[Deathpenalty] Urgent Action 207/15 - USA: Missouri Execution Set as Innocence Claimed
MISSOURI EXECUTION SET AS INNOCENCE CLAIMED Kimber Edwards is due to be executed in Missouri on 6 October. He was sentenced to death in 2002 for the murder-for-hire of his former wife. The man who shot the victim and who is serving a life sentence now claims that Kimber Edwards was not involved. Click here to view the full Urgent Action in Word or PDF format, including case information, addresses and sample messages. The body of Kimberly Cantrell was found in her apartment in University City, Missouri on 23 August 2000, a day after she was last seen alive. She had been shot in the head. She had been in a prolonged dispute with her ex-husband, Kimber Edwards, over child support. Police arrested Orthell Wilson after he was identified as the man who had been seen outside Kimberly Cantrell’s apartment on 22 August. He was charged with first-degree murder and also gave a statement implicating Kimber Edwards. The latter denied any involvement in the murder but when the police said that they would bring in his wife and children for interrogation, he said that he had paid a man named Michael US $1,600 to kill Kimberly Cantrell. When the police officers told him that Orthell Wilson had said that “Michael” did not exist, Kimber Edwards told them that Wilson had demanded payment for his role in the killing. At his trial, Kimber Edwards denied that he had any connection to the murder and that he had given statements to the police so that they would leave his family alone. Orthell Wilson did not testify, but statements he had given to the police were heard by the jury. The jury found Kimber Edwards guilty of first-degree murder and voted for the death penalty after a sentencing hearing that lasted less than a day. Orthell Wilson pleaded guilty in exchange for not facing the death penalty. He was sentenced to life imprisonment without the possibility of parole. On 8 May 2015, Orthell Wilson signed an affidavit recanting his statements implicating Kimber Edwards, claiming he made them under police pressure and the threat of the death penalty, and that “I alone killed Kimberly Cantrell… Kimber Edwards is completely innocent and was not involved in any way in the murder”. He stated that in 2000 he was in a “secret romantic relationship” with Kimberly Cantrell and that he had shot her in the context of an argument over his “drug addiction and constant need for money”. Three of his neighbors from that time have signed affidavits stating that they knew of the relationship between Orthell Wilson and Kimberly Cantrell. In 2004, a psychiatrist concluded that Kimber Edwards has Asperger’s Disorder and that this “adversely affected the reliability of his statement to detectives during interrogation as well as his ability to knowingly waive his rights”. The psychiatrist also concluded that Kimber Edwards’ “odd” reaction to the death of his former wife, which the jury heard described as “nonchalant”, “relaxed” and “carefree”, could be explained by the defendant’s Asperger’s Disorder. The jury heard no such explanation for this “damaging characterization” of his demeanor. ADDITIONAL INFORMATION At jury selection for a US capital trial, the defense and prosecution will question prospective jurors and can exclude certain people, either for a stated reason (for cause) or without giving a reason (a peremptory challenge). Those citizens who would be “irrevocably committed” to vote against the death penalty can be excluded for cause by the prosecution, under a 1968 US Supreme Court ruling. In 1985, the Court relaxed the standard, thereby expanding the class of potential jurors who could be dismissed for cause during jury selection. Under this standard, a juror can be dismissed for cause if his or her feelings about the death penalty would “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath”. In 1986, the Supreme Court acknowledged research showing that the “death qualification” of capital jurors “produces juries somewhat more ‘conviction-prone’ than ‘non-death-qualified’ juries”. In 2008, the then most senior judge on the Court, Justice John Paul Stevens, wrote that “the process of obtaining a ‘death qualified jury’ is really a procedure that has the purpose and effect of obtaining a jury that is biased in favor of conviction”. Click here to view the full Urgent Action in Word or PDF format. Name: Kimber Edwards (m) Issues: Imminent execution, Unfair trial, Legal concern UA: 207/15 Issue Date: 24 September 2015 Country: USA Please let us know if you took action so that we can track our impact! EITHER send a short email to u...@aiusa.org with "UA 207/15" in the subject line, and include in the body of the email the number of letters and/or emails you sent, OR fill out this short online form to let us know how you took action. Thank you for taking action! Please check with the AIUSA Urgent Action Office
