[Deathpenalty] death penalty news----worldwide
June 17 BANGLADESH: Hearing on SQ Chy's appeal adjourned till Sunday The Supreme Court on Wednesday adjourned the hearing until Sunday on the appeal filed by condemned convict Salauddin Quader Chowdhury challenging the death penalty handed down to him for his war crimes. The 4-member Appellate Division bench, headed by Chief Justice Surendra Kumar Sinha, passed the order after hearing the appeal for the 2nd day. The court began the hearing on Tuesday. The other judges of the bench are Justice Najmun Ara Sultana, Justice Syed Mahmud Hossain and Justice Hasan Foez Siddique. ASM Shahjahan who stood for the BNP leader said charges brought against Salauddin Chowdhury by the state are being read out to the court. The 3rd charge was read out on Wednesday. On October 1, 2013, the International Crimes Tribunal-1 found the BNP leader guilty of crimes against humanity during the War of Liberation and condemned him to death. On October 29 of the same year, Salauddin Quader Chowdhury filed an appeal with the Appellate Division of the Supreme Court against the ICT verdict. The tribunal indicted Salauddin Quader for his involvement in crimes against humanity on 23 counts under different provisions of section 3 (2) of the International Crimes (Tribunals) Act 1973. The tribunal found Salauddin Quader, the son of Pakistan Convention Muslim League president Fazlul Quader Chowdhury, guilty of the crimes of genocide at Rauzan and murder of minority Hindu community members, including Nutan Chandra Singh, the founder of Kundeshwari Owsadhalay of Gohira, Awami League leaders and supporters of Bangladesh's war of independence. The tribunal also found him guilty of the charge of torture on the accused carried out on captives at his ancestral house 'Good Hills' in the port city of Chittagong during the 1971 Liberation War. (source: Prothom Alo) INDONESIA: Prosecutors demand death for drug-smuggling Lithuanian A state prosecutor in North Sumatra has demanded the death penalty for Lithuanian citizen Mindaugas Verikas, who was caught in possession of 3.2 kilograms of crystal methamphetamine. Prosecutor Nova on Wednesday asked the panel of judges at the Medan District Court to sentence the defendant to death, as the drugs confiscated from him exceeded the 5-gram threshold for the death penalty as stipulated in Chapter 114 of the 2009 Narcotics Law. Responding to the prosecution, Indra Cahya, presiding over the panel of judges, asked the team of state prosecutors to separate the defendant from other detainees at Tanjung Gusta Prison in the city. Since the defendant could face the death penalty, he should be separated from other inmates in the prison, he said. Mindaugas was arrested attempting to bring in the illegal drugs to Indonesia through Kuala Namu International Airport on Dec. 14 last year. (source: Jakarta Post) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----TEXAS, PENN., GA., OKLA., WASH., USA
June 17 TEXASimpending execution Gregory Russeau of Texas to be executed this week in auto mechanic's death A man convicted in the fatal beating of a 75-year-old auto repair shop owner in East Texas is facing execution this week, with no court appeals pending. Gregory Russeau is scheduled for execution Thursday evening for the May 2001 death of James Syvertson. Russeau was driving the victim's car when police pulled him over in front of a known drug house in Longview, about 200 miles north of Houston. Police found Russeau about 8 hours after relatives of Syvertson, who owned an auto repair shop in nearby Tyler, found his body. Court records indicate Russeau was on a cocaine binge and on parole at the time. DNA, fingerprint and palm-print evidence helped convict Russeau of capital murder. The 45-year-old Russeau would be the 9th inmate executed this year in Texas. (source: Associated Press) PENNSYLVANIA: DA deciding on death penalty for soldier accused of killing teen girlfriend's mother Prosecutors still have not said if they will seek the death penalty against a soldier accused of killing the mother of his teen girlfriend, and then working with the girl to dispose of the woman's body. Caleb Barnes, 21, and Jamie Silvonek, 14, were in Lehigh County Court Wednesday morning for arraignments on charges connected with the killing of Silvonek's mother, Cheryl. Prosecutors say Barnes brutally stabbed the elder Silvonek in the neck in the early morning of March 15 after she repeatedly tried to break up the couple, going so far as to show Barnes her daughter's passport to convince him of the girl's age. Silvonek and Barnes are each charged with homicide, conspiracy, abuse of a corpse and tampering with evidence. The pair had separate formal arraignments Wednesday morning. Prosecutors usually file notice of aggravating circumstances -- indications they will seek the death penalty in a case -- on or before formal arraignments. No notice was filed as of Wednesday. Asked if prosecutors would seek the death penalty, Senior Deputy District Attorney Jeff Dimmig said, That's Mr. Martin's decision, referring to District Attorney Jim Martin. A message left for Martin asking about the decision was not immediately returned. In the meantime, attorneys plan to meet next month for the hearing to determine if Silvonek will be tried as an adult. Defense attorney John Waldron is seeking to have her case sent to juvenile court. Pretrial hearings are scheduled for August, but a trial date won't be set until Judge Maria Dantos decides on where Silvonek's case will end up. Dimmig said on Wednesday that prosecutors have received sealed medical records from the