[Deathpenalty] death penalty news----DELAWARE
Sept. 4 DELAWAREnew death sentence Death penalty, life in prison in Eden Park shootout One man was sentenced to death and another was sentenced to life in prison Friday morning for their part in the murder of Herman Curry and the manslaughter of 16-year-old Alexander Kamara Jr. during a 2012 shootout at a soccer tournament in Wilmington's Eden Park. Otis Phillips was sentenced to be executed Nov. 17. That execution date will most likely be stayed as appeals are filed. "Those who judged me are condemned," the 38-year-old man said while looking at prosecutors after being sentenced to death. In addition to receiving the death penalty, Superior Court Judge Calvin L. Scott Jr. scentenced Otis Phillips to an additional 141 years in prison for additional charges related to the shootout and life in prison for the 2008 killing of Christopher Palmer. "We had a very thoughtful and conscientious jury who unanimously voted for death," Prosecutor Ipek Medford said after the sentencing hearing. "It was our honor to be able to echo their voices." Otis' co-defendant, Jeffery Phillips, was sentenced to life plus 76 years in prison. He said nothing during the hearing. Prosecutors charged that Otis Phillips and Jeffrey Phillips, who are not related, were members of the Sure Shots street gang and went to a Jamaican soccer tournament in Eden Park on July 8, 2012 seeking revenge against members of the Jamaican community because a Jamaican man shot and killed a friend of theirs at a party hours earlier. Prosecutors said Otis Phillips also specifically targeted Herman Curry, who had organized the soccer tournament, because in 2008 Curry had seen Otis Phillips shoot and kill Christopher Palmer. Eyewitnesses testified at trial that Otis Phillips and Jeffrey Phillips walked into the park together that day, around 2:30 p.m., dressed in black and with grim looks on their faces. Otis walked directly to Herman Curry and tapped Curry on his shoulder with his right hand and as Curry turned, Otis raised a gun with his left and began firing. One witness said he heard Otis tell Curry, "today you dead." Curry then tried to run but witnesses said Otis Phillips chased after him and continued to fire. As this was happening, witnesses testified Jeffrey Phillips pulled out a gun, turned toward the crowd and began shooting. At that moment witnesses said they saw Alexander Kamara Jr., who was waiting for his turn to play in the tournament, drop to the ground and never move again. Curry was hit 3 times in the chest by bullets. Kamara was hit once in the head. While a Superior Court jury convicted Jeffry Phillips and Otis Phillips last year for the killings, they split on their recommendation for punishment. The jury panel recommended 10-2 to spare Jeffery Phillips' life, while they unanimously recommended that Otis Phillips, 38, be executed. On Nov. 21, both men were found guilty of nearly a dozen charges including the 1st-degree murder of 47-year-old Herman Curry, the manslaughter of 16-year-old Alexander Kamara Jr., gang participation and conspiracy, among other charges. Prosecutor John Downs said this was very "violent, vengeful act" that sparked an investigation that brought closure to numerous criminals that had been operating in the area for years. "We're thankful to have been a part of that," Downs said. * Judge blasts Delaware death penalty case Last-minute legal wrangling in 2012 led U.S. District Court Judge Gregory M. Sleet to twice delay the execution of convicted killer Shannon Johnson, but each time a higher court overruled him. The 28-year-old was executed in the James T. Vaughn Correctional Center near Smyrna on April 20, 2012, at 2:55 a.m. - just 74 minutes after the final override. Now, 3 years later, Sleet is criticizing the death penalty process, saying Johnson's execution "highlights profound failings in our judicial process." His comments - a rarity since judges usually remain tight-lipped about their cases - are featured in a 10-page article he wrote for the summer edition of the American Bar Association???s Criminal Justice magazine. "The Johnson case, and its result, is by far the most troubling I have encountered," Sleet wrote. Death penalty opponents and advocates haven taken notice, especially since his comments come just months after Delaware legislators failed to repeal the death penalty for the 2nd time in 2 years. "Judge Sleet has a reputation for being a very thoughtful person," Executive Director of the Death Penalty Information Center Robert Dunham said. "When someone like him writes something like this, we should be concerned." Johnson's case was unique - he wanted to be executed despite his sister's efforts to halt his execution at the last minute. Johnson was convicted in the September 2006 killing of Cameron Hamlin, a musician who had begun dating Johnson's ex-girlfriend and the mother o
[Deathpenalty] death penalty news----TEXAS, N.J., S.C., FLA., LA., OKLA., CALIF., WASH.
Sept. 4 TEXAS: DA considers whether to seek death penalty in Dean case As the Bastrop County district attorney prepares to seek indictments for 2 suspects in the murder of Samantha Dean, he also has another consideration: whether he will pursue the death penalty. Court records indicate that former Austin Police Officer VonTrey Clark believes he was the father of Dean's unborn child. Dean was found dead in Bastrop County in February. After being in Indonesia for more than a month, federal agents extradited Clark back to Texas Wednesday. He arrived in Austin after midnight. Representatives from the Texas Highway Patrol, Texas Rangers, FBI, and Bastrop County agencies gathered Thursday to announce Clark and his friend Kevin Watson were both in custody for capital murder. However, grand juries have not indicted either of the men and Clark's attorney denies the claims from authorities about his client's involvement in Dean's killing. "Capital murder is an offense in the state of Texas that can carry the death penalty. The decision to seek the death penalty rests solely with me, my office," said Bastrop County District Attorney Bryan Goertz. "While this is still ongoing, that's a very complicated not only factual, but legal question. [A decision] will have to be made in the coming months. It will be made before trial. But I am not going to commit to when or what that decision is." The decision about whether to pursue the death penalty has implications for not only a suspect and his or her family, but for the length and cost of the legal process, and how long the victim???s family must wait before reaching a resolution in the case. "[A death penalty case] is just a completely different ball game," said Keith Hampton, an Austin criminal defense attorney who has been involved in capital murder cases. "If you seek death, there won't be a resolution for at least 7 years. Because if you get death, he gets an automatic review. Hampton and Austin attorney Mindy Montford say preparing for a death penalty case is like preparing for 2 trials. "You're going to have to prove that he is a future danger to the public and to people. You're also going to have to say that there are no mitigating circumstances at play," said Montford. "[A prosecutor has to show] he committed this crime and there's nothing like abuse or any kind of mental or physical condition that he has or he suffers from." "[In death penalty cases lawyers prepare] a defense and a mitigation study, which is basically deconstructing this person, going from before he was even born leading right up to the day that he did what he did, if he's guilty." said Hampton. "Then you have to prepare to present that to a jury. It is grueling, horrific work. None of us like this stuff." There is also a reason for the years it can take to see a death penalty case through to its end. "We make 2 promises to the public: that everybody gets a fair trial, everybody no matter what they get a fair trial," said Hampton. "And 2, we get it right. So that we do not execute another innocent person." In the Dean case, the district attorney has yet to decide whether he will try for the death penalty, if prosecutors secure indictments. The final decision of whether to proceed in seeking the death penalty rests with the DA. However, reaching that decision takes various forms across Texas. Montford and Hampton say some DAs take votes from within their offices about how to move forward. Still, each decision includes weighing a host of factors. "The DA has got to weigh the evidence in the case, what the victim's family wants to happen in this case, what the community probably wants in this case," said Montford. The Bastrop County DA is also working with the Texas Attorney General's Office for assistance in prosecuting the case. (source: KXAN news) NEW JERSEY: Andrzejczak and Land Join Fiocchi in Supporting Death Penalty for Killings of Police Incumbent Assemblyman Bob Andrzejczak (D-1) and running mate Bruce Land joined their GOP rival Assemblyman Sam Fiocchi (R-1) in praising a bill that would suspend New Jersey's 2007 ban on capital punishment in homicide cases where police officers are killed. Citing the recent killings of officers in Illinois and Texas, Fiocchi said Wednesday that the bill would be necessary to ensure that those responsible in such murders see retribution. "Communities are in shock and families are emotionally scarred at the indefensible actions of individuals with such little respect for life," said Fiocchi in a statement. "These senseless acts must stop and reinstating capital punishment for those found guilty will suffer the appropriate consequences under this bill." On Thursday, Andrzejczak and Land issued statements saying that they will also be supporting the bill. "The men and women who put on a badge every day to protect our communities need to know our laws are