[Deathpenalty] death penalty news----PENN., FLA., USA
Sept. 24 PENNSYLVANIA: Quarryville man faces death penalty in double murder trial Leeton Thomas, who is accused of killing an East Drumore mother and daughter to silence their testimony against him in a sex-assault case, will face the death penalty when the case goes to trial. The 38-year-old Quarryville man is charged with killing Lisa Scheetz, 44, and her 16-year-old daughter Hailey on June 11. Police allege Thomas murdered the women to make sure they couldn't testify on charges that he had molested Hailey and her sister in December 2013. Thomas was out on bail, awaiting formal arraignment on the molestation charges, when he allegedly broke into Scheetz's basement-level apartment at 2 a.m. and stabbed the woman and 2 of her daughters multiple times with a knife. Lisa and Hailey Scheetz died at the scene. The sister, 15, was critically injured in the attack - officials said she suffered multiple stab wounds to the chest, shoulder and back - but was able to flee the scene and seek help from a neighbor. Scheetz's 3rd daughter, age 13, was not at home at the time of the attacks. District Attorney Craig Stedman in June called it a 'premeditated assassination." Assistant District Attorney Christine Wilson, who is prosecuting the case with ADA Christopher Larsen, filed a notice of intent to seek the death penalty on Thursday, according to a release issued Thursday by the District Attorney's office. Wilson, in her filing, outlined 5 aggravating factors that she says make the case death-penalty eligible. They are: -- The victims were killed to prevent them from testifying in the sex-assault case. -- The killings happened during the course of a felony (burglary). -- Thomas created a grave risk of danger to another person (the sister who survived). -- Thomas is charged with multiple counts of homicide. -- Thomas broke a no-contact order in place regarding the victims. Thomas is at Lancaster County Prison, without bail, on charges of homicide (2 counts), attempted homicide and burglary. He waived a preliminary hearing in August. Brett Hambright, with the District Attorney's office, said Thomas has also waived his arraignment, which was scheduled for Friday. The trial will not be held before 2016, Hambright said. (source: lancasteronline.com) FLORIDA: State to seek death penalty against Green Cove Springs murder suspect The State Attorney's Office has filed a motion to seek the death penalty against a man accused of murdering a woman in Green Cove Springs last month, a spokesperson for the Fourth Judicial Circuit told First Coast News Thursday. Victor Lamar Cruger, 25, was indicted on charges of premeditated murder and attempted murder. He is currently being held in the Clay County Jail without bond. According to the Green Cove Springs Police Department, Cruger shot a woman named Ernestine Griner Hines Aug. 23. Hines later died from her injuries at a hospital, police said. Authorities said that the shooting took place in the back of a vehicle on the 300 block of Washington Lane before Cruger Jr. ran off into the woods. The daughter of the victim was then able to drive to another location and call police, according to GCSPD. Police said all 3 were acquaintances. Cruger was on the run until he was located in Gainesville, Fla. several days later on Aug. 28. He was arrested several days later in Clay County. His next court date is scheduled for Oct. 7. (source: First Coast News) * State Will Seek Death Penalty For Girl In Machete Murder State prosecutors have announced that they plan to seek the death penalty for a teenage girl accused of taking part in the grisly machete murder of a Homestead student. Desiray Strickland, 18, has been indicted on 1st degree murder. On Thursday, her attorney entered a plea of not guilty and said they would go to trial. Also charged with 1st degree murder in the June 2015 murder of 17-year-old Jose Guardado are 23-year old Joseph Cabrera, 20-year-old Kaheem Arbelo, 18-year-old Jonathan Lucas and 19-year-old Christian Colon. Strickland and the others were students at Homestead Job Corps, a live-in school and vocational training program for at-risk students run by the U.S. Department of Labor. The group allegedly spent 2 weeks planning Guardado's death. A few days before they actually carried it out, they went into the woods near the school and allegedly dug a shallow grave. On Sunday, June 28th, they lured Guardado into the woods and Arbelo ambushed him with a machete as the others watched, according to Strickland's arrest report. As Guardado lay dying on the ground, the group reportedly ordered him to crawl into the grave they had dug. When Guardado made 1 last attempt to fight back, Arbelo struck him repeatedly until his face caved in, according to the arrest report. They then placed him in the grave and buried him. Noticing all the blood, they burned Guardad