military for Barnes, a solider who was stationed at Fort Meade, Maryland before his arrest. Dimmig said his office is waiting on a search warrant before opening the records, so he is not sure if they include any type of metal health records. Asked if prosecutors requested any type of criminal or infraction records from the military related to Barnes, Dimmig said, That's been part of our investigation. Prosecutors alleged the couple plotted to kill both of Silvonek's parents as a way to be together. They said Jamie Silvonek was 13 but told Barnes she was 17, and the 2 communicated daily since they met. Authorities say Cheryl Silvonek first met Barnes on March 6. When she learned the soldier was a 20-year-old at the time, she allegedly told her daughter the relationship had to end, authorities say. Martin released text messages between the couple that indicated they spoke for hours about killing Cheryl Silvonek before she was fatally stabbed in a car in the driveway of the family's Randi Lane home in Upper Macungie Township. And a friend of Silvonek testified at the pair's preliminary hearing that they discussed killing Silvonek's parents over the phone. It was something along the lines of, like, 'What if my parents were killed,' the girl testified on May 14. I told her it wasn't a smart idea at all. Police say after driving to a concert and back on March 15, a confrontation occurred between Barnes and Cheryl Silvonek. Barnes strangled Silvoek as she begged for her life while her daughter watched, police say. After the killing, prosecutors said Barnes and Jamie Silvonek drove to a Wal-Mart to get supplies and returned to the house. Cheryl Silvonek's body was driven to a rural area in South Whitehall Township and set on fire, prosecutors say. Barnes and Jamie Silvonek then dumped the blood-laden car in a nearby pond before walking back to the Silvonek home, authorities say. (source: lehighvalleylive.com) GEORGIAfemale to face death penalty Prosecutors seeking death penalty against mother of Heaven Woods Prosecutors said Wednesday are seeking the death penalty against the mother of a 5-year-old charged in her daughter's death. Authorities say
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, OKLA., S. DAK., CALIF., USA
June 17 TEXAS: Texas Prosecutor Disbarred for Illegally Sending A Man to Death Row The legal profession is a noble and time-honored one, despite high-profile examples of a few bad apples. At their best, lawyers constitute the thin line between justice and tyranny. Even fictional Los Angeles D.A. Hamilton Burger - aggressive prosecutor that he was - would acknowledge to his nemesis, criminal defense attorney Perry Mason, that both sides were interested in justice above all. This makes it all the more tragic when those who are supposed to be working for justice lose sight of that goal, whether it be because of ambition, pride, prejudice or all three. Case in point: The People of Texas vs. Anthony Graves, in which D.A. Charles Sebesta stood for the prosecution - and was determined to win a conviction at any cost, even if it meant putting an innocent man on death row. The Crime On August 17th, 1992, 6 members of the Davis family - 4 small children, a teenage girl and a 45-year-old grandmother - were brutally murdered in small town of Somerville, Texas. The house was then set on fire, presumably to cover up the crime. Eventually, a 27-year-old prison guard named Robert Carter, who had been married to a family member (Carter's ex-wife, Lisa Davis, had been out that night), was arrested as a suspect. The murders had been carried out by 3 different methods - shooting, stabbing and bludgeoning - suggesting that there had been multiple perpetrators. Under questioning for several hours, Carter eventually claimed that the murderer was Anthony Graves, cousin of Theresa Cookie Carter, the woman to whom he was married at the time. Despite evidence that Carter had been at the scene (he had suffered cuts and burn injuries), and despite inconsistencies in his testimony, Graves was eventually arrested. Graves, who was also 27 at the time, had no prior criminal record except for a minor drug charge, for which he had received a suspended sentence. Beyond that, he was unemployed, low income with few prospects, and African American. There was no physical evidence to link him with the murders. Graves' girlfriend, sister and brother all testified that they had been with him at his mother's home the night of the mass killings. Robert Carter, the original suspect, went on trial in February 1994, and was quickly convicted. Facing the death penalty, the State offered him life in prison if he would testify against Graves. The Trial of Anthony Graves Anthony Graves' case finally came up in late October of 1994. When his family was unable to pay for the services of a top criminal defense lawyer, the court appointed a pair who had no experience in capital murder cases. Meanwhile, Carter continued to change his story. Finally, however, the day after Graves' trial started, Carter confessed to the D.A.: I did it all myself, Mr. Sebesta. Because 3 different weapons had been used, Sebesta refused to believe it. He suspected that Carter???s wife was involved as well as Graves - and that Carter was covering for her. In fact, in 1 version of his story, Carter had indeed implicated her. He had also failed a polygraph test, during which he was asked if Graves had participated in the killings. When the defense later asked the prosecution about the polygraph test and who else Carter might have implicated, Sebesta was dismissive, saying only that there were some names ... they're