been scheduled for Shawnee County District Court Judge Richard Anderson to hear 16 motions on Wednesday. But the hearing abruptly ended at 9:50 a.m. Wednesday when the courthouse was closed for the day after water leaked into the building's transformer, initially shutting down the elevators and some offices. All offices were shut down, and court and county employees were sent home for the day. The Cheatham hearing started at 9 a.m. Wednesday. Motions denied by the judge were that the Kansas death penalty was unconstitutional because the statute doesn't require the jury to find mitigating circumstances; the death penalty creates a chilling effect on a defendant's right to a jury trial; and juries apply the death penalty in an arbitrary and capricious manner constituting cruel and unusual punishment. Anderson and the lawyers were considering a fourth motion when the courthouse was closed for the day. The Wednesday hearing will resume on Sept. 17 when the remaining 13 motions will be heard. A new trial was ordered for Cheatham, 41, in 2013 after the Kansas Supreme Court overturned his capital murder conviction and death penalty sentence for the Dec. 13, 2003, killings of Annette Roberson and Gloria Jones, who were shot to death in a home at 2718 S.E. Colorado. Cheatham is charged with capital murder in the killings of Roberson and Jones. Cheatham also faces charges in connection with the attempted 1st-degree murder of Annetta D. Thomas, who survived after she was shot 19 times in the attack. Cheatham also faces two alternative premeditated 1st-degree murder counts in their killings, as well as attempted 1st-degree murder and aggravated battery in the shooting of Thomas. Cheatham also is charged with criminal possession of a firearm. After his conviction in his 1st trial, Cheatham was sentenced on Oct. 28, 2005, to the Hard 50 prison term for the killing of Jones, and the death penalty for the slaying of Roberson. Those convictions and sentences were overturned when the Supreme Court ruled Cheatham received ineffective assistance of counsel by Dennis Hawver. Attorneys John Val Wachtel, of Wichita, and Paul Oller, of Hays, are defending Cheatham. Chief deputy district attorney Jacqie Spradling is prosecuting the Cheatham case. (source: Capital Journal) MISSOURIimpending execution Federal judge denies stay of execution for man convicted in 1998 Columbia murders A federal judge Tuesday denied motions to stay the execution and reopen the case of a man convicted in 1999 of killing 2 people in Columbia. Earl Ringo's attorneys argued in federal court proceedings that because Ringo's 1st appointed counsel in 2004 did nothing on his case for 10 1/2 months before he finally got new representation, Ringo's new lawyers did not have enough time to adequately prepare his grounds for relief. Ringo's case was moved to Cape Girardeau County, and he was convicted of 2 counts of 1st-degree murder for the shooting deaths of 2 people at Ruby Tuesday in 1998. At about 6 a.m. July 4, 1998, Ringo, a former Ruby Tuesday employee, and a friend, Quentin Jones Jr., went to rob the restaurant by waiting behind trash bins and attacking delivery driver Dennis Poyser when he arrived. During the robbery, both victims, JoAnna Baysinger, 22, of Jefferson City and Poyser, 45, of Fort Wayne, Ind., were shot in the head. Ringo's execution is set for 12:01 a.m. Sept. 10. Jones testified against Ringo at trial and received 3 life sentences in exchange. U.S. District Judge Brian C. Wimes didn't agree with the arguments made by Kathryn Parish and John William Simon, Ringo's St. Louis-area attorneys. Wimes ruled that extraordinary circumstances did not exist because, even though Ringo's counsel in 2004 had only 49 days to file his habeas relief, they still filed it 2 days before it was due. Wimes today also denied Ringo's motion for relief from judgment for the same reasons he denied the other motions. Ringo's new lawyers had argued that the attorneys would have found more grounds for relief if they had more time. But the record is devoid of evidence indicating what counsel would have done if they had had more time, Wimes wrote. For most of the 12 months Ringo had to file his habeas petition, Parish argued, Ringo was effectively without representation. The lack of counsel in and of itself is a denial of the constitutional right of habeas corpus, Parish said. The decision isn't the end of efforts to stop the state from killing Ringo, Parish said. She and Simon have requested Gov. Jay Nixon appoint an
[Deathpenalty] death penalty news----COLO., N.MEX., ARIZ., CALIF., WASH., USA
Sept. 4 COLORADO: Firearms witness will be allowed to testify at movie theater shooting trial The judge in the Colorado theater shooting case says a firearms expert can testify at the trial of defendant James Holmes. The judge rejected a defense motion to prevent the testimony. He said Wednesday that forensic scientist Dale Higashi is credible and his testimony would be reliable. Higashi works for the Colorado Bureau of Investigation. At a hearing in July, defense attorneys argued that firearms analysis is subjective and lacks statistics to measure its accuracy. Holmes has pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 20, 2012, attack at a Denver-area movie theater. Prosecutors are seeking the death penalty. His trial is scheduled to start Dec. 8. (source: Associated Press) NEW MEXICO: New Mexico high court to hear death-row appeals New Mexico's remaining death row inmates are asking the state's highest court to spare them from potential execution because lawmakers repealed capital punishment after they were sentenced to die by lethal injection. Timothy Allen and Robert Fry contend their death sentences violate state and federal constitutional protections because New Mexico abolished capital punishment in 2009 for future murders but left it in place for them. Both men were convicted and sentenced to death for murders committed years before the repeal. The state Supreme Court will hear arguments from lawyers on Oct. 1, but a decision by the 5 justices likely wouldn't be made until months later. No execution has been scheduled for either Fry or Allen, and both have pending habeas corpus post-conviction appeals in state district court. The Supreme Court has previously upheld their convictions and sentences. Attorney General Gary King, representing the state, contends the death sentences for Fry and Allen are constitutional and should remain in place. The Legislature's decision to apply the repeal to future murders furthers the long-standing policy of ensuring that criminals are punished according to the law that existed at the time of their crimes, Assistant Attorney General M. Victoria Wilson said in written arguments to the court. A group of University of New Mexico law professors and the New Mexico Criminal Defense Lawyers Association is supporting the latest legal challenge brought by attorneys for Fry and Allen. These capital sentences are political vestiges of an abolished state system of death. New Mexico has no compelling interest distinguishing Mr. Allen and Mr. Fry from future defendants who will escape execution because of repeal, the defense attorneys' group said in written arguments submitted to the court. Fry, the last person sentenced to death in New Mexico, was convicted of killing Betty Lee in 2000. The mother of 5 was stabbed and bludgeoned with a sledgehammer in a remote area of San Juan County. Fry also has been sentenced to life in prison for 3 other murders in 1996 and 1998. Allen was sentenced to die for strangling 17-year-old Sandra Phillips in northwestern New Mexico in 1994. He also was convicted of the kidnapping and attempted rape of the Flora Vista teenager. New Mexico's repeal of the death penalty took effect on July 1, 2009, and it applied to crimes committed after that date. Lethal injection was replaced with a sentence of life in prison without the possibility of parole. Then Gov. Bill Richardson didn't commute the death sentences of Fry and Allen. At the time of the repeal, one potential death-penalty case was pending. Michael Astora was later sentenced to life imprisonment for murdering a Bernalillo County sheriff's deputy in 2006. Lawyers for Fry and Allen contend that their clients' death sentences, in light of the 2009 repeal, violate state and federal constitutional provisions against cruel and unusual punishment and equal-protection guarantees. Executing Mr. Fry but not other members of the same class of offenders based only on a date is arbitrary and freakish and violates the state constitution, Fry's lawyer, Kathleen McGarry, said in written arguments. She said Wednesday in a telephone interview that Connecticut's highest court is considering a similar legal challenge involving death-row inmates sentenced before that state abolished the death penalty in 2012. New Mexico's last execution was in 2001. Child-killer Terry Clark's execution was the 1st in the state in 41 years. (source: Associated Press) ARIZONA: With Retrial Looming, Jodi Arias Sends Investigator To Crime Scene In Gory 2008 Murder Jodi Arias wants to take things back to the scene of the crime. The convicted murderer, in her penalty phase retrial, has successfully petitioned the court to allow an investigator she's hired to the Mesa, Ari. home where she gored former boyfriend Travis Alexander with a series of knife plunges and a