[Deathpenalty] death penalty news----IND., USA
Sept. 24 INDIANA: Indiana Supreme Court upholds death penalty for William Clyde Gibson The Indiana Supreme Court has upheld a judge's ruling that serial killer William Clyde Gibson receive the death penalty, according to an opinion issued by the court. Gibson was sentenced to death in 2013 for the April 19, 2012 murder of family friend, 75-year-old Christine Whitis. He killed Whitis, sexually assaulted her and mutilated her corpse. "We find the nature of Gibson's offense to be beyond horrendous," the court wrote in its opinion, which was filed Thursday morning. "He brutally murdered an elderly woman, sexually assaulting her in the process, even after she was dead, then dismembering her body. As for his character, Gibson has an extensive criminal history. And although we understand he is afflicted with various mental disorders and grief over his mother's death, no one testified he was unable to appreciate the severity of his crime. Gibson's jury heard this evidence and more, determined the State proved all four aggravators beyond a reasonable doubt, and found those aggravators outweighed the mitigating evidence presented." "In light of the horrific manner in which Gibson took Whitis's life and his lack of redeeming character traits, we find this is not the kind of exceptional case that warrants appellate modification of a sentence," the court continued. "Finding Gibson's sentence of death was not inappropriate, we decline to revise it." Gibson has also pleaded guilty to the murder of Stephanie Kirk. Kirk's body was found buried in the backyard of Gibson's New Albany home in April 2012. He was sentenced to death in that case as well. In April 2014, Gibson received a 65-year sentence for the murder of Karen Hodella. Police say Hodella is the 1st person Gibson killed: a 44-year-old Florida woman, found stabbed to death near the Ohio River in Clarksville, Ind. (source: WDRB news) USA: Pope calls on US to abolish death penalty Speaking to Congress, Pope Francis is calling for an end to the death penalty in the U.S. and across the world. Francis says that every life is sacred and society can only benefit from rehabilitating those convicted of crimes. The pope noted that U.S. bishops have renewed their call to abolish capital punishment. That idea is unpopular, however, with many American politicians. The pontiff did not specifically mention abortion - a particularly contentious issue in Congress at the moment that threatens to force the shutdown of the U.S. government next week. Still, his remarks referred to the Catholic church's opposition to abortion. He urged lawmakers and all Americans to "protect and defend human life at every stage of its development." "Let us remember the Golden Rule: "Do unto others as you would have them do unto you" (Mt 7:12). This Rule points us in a clear direction. Let us treat others with the same passion and compassion with which we want to be treated. Let us seek for others the same possibilities which we seek for ourselves. Let us help others to grow, as we would like to be helped ourselves. In a word, if we want security, let us give security; if we want life, let us give life; if we want opportunities, let us provide opportunities. The yardstick we use for others will be the yardstick which time will use for us. The Golden Rule also reminds us of our responsibility to protect and defend human life at every stage of its development. This conviction has led me, from the beginning of my ministry, to advocate at different levels for the global abolition of the death penalty. I am convinced that this way is the best, since every life is sacred, every human person is endowed with an inalienable dignity, and society can only benefit from the rehabilitation of those convicted of crimes. Recently my brother bishops here in the United States renewed their call for the abolition of the death penalty. Not only do I support them, but I also offer encouragement to all those who are convinced that a just and necessary punishment must never exclude the dimension of hope and the goal of rehabilitation." (sources: Associated Press & International Business Times) ** Is the Death Penalty Unconstitutional?Following a controversial ruling over lethal injections, Justice Breyer suggested that capital punishment may violate the 8th Amendment. It's time to bring that case to court. In the past nine months, the State of Oklahoma has tried twice to execute Robert Glossip. Sentenced to death in 1998 for the murder of his boss, Glossip was 1 of 4 death-row inmates suing the state over its use of an unreliable drug cocktail that contributed to botched executions. In January, the Supreme Court issued a stay and agreed to hear his case; in a bitterly split 5-4 decision, the Court ruled that Oklahoma could continue to use the procedure. But when the state sought to execute Glossip on Septe
[Deathpenalty] death penalty news----worldwide
Sept. 24 BARBADOS: Death penalty and the law Laws are prescribed as remedies for mischief. The remedies include punishment and penalty. The punishment for some mischief is loss of liberty by incarceration. The penalty in some cases is a fine. The penalty for murder on conviction is death. As a penalty, it is an effective deterrent for the offender who will never commit murder again. That satisfies the law essentially as a remedy. The judicial execution of the death penalty is not an unlawful killing and cannot be equated with murder in any form of reasonable definition. To say that a Privy Council's or any other final court of appeal's interpretation of pleadings before it prevents the execution of convicted murderers in Barbados is to place the judiciary at any level, above the legislature by which it was created. None of the constitutional guarantees of fundamental freedom or international conventions are enforceable except as specific corresponding statute enacted by the legislature representative of a purported democracy of Barbados in the exercise of its powers of sovereignty. Contrary to some opinions expressed, all that is necessary to resume execution as a penalty for murder in the jurisdiction of Barbados as a sovereign state, is for the legislature to prescribe unequivocally according to the will of a majority of the people, that the execution of the sentence of death for the crime of murder shall be carried out in the manner prescribed for the humane termination of the convict's life. If hanging is deemed to be inhumane, then alternatives should be prescribed to effect the execution. To quibble about the Privy Council's interpretation of the clear intent of statute law is a form of sophistry that morality cannot condone. The interpretation by the judiciary at its highest level does not exceed the powers of the legislature to make laws for the remedy of mischief in the exercise of its powers to provide for the peace, order and good government of a sovereign Barbados. The laws of Barbados should be "agreeable to the people of Barbados (living here) first". Leonard St Hill (source: Letter to the Editor, Nation News) CHINA: Panda killers in China may face death penalty for selling endangered animal meat A Yunnan court in south-western China has ordered 3 of its citizens to be prosecuted for killing a female giant Panda in the wild and selling its meat in December 2014. Under Chinese law, killing protected animals such as pandas can result in a jail sentence of up to 10 years, and can even attract the death penalty. The perpetrators have been identified as brothers Wang Wenlin and Wang Wencai who shot the animal in a forest near Zhaotong in Yunnan province. Later they confessed to the police that they had mistaken the adult female panda for a more common species of bear. The brothers then proceeded to eat some of the animal's meat and sold the remaining, including its paws, to a 3rd man identified as Li Kequan for about $750. Wan Wei, deputy director of the investigation department of the Yunnan prosecuting office said, "The Wang brothers have confessed to killing the animal on 4 December in the hills outside their village." The court said the investigation into the killing of the panda has concluded and the 3 accused have been remanded for prosecution. Last December, police received a tip-off regarding the illegal sale of bear meat. When the house of the Wang brothers was raided, a bear-like skin, skull and liver were discovered along with 10kg of meat, China's state run news agency Xinhua reported. But further investigation and DNA tests proved the carcass was of a female panda. Although there is a thriving black market for exotic animal parts in China, panda meat being sold in a country, where the animal is considered a national treasure is unusual, experts believe. The International Union for the Conservation of Nature lists giant pandas as endangered and are only confined to south-central China. The latest census by the World Wildlife Federation (WWF) in 2014 found that there were only 1,864 giant pandas alive in the wild. (source: Yahoo News) INDIA: Law panel's 'Death Penalty' report sent to Home Ministry, govt unlikely to support it The Law Commission's report supporting abolition of death penalty except in terror-related cases has been forwarded to the Home Ministry for a final decision, amid indications that government may not be inclined to support it. The report 'Death Penalty' was submitted to the Law Ministry by the Law Commission on August 31. "Recently, we have forwarded it to the Home Ministry as changes in the Indian Penal Code is its domain," a senior Law Ministry functionary said here. He said while a final call on the subject will be taken by the Home Ministry, it can refer the report back to the Law Ministry for any clarifications it may require. 2 government ap
[Deathpenalty] death penalty news----ID., ARIZ., CALIF., ORE., USA
Sept. 24 IDAHO: The death penalty remains an option for triple murder suspect John Lee It's still an option for the triple murder suspect John Lee. The Latah County prosecutor wants more time to decide if he'll seek the harsh sentence. On Friday, a county judge granted the extension. Thompson's original deadline for a decision was October, but now it's December 1. On August 4, Lee pleaded not guilty to 3 counts of 1st degree murder charges and 1 count of aggravated battery. Moscow police say on January 10, Lee shot and killed his adoptive mother, landlord and an Arby's manager, and wounded a Seattle man. If convicted, he faces life in prison or possibly the death penalty. His trial is set for May 2. (source: KLEW TV news) ARIZONAforeign national faces death penalty Prosecutors to seek death penalty against Mesa QuickTrip murder suspect Prosecutors intend to seek the death penalty against the undocumented immigrant charged with the murder of a Mesa gas station clerk. Video evidence from the January incident shows Apolinar Altamirano, 30, shoot Grant Ronnebeck in the head inside the Quik Trip near Stapley Drive and Broadway Road, according to court documents. One reason Altamirano shot Ronnebeck, 21, was to make a financial gain, in this case 2 boxes of cigarettes, according to documents filed by the Maricopa County Attorney's Office. Altamirano pleaded not guilty to the charges against him. He was awaiting deportation proceedings when he allegedly shot Ronnebeck, according to the U.S. Immigration and Customs Enforcement (ICE). A representative of the Mexican government has appeared at several of Altamirano's hearings, records show. Aggravating factors that allow the prosecution to seek the death penalty include the "especially heinous, cruel or depraved manner" of the crime and that Altamirano gained financially from the crime (by taking the cigarettes), according to the prosecution's filing. Altamirano is at least the 2nd undocumented immigrant arrested in Maricopa County this year who could face the death penalty if convicted of 1st-degree murder. (source: East Valley Tribune) CALIFORNIA: Retrial sought for Kevin Cooper, convicted in 1983 massacreAttorneys plan to present governor with report that says Kevin Cooper's rights were violated. Attorneys for death row inmate Kevin Cooper announced plans to ask Gov. Jerry Brown to grant their client a retrial Wednesday, Sept. 23, after an international human rights advocacy group found "multiple violations of Cooper's human rights during his prosecution, conviction and sentencing." The Inter-American Commission on Human Rights, a branch of the Organization of American States, concluded in a 32-page report that if California executes Cooper, the state would be committing "a serious and irreparable violation of the basic right to life." Cooper's attorneys from the Orrick, Herrington & Sutcliffe law firm plan to present the report to Brown in hopes that he will grant their client a new trial that will include forensic testing. "Before an innocent man is executed, we urge Governor Brown to take the steps that the (report) recommends: to review Mr. Cooper's trial and sentence," Norman Hile, 1 of Cooper's attorneys, said in a news release. "Mr. Cooper deserves the chance to prove that he is innocent." By Wednesday afternoon, Brown's office had not received the attorneys' petition, spokeswoman Deborah Hoffman said via email. Cooper was convicted of killing 2 adults, their daughter and a neighbor boy during a knife-and-hatchet attack in Chino Hills in 1983. Throughout the trial and appeal process, Cooper has maintained that evidence was planted or contaminated, that he was framed, and that the real killer or killers have escaped justice. State officials say Cooper has exhausted all his appeals. He could be among the first inmates put to death when California ends a years-long hiatus on executions. In 2004, Cooper won a last-minute stay on his execution from the 9th U.S. Circuit Court of Appeals. However, additional hearings and forensic tests did not prove Cooper's claim of innocence, a judge ruled. In 2009, the 9th Circuit denied him a rehearing, but multiple judges strongly dissented that ruling, including 1 who wrote, "the state of California may be about to execute an innocent man." For the 10th time, he asked the U.S. Supreme Court to take his appeal, but justices declined to review the case. In 2011, Cooper's attorneys petitioned the Inter-American Commission on Human Rights to review the case. The organization issued its report in July. The commission found 8 instances of "the denial of Cooper's right to due process" during the trial and appeals processes, his attorneys said. Those instances include evidence mishandling, evidence destruction and evidence tampering by law enforcement and the prosecution, according to the news release
[Deathpenalty] death penalty news----OHIO, TENN., ILL., OKLA.
Sept. 24 OHIO: Ohio bill puts limits on post-trial death penalty evidence An Ohio Senate committee has voted to allow limits on the ability of condemned killers to gather post-trial evidence in death penalty cases. New language in the bill before the Senate Criminal Justice Committee allows judges to deny requests for evidence gathering if it would annoy, embarrass or unduly burden the person from whom the evidence is sought. The Republican-controlled committee approved the change along party lines Wednesday but did not vote on the overall bill itself. Republican Sen. Bill Seitz of Cincinnati says the bill is still an improvement over existing law which leaves the decision to allow post-trial evidence gathering up to judges. Kari Underwood of the Ohio Public Defender's Office says such evidence limits are inappropriate in death penalty cases. (source: Associated Press) TENNESSEE: Cellmate indicted in "Tattoo Eddie" slashing death Notorious double-murderer Edward Leroy "Tattoo Eddie" Harris met his fate behind bars, repeatedly slashed and stabbed with a prison-made shank wielded by his cellmate, a Morgan County grand jury has determined. Gregory Smith, 34, serving a life sentence for a 2004 Dickson County murder conviction, has been indicted on a charge of 1st-degree murder. Harris, 58, was serving concurrent life sentences for the murders nearly 30 years ago of 2 employees of the Rocky Top Village Inn in Gatlinburg who were repeatedly stabbed and shot. During the attack on him last March, Harris' aorta was slashed, and he bled to death. Harris and Smith were "confirmed members of security threat groups," according to a news release from 9th Judicial District Attorney General Russell Johnson's office. The release doesn't specify which groups. Harris's stabbing occurred March 10 in a housing unit lobby at Morgan County Correctional Complex, a state prison with about 2,400 inmates. Tennessee Department of Correction video cameras captured the incident. The Morgan County grand jury returned the indictment against Smith during its Monday session. He remains in the prison. Harris and 3 cohorts were charged with the killings on Sept. 13, 1986, of clerk Melissa Hill, 21, and night guard Troy Valentine, 36. Each victim suffered repeated stab wounds and gunshot wounds in a robbery that netted $413 and the contents of Hill's purse. Harris was convicted in 1988. Also convicted in separate trials were Kimberly Pelley and Joseph DeModica, of Gwinett County, Ga. They received concurrent life sentences. A 4th defendant, Rufus Doby, a female impersonator also known as Ashley Silvers, pleaded guilty to 2nd-degree murder and received a 25-year prison sentence. A jury in the Harris trial originally imposed the death penalty. But the state Court of Criminal Appeals reduced that punishment to life in prison without parole. The court opined the death penalty couldn't be imposed because Harris' IQ was 70. Under a change in the law, the death penalty isn't permitted when the defendant has an IQ of 70 or lower. (source: Knoxville News Sentinel) * 'Dead Man Walking' nun urges students to fight death penalty Sister Helen Prejean could have been at the White House welcoming the pope. Instead the nun famous for writing "Dead Man Walking" chose to spend her day speaking to a group of Nashville college students about the death penalty. Prejean has been the spiritual adviser to several death row prisoners, most recently Oklahoma's Richard Glossip. His execution was halted just hours before he was scheduled to die last week after a state appeals court agreed to hear new evidence. That chain of events was largely set in motion by Prejean, who believes Glossip is innocent. Prejean spoke Wednesday at Belmont University about the events in her life that led her to become one of the country's foremost death penalty opponents. And she urged the students to take a stand as well. (source: Associated Press) ILLINOIS: IL Lawmakers propose to reinstate death penalty Should the death penalty come back to Illinois? Some lawmakers say it should and have a bill they hope will make it to the floor for a debate. Unlike the old death penalty, it would only be used in a few cases. One of them is when is when a police officer or other law enforcement office is killed. 26 officers have been shot and killed this year and lawmakers say that's a wakeup call. "I want to bring this back as a deterrent before you try to hurt somebody who's protecting us and our homes, you better think twice," said Rep.Bill Mitchell, 101st district. Lawmakers say Illinois made a mistake when it completely banned the death penalty 4 years ago. They say it needs to be brought back, but in a different way. "It's not the old death penalty that has some flaws. This is a totally new death penalty," said Rep. John Cabello, 68th district. The new penal
[Deathpenalty] death penalty news----TEXAS, VA., N.C., GA., FLA., LA.
Sept. 24 TEXASstay of impending execution Execution date put off for Fort Worth killer The execution of a convicted Fort Worth killer, scheduled for next month, has been called off while a state commission addresses concerns raised recently about DNA statistics and interpretation. Tarrant County prosecutors filed a motion Monday in 297th District Court, asking the judge to recall the death warrant for Christopher Chubasco Wilkins, who was scheduled to be executed Oct. 28. The prosecutors wrote that they were seeking the recall because the Texas Forensic Science Commission "is in the process of addressing emerging issues involving the calculation of DNA population statistics and DNA mixture interpretation." "While the State has no reason to believe that these DNA issues are material to or have any effect on [Wilkins'] conviction and death sentence, the State believes that a stay of [Wilkins'] currently scheduled execution should be granted in order to allow the parties to more fully investigate these matters." State District Judge David Hagerman signed an order that day, withdrawing the execution date and recalling the death warrant. DNA, including mixed DNA, was among evidence presented at the 2008 trial of Wilkins, who was convicted of fatally shooting 2 men - Willie Freeman and Mike Silva - on Oct. 27, 2005. Other evidence implicating Wilkins included fingerprints found inside and outside Silva's vehicle. A pentagram and the numbers 666 were carved into the hood of Silva's vehicle - matching tattoos on Wilkins. But perhaps most damning was Wilkins' own testimony, in which he admitted to jurors that he killed Freeman out of revenge after Freeman ripped him off in a dope deal. He said he killed Silva, who had been with Freeman, simply because he was in the wrong place at the wrong time. Wilkins also told jurors that he killed another man, Gilbert Vallejo, the day before outside a south Fort Worth bar during a dispute about a pay phone. He told jurors that he didn't care whether he lived or died, and he said whatever they chose for him was fine. "I am as undecided as you are," Wilkins told jurors. "You've got a job to do. You tell the judge, 'Get a rope' or not. ... "Look, it is no big deal. It is no big deal." The jury chose death, and prosecutors still intend to see that the sentence is delivered, said Sam Jordan, a spokeswoman for the Tarrant County district attorney's office. In an email responding to questions from the Star-Telegram on Wednesday, Jordan said the office has had the DNA recalculated and has received an amended report that confirms compliance with current lab interpretation and reporting protocols. Prosecutors hope to proceed with the Wilkins case after the state commission meets in October, when the DNA mixture issue is expected to be addressed. "It is our intention to enforce the jury's decision in this case," Jordan said. Hilary Sheard, Wilkins' attorney, said, "That funny sound you hear is heads being scratched across the state as people try to figure this out." "It is clearly a major issue in many cases, and I think that the state acted entirely appropriately in choosing to withdraw, or asking the court to withdraw, the warrant in these circumstances." Sheard said she hopes the delay will "allow sufficient time for other issues in the case to continue to be litigated." DNA concerns arise Concerns arose this spring when the FBI notified all Combined DNA Index System laboratories that minor discrepancies had been identified in the DNA statistical population database used by labs nationwide since 1999. The discrepancies in the database, which is used to calculate DNA match statistics in criminal and human identification cases, were attributed to human error and technological limitations. The FBI has since provided corrected data to labs. "The immediate and obvious question for the criminal justice community was whether the discrepancies could have impacted the outcome of any criminal cases," the Texas Forensic Science Commission wrote as part of a letter and attached memo to the criminal justice community. The letter was posted on the commission's website Aug. 21. Concerns arose this spring when the FBI notified all Combined DNA Index System laboratories that minor discrepancies had been identified in the DNA statistical population database used by labs nationwide since 1999. "The widely accepted consensus among forensic DNA experts is the database corrections have no impact on the threshold question of whether a victim or defendant was included or excluded in any result." Mixed DNA interpretation But adding to the concerns is that many labs have interpreted DNA mixtures found on evidence differently over the years. The scientific acceptability of some of those approaches has now been brought into question, and several labs are adopting a new standard of interpreting mixed DNA