not necessarily parties to the crime ... [but] may possibly have some information. Sebesta was anxious to get a conviction. In the absence of physical evidence, however, that conviction rested on Carter's testimony - and there was no guarantee that he would provide one. Sebesta finally made Carter a deal - testify against Graves and he wouldn???t ask anything about Mrs. Carter - nor use any evidence that might emerge against her in the future. Robert Carter Testifies Carter finally told the jury that Graves had been his accomplice - but even that wasn't enough. There were no weapons and no fingerprints to link Graves to the crime, so Sebesta produced a switchblade knife owned by one of Graves' former employers. Allegedly, Graves' boss at the time, Roy Rueter, had given him a similar knife as a gift. A law enforcement officer who had worked on the case, claiming to be an expert on edged weapons, told the jury that the knife was a perfect match to the victims' wounds. The county forensic surgeon confirmed that such a weapon was likely to have been used in the killings. However, Rueter himself said that the knife was of poor quality, and was unlikely to have inflicted so many stab wounds. Yet another forensics expert testified that any blade of the same dimensions could have been used. (To this day, the murder weapon has never been found.) Then, there was the question of motive. According to Carter, Graves' mother, Doris Curry, had been passed over for a promotion that was ultimately
[Deathpenalty] death penalty news----worldwide
June 17 EGYPT: Morsi Death Penalty Upheld An Egyptian court yesterday confirmed the death sentence against ousted President Mohamed Morsi over mass jailbreak during the 2011 political turmoil, state-run Nile TV reported. Another 5 members of the outlawed Muslim Brotherhood group, including its general guide Mohamed Badie, were handed the same death verdict. On May 16, Morsi and more than 100 others were sentenced to death for plotting jailbreaks and attacks on police during the political turmoil 4 years ago in which President Hosni Mubarak was removed. The case is publicly known as the Wadi al-Natron jailbreak. The verdicts have been referred to the Grand Mufti, the country's highest Islamic official who gives the religious judgment of all preliminary death sentences, for his opinion. In yesterday's ruling, another 102 defendants, including the famous preacher, Youssef Al-Qaradawi, who resides in Qatar, were handed death sentences in absentia. Also life sentences, which is 25 years in prison according to Egyptian laws, were handed to 21 other defendants. The verdicts can be appealed. Some 130 other defendants, who are affiliates of the Muslim Brotherhood and members of the Palestinian Hamas movement and the Lebanese Shiite Hezbollah group, stand trial in the same case. They are accused of breaking into prisons and kidnapping and killing police officers. In addition to the death sentence, Morsi was also sentenced in April by the Cairo Criminal Court to 20 years in jail over ordering the arrest and torture of protesters in 2012. (source: The Herald) * Egypt death sentences: Brotherhood calls for uprising as world condemns 'massacre of basic rights' The outlawed Muslim Brotherhood has called for massive protests on Friday, 19 June after the Egyptian court upheld the death sentence of expelled president Mohammed Morsi, even as the world condemned the verdict. Morsi, the first democratically elected leader of Egypt, was sentenced to death along with several other senior figures of the Brotherhood, which was banned after President Abdel Fattah al-Sisi took over. The enraged Islamist organisation has called for supporters to take part in the popular uprising, dubbing the court's verdict a sham. Given that almost all of the senior figures of the Brotherhood are imprisoned and the group's movements heavily curtailed by the ruling government, it is still unclear whether the protests by the Brotherhood - which was once responsible for toppling dictator Hosni Mubarak in 2011 - will have any impact in Egypt. The Egyptian judicial system has become completely politicised. The many hundreds currently sentenced to death have not been afforded the basic protection of their right to a fair trial and due process before an independent judiciary, wrote Sondos Essam, a former Brotherhood spokesperson, who currently resides in the UK. Essam is the only woman among the 100 people, whose death sentences have been upheld in the Wadi Natroun jailbreak case. Meanwhile, condemnation has been pouring in immediately after the Cairo court announced the judgement. Scores of leaders have chided the Cairo administration headed by al-Sisi, a former general, for the move. Calling the death sentences a massacre of law and basic rights, Turkey's President Recep Tayyip Erdogan said: We call on the international community to act to withdraw these death sentences, given under the instructions of the coup regime, and to put an end to this path which could seriously endanger the peace of Egyptian society. A statement from the White House spokesperson Josh Earnest read: We are deeply troubled by the politically motivated sentences that have been handed down against former president Morsi and several others by an Egyptian court today. The UN Secretary-General Ban Ki-moon has also expressed strong concerns over the death penalty. (source: International Business Times) * Morsy Death Sentence Follows Flawed Trials Mass Verdicts Against Brotherhood Didn't Assess Individual Guilt 2 cases that resulted in former President Mohamed Morsy and 114 others receiving death sentences on June 16, 2015, were compromised by due process violations and appear to have been politically motivated. The convictions are based almost entirely on security officials' testimony. A Human Rights Watch review of both prosecution case file summaries found little evidence other than the testimony of military and police officers to support the convictions of Morsy and 130 others for a 2011 prison break, and of Morsy and 35 others for conspiring with foreign powers against the state. The convictions and recommended death sentences were initially handed down on May 16, 2015, and the full written judgments have not yet been made public. These prosecutions show that Egyptian courts are ready to sentence the government's opponents to
[Deathpenalty] death penalty news----worldwide
June 17 INDONESIA: Bali drug accused De Malmanche escapes death penalty Prosecutors say they will not be seeking the death penalty in the trial against Antony De Malmanche, the Kiwi accused of smuggling methamphetamine into Bali. 3 News reported prosecutors would not be seeking the death penalty, and instead argued he should be jailed for 18 years. De Malmanche, 53, was arrested in December, when 1.7kg of crystal methamphetamine was found in his backpack at the airport. His defence argues de Malmanche had been effectively brainwashed by hours of online chat with someone identifying as Jessy Smith, whom he had fallen in love with. They say the disability pensioner - who suffers mental illness and low IQ - was tricked into the Bali journey on the pretence of meeting Jessy. Prosecutor Siti Sawiyah on Thursday submitted de Malmanche deserves 18 years jail. The drugs had the potential to harm 1700 users as well as Bali's reputation, she said. Ms Siti also argued much of last week's defence testimony, from 2 psychiatrists and a New Zealand pastor, should be considered irrelevant. They didn't explain the incident where the defendant was caught, she said. With that, such testimony should be ignored. She also wanted the court to disregard evidence from New Zealand barrister Craig Tuck, who told the court de Malmanche was not a trafficker, but a victim of trafficking. The defendant should not escape his responsibility for this crime ... He must be punished, she said. The trial will continue later this month. (source: New Zealand Herald) CHINA: Australian jockey Anthony Bannister to face death penalty in China A former Australian jockey will appear in a Chinese court on Thursday to hear if he will receive the death penalty, after being charged with attempting to smuggle a commercial quantity of crystal methamphetamine to Australia. Anthony Roger Bannister, 43, was stopped from boarding a China Southern flight to Sydney on March 11 last year after customs officers detected the drugs, also known as ice, stuffed in 8 ladies' handbags packed in his luggage. Chinese prosecutors have sought the death penalty. His brother James conceded it was likely the court would deliver a guilty verdict on Thursday but said lawyers and Australian consular officials were hopeful Mr Bannister - who has maintained his innocence - would avoid execution, and instead be handed a suspended death sentence which is usually commuted to life imprisonment after a period of good behaviour. It makes you a bit numb, that's all you can think about ... it's completely out of your hands, James Bannister told Fairfax Media via telephone. He added they would appeal any guilty verdict given the court had not been provided a trail of emails which corroborated his brother's version of events - that he was an unwitting victim of an elaborate scam. I do believe that I have been set up ... in this drug smuggling scheme, Anthony told the court during his trial in October. They've used me as a mule. Mr Bannister is one of 11 Australians awaiting trial or verdict in China on serious drug charges that potentially attract the death penalty. The cases centre around southern Guangdong province, increasingly favoured by international trafficking syndicates as a major manufacturing hub for synthetic drugs due to its international transport links and ready access to precursor chemicals. A number of other Australians in drug trouble in Guangzhou have also claimed they have been scammed by international drug rings, including Sydney man Peter Gardner, who told a court last month that he was tricked into thinking he was carrying performance-enhancing peptides, and not crystal meth. Mr Bannister, who showed promise as a young jockey in Adelaide, told the court in October that three men he identified as Justin, KC and John Law had convinced him he was entitled to a lucrative divorce settlement, having split from his ex-wife, a Filipino woman he met while living in Japan. But in a process that became increasingly convoluted, he was told that a series of documents needed to be signed in person in Guangzhou, which resulted in him travelling to the city five times in the space of four months, usually only for a few days at a time. Each time he would be told that another signature - and therefore another trip to Guangzhou - was required, while the promised settlement ballooned from an initial $US60,000 ($78,000) to more than $US1 million. On his fateful last trip to Guangzhou, Mr Bannister was informed by John Law that his money had arrived, and to bring forward his flight back to Australia. Mr Bannister said KC helped reschedule his flights, but inserted a detour to Sydney at the last minute. In a taxi in Guangzhou the night before his flight, KC asked Mr Bannister to bring a suitcase with him as a favour. He said he never looked in the suitcase, which contained
