[Deathpenalty] death penalty news----TEXAS, N.C., S.C., FLA., ALA., OHIO
Oct. 13 TEXASstay of impending execution Texas Appeals Court Stays Julius Murphy Execution The Texas Court of Criminal Appeