[Deathpenalty] death penalty news----TEXAS, VA., S.C., FLA., LA.
Nov. 11 TEXASnew (2014) execution date) Execution date set for Garner's killerJudge sets Dec. 11 The family of Vicki Garner last Friday came 1 step closer to justice when Judge Christi Kennedy of the 114th District Court ruled to set an execution date for Garner's killer, Robert Charles Ladd, in a hearing that took place in the Smith County courthouse. The execution is scheduled to take place on Thursday, Dec. 11, after 6 p.m. Garner's younger sister, Teresa Wooten of Mount Pleasant, attended the hearing with 8 additional family members. Wooten said it was a very emotional moment for the family. "It was the 1st time we had seen Mr. Ladd since 2002," Wooten said. "This has been a long time coming." Vicki Ann Garner, a member of the Mount Pleasant High School Class of 1977, was brutally murdered on Sept. 25, 1996 in Tyler. Ladd was convicted and sentenced to death less than a year later on Aug. 27, 1997. Wooten said the journey has been a tough emotional road for the family Garner left behind. "As we get closer to the date in December, it is not something we will celebrate in so much the death of Mr. Ladd," Wooten said. "It is the opportunity for us to realize justice for Vicki." (source: Daily Tribune) ** Executions under Rick Perry, 2001-present-279 Executions in Texas: Dec. 7, 1982-present518 Perry #scheduled execution date-name-Tx. # 280Dec. 11--Robert Ladd---519 281Jan. 14--Rodney Reed---520 282Jan. 15--Richard Vasquez---521 283Jan. 21---Arnold Prieto522 284Jan. 28---Garcia White-523 285Feb. 4Donald Newbury---524 286Feb. 10---Les Bower, Jr.---525 287Mar. 11---Manuel Vasquez---526 288Mar. 18---Randall Mays-527 289Apr. 15---Manual Garza-528 (sources: TDCJ & Rick Halperin) *** What it's like to witness executionsHer interview Tuesday at 10 p.m. on Local 2 Few people have seen as many executions as Michelle Lyons. For 10 years she served as a spokeswoman for the Texas Department of Criminal Justice. It was her job to witness executions so she could answer questions from reporters around the world. Lyons estimates she has witnessed nearly 280 people die and kept a journal. "The inmate would lay on the gurney and be strapped to the gurney and the IV lines would be established," Lyons said. "You never knew what was going to be said in the last statement. There were times I saw a lot of anger from the inmate. There were times I saw sincere emotion and apologies." In a TV interview with Local 2's Jace Larson, Lyons talked about the most difficult moments of her job and says her position on the death penalty has not changed. 1 tough moment was the execution of Cameron Willingham on Feb. 17, 2004. "That was the worst execution I've ever seen. It was so incredibly awful the things that were coming out of his mouth and how foul his last statement was. It was directed at the victim's mother who happened to be his ex-wife." The State of Texas publishes the last statements of inmates before they die. The statement for Willingham is only partially included. A note reads "[Remaining portion of statement omitted due to profanity.]" (Read the published statement here: http://www.tdcj.state.tx.us/death_row/dr_info/willinghamcameronlast.html) Tuesday at 10, hear Lyons talk about the unexpected emotions she experienced after she left her position with the state. (source: click2houston.com) We Need Someone to Judge the Judges Judge Edith Jones is no stranger to controversy. The 65-year-old jurist has served since 1985 on the notoriously fractious 5th U.S. Circuit Court of Appeals, and is known for her conservative and often controversial opinions. She's decided that a sleeping lawyer isn't necessarily a bad one for a criminal defendant to have, claimed that bankruptcy filings have increased because of a "decline in personal shame," and said that the legal system is corrupt in part because it has strayed from its religious underpinnings. But it was a speech at the University of Pennsylvania School of Law last year that earned her a formal ethics complaint, filed by several Texas civil rights groups and a group of nationally known legal ethicists. In that speech to an audience of law students - billed as a federal death penalty "review" - Jones allegedly made a host of improper and racist statements that, according to the complainants, violated her duty to be impartial and damaged public confidence in the judiciary. According to multiple affidavits, Jones said, among
[Deathpenalty] death penalty news----OHIO, TENN., IND., ILL., MO.
Nov. 11 OHIO: Ohio lawmakers looking to keep execution drug sources secret State lawmakers are preparing to introduce legislation to address legal concerns about Ohio's administration of the death penalty, likely including language to keep secret the names of sources of execution drugs. Republican House Speaker Bill Batchelder and Republican Senate President Keith Faber mentioned the potential law changes during a post-election conference in Columbus Thursday, where they discussed legislation that could be passed by the two chambers before the end of the year. "We are looking at language in that area," Batchelder said concerning capital punishment. "That may come up before we go home." Faber added, "We anticipate that we're going to work with the attorney general and the prosecutors on trying to get something done on that." Batchelder said the legislation has been drafted, and he anticipated its introduction in coming days. He declined to offer specifics about what would be included in the bill, though he said it would address issues that have arisen from court decisions related to the death penalty. "We have a problem in the sense that some of the federal judges have held that our existing system does not provide due process safeguards for those who have been convicted of homicide," he said. Executions have been on hold for most of the year, after a federal judge stayed scheduled lethal injections while state prison officials consider changes to the execution process. In August, U.S. District Court Judge Gregory L. Frost ruled "the state of Ohio and any person acting on its behalf is hereby stayed from implementing an order of execution of any Ohio inmate issued by any court of the state of Ohio until Jan. 15, 2015 or until further order from the court." Frost issued a comparable stay earlier in the year, following the prolonged death of Dennis McGuire in January and a subsequent decision by the Department of Rehabilitation and Correction to increase the dosage of 2 drugs used in lethal injections. McGuire, who received a capital sentence for the rape and murder of a pregnant Preble County woman, was the first inmate executed using a new 2-drug combination. The process took about 25 minutes, and witnesses described him gasping for breath. State prison officials who reviewed his execution said McGuire was "asleep and not conscious" and "did not experience pain, distress or air hunger" during his lethal injection. The next scheduled execution, pending additional delays, will be Ronald Phillips Feb. 11. Phillips, who was convicted in the 1993 rape and murder of a 3-year-old girl in Akron, was originally scheduled for execution last year, but Kasich temporarily postponed the lethal injection after the inmate asked to determine whether he could donate organs to ailing family members. Drug Issue Under execution protocols adopted last year, state prison officials could purchase lethal injection mixtures from so-called compounding pharmacies - a change that was made after the manufacturer of such drugs refused to sell them for use in executions. But Attorney General Mike DeWine said last month state prison officials have had difficulties finding pharmacies willing to provide the state's lethal injection drug because they don't want to be identified publicly. "This is something that the legislature has to look at," DeWine said last month. The legislation to be considered by lawmakers in coming weeks could call for the names of companies that sell execution drugs to the state to be kept private. "I think the general idea is to let the department of corrections acquire those things in private and not to have to disclose publicly where they're getting their drugs from," Faber said. "Who they buy their drugs from I don't think is necessarily relevant to what their mission is." He added, "As long as Ohio has a capital punishment, we need to make sure it's carried out fully, fairly and in consistency with the law. So that's going to be our question." Another possibility would be allowing the import of execution drugs from overseas, Batchelder said. (source: The Daily Record) Rufus Gray indicted on aggravated murder charges in slaying of 12-year-old stepdaughter A Cuyahoga County grand jury Monday indicted Rufus Gray on charges of killing his 12-year-old stepdaughter Oct. 30. The indictment charges Gray, 59, of Cleveland, with aggravated murder, attempted murder, felonious assault, aggravated burglary, domestic violence and possessing weapons while a convicted felon. He will appear in Cuyahoga County Common Pleas Court on Friday for his 1st appearance. County Prosecutor Timothy McGinty's office is expected to consider filing additional charges that could bring the death penalty. An internal committee of the prosecutor's office considers slayings that could bring the death penalty. The committ
[Deathpenalty] death penalty news----NEB., OKLA., ARIZ., NEV., IDAHO, CALIF., ORE., US MIL.
Nov. 11 NEBRASKA: Former prison warden says Nebraska would be better off without death penalty Nebraska officials should prepare for a possible botched execution if they obtain the lethal drugs to carry out the death penalty, says a former Oregon prison warden who opposes capital punishment. And if a condemned inmate fails to die as planned, some of the prison staff members assigned to the task could need psychological help, said Frank Thompson, who oversaw a pair of executions during the 1990s in Oregon. "Oklahoma and Arizona could happen right here in Nebraska and your staff and the general public deserve better," Thompson said Monday, referring to executions in which witnesses said the condemned experienced prolonged deaths and appeared to have felt pain or struggled to breathe. Nebraska has 11 inmates on death row but currently lacks a viable death penalty because one of its expired lethal injection drugs has become difficult to replace. Attorney General Jon Bruning recently said he expects it will take about a year before the state could resume executions. Nebraska last executed a convicted killer in 1997, when the method was the electric chair. The Legislature switched to lethal injection in 2009. Thompson, 71, of Salem, Oregon, has been making public appearances this week as a guest of Nebraskans for Alternatives to the Death Penalty. He spoke at events in Omaha, Columbus and Fullerton over the past 2 days and will appear in Wahoo and Hastings on Tuesday. Thompson experience of carrying out Oregon's lethal injection protocol almost 20 years ago turned him from a supporter of capital punishment to a committed opponent. In an interview Monday, he argued Nebraska should direct the money it spends on maintaining a death penalty to services for crime victims or prisoner rehabilitation. He also argued that state officials need to take into account the psychological impact an execution can have on those who carry it out. Even if the condemned person dies without outward signs of suffering, it can leave emotional scars on those involved. "This is immoral, in my opinion, when you have reasonable alternatives," he said. Some listeners at his Nebraska talks have politely challenged his positions, he said. He said he understands the anguish of survivors because he lost a 1st-cousin, a man he described "closer than a brother, to a killer who was later executed. "I can remember feeling good about his execution, but I can tell you right now, I wish (my cousin) was still alive," he said. "After a while, (his killer's) execution really didn't solve anything for me." A spokesman for the Nebraska Department of Correctional Services did not respond to a message seeking comment about Thompson's policy positions. But former Corrections Director Bob Houston, who resigned earlier this year, said Monday that the department provides emergency services for corrections officers and other staff members, including counseling. He said he was not aware of emotional problems that emerged among past members of the execution team. "It's difficult for staff, but that's the nature of public service," Houston said. "That just happens to be one of the many things that's difficult for corrections people to carry out." Houston declined to say whether he agrees or disagrees with Thompson's position that abolishing capital punishment is in the best interest for corrections departments. "That's for policy makers to decide," he said. "Even in retirement, that's not for me to decide." State Sen. Ernie Chambers of Omaha has vowed to continue his fight against the death penalty, and it is expected he will introduce a bill to outlaw the practice when the Legislature convenes in January. In 2013, a total of 28 senators voted to cut off a filibuster of Chambers' repeal bill, short of the 33 votes necessary. But the vote also signaled the most support behind a repeal effort in recent years. The Legislature will welcome 18 new senators in January. Republicans gained 5 seats in the officially nonpartisan body, for a total of 35. Democrats hold 13 seats, and there is one independent. Republican governor-elect Pete Ricketts has said he supports the death penalty. (source: omaha.com) OKLAHOMA: Jury finds Oklahoma man accused of beating mother to death with a brick guilty Monday night a jury found a man accused of killing his 87-year-old mother with a brick guilty. Darrell Frederick faces the death penalty for allegedly murdering his mother, Connie Bernice Frederick, inside of her home in March 2011. She died from her injuries at the hospital. Attorneys presented closing arguments Monday. Defense attorneys claimed the injuries could've resulted from a fall, but prosecutors argued 2 eyewitnesses saw Frederick wielding a brick outside his mother's home. Connie Frederick was deaf and communicated by sign language. Her granddaughter testified when
[Deathpenalty] death penalty news----worldwide
Nov. 11 MALAWI: Malawi courts to re-hear cases of prisoners on mandatory death penalty Malawi's judiciary has said it will soon sit to re-hear cases of prisoners who were previously sentenced to mandatory death penalty. The re-hearing will only deal with the question of the sentence, to according to Joseph Chigona, Registrar of the High Court of Malawi and Malawi Supreme Court of Appeal. Re-hearing of the cases on sentence is also aimed at complying with the judgment of the High Court sitting as Constitutional Court in Kafantayeni and others v Attorney General - constitutional case No.12 of 2005 (Kafantayeni Case) and that of the Malawi Supreme Court of Appeal in Mclemonce Yasin v The Republic MSCA Criminal Appeal No. 25 of 2005 (Mclemonce case). Section 210 of the Penal Code (Cap.7:01 of the laws of Malawi), before being amended in 2011, provided "any person convicted of murder shall be sentenced to death". The Section didn't not allow the High Court to exercise discretion (in sentencing a murder suspect) to take into account mitigating and aggravating factors, to consider peculiar circumstances of the case, or to decide whether to impose a lower sentence. In effect, according to the Judiciary, the Section imposed a mandatory death penalty on murder convicts. As such, the constitutionality of the imposition of the mandatory death sentence was challenged in the Kafantayeni Case. On 27 April 2007, the High court held that the imposition of the mandatory death sentence was a violation of the right to a fair trial provided for under Section 42 of the Constitution and was unconstitutional. "For avoidance of doubt, the High Court did not abolish the death penalty but rather held that courts should be able to tale into account all circumstances of the case and decide whether to impose the death penalty or a lower sentence," said Chigona. The Malawi Supreme Court of Appeal in the Mclemonce Case held that all prisoners who had been sentenced to the mandatory death penalty were entitled to be re-heard on sentence, for the court to take into account mitigating and aggravating factors of the case and decide the appropriate sentence to impose. The Court further observed that it was the duty of the Director of Public Prosecutions (DPP) to bring before the High Court for sentence re-hearing all prisoners sentenced to death under the mandatory provisions of Section 210 of the Penal Code. "The Judiciary wishes to inform the public that it is ready to start re-hearing the cases," said Chigona. (source: Nyasa Times) INDONESIA: Death penalty will not bring a deterrent effect: While many members of the Indonesian public agree with the death penalty for drug smugglers and embezzlers, human rights officials note that it will not bring the deterrent effect that lawmakers and the public want. The Indonesian representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR), Rafendi Djamin, explained that a large chunk of the public still believes that the death penalty will deter potential criminals from engaging in crimes. "The deterrent effect of the death penalty cannot be totally proven. Even if you sentence an embezzler to death, the problem of corruption won't go away. "The solution lies in the firmness of a life sentence: give the embezzlers no power to influence how their sentence will be carried out," Rafendi told The Jakarta Post after speaking at the 3rd Jakarta Human Rights Dialogue on Monday. The reason why Indonesia???s stance on the death penalty remains vague, he said, was because it was supported by government authorities such as the police and the National Narcotics Agency (BNN). Indonesia resumed the death executions of convicts in 2013, 5 years after the last death penalty case was carried out in 2008, involving the 3 Bali bombers who were responsible for the deadly bombings on the island in 2002. The executions in 2013 included Nigerian drug smuggler Adam Wilson in March, 3 convicted murders in Cilacap prison in May, and a Pakistani drug smuggler in November, all of which drew criticism from human rights activists on Indonesia's inconsistent stance on the death penalty. Rafendi commented that the resumption of the death penalty could be seen as an attempt by the government to project an image of firmness in upholding the law, an attempt that he says is "dangerous" due to the indirect use of fear. He recommended that the Joko Widodo-Jusuf Kalla government conduct open public discussions regarding the abolition of the death penalty, and urged the president to align the nation's laws in accordance with international human rights laws and precedents, even if it means revising the penal codes. Meanwhile, the European Union's special representative for human rights, Stavros Lambrinidis, who was the keynote speaker at the human rights dialogue, suggested that the reasons why almost all countrie
[Deathpenalty] IMPENDING TEXAS EXECUTIONS
Executions under Rick Perry, 2001-present-279 Executions in Texas: Dec. 7, 1982-present518 Perry #scheduled execution date-name-Tx. # 280Dec. 3---Scott Panetti-519 281Dec. 11--Robert Ladd---520 282Jan. 14--Rodney Reed---521 283Jan. 15--Richard Vasquez---522 284Jan. 21---Arnold Prieto523 285Jan. 28---Garcia White-524 286Feb. 4Donald Newbury---525 287Feb. 10---Les Bower, Jr.---526 288Mar. 11---Manuel Vasquez---527 289Mar. 18---Randall Mays-528 290Apr. 15---Manual Garza-529 (sources: TDCJ & Rick Halperin) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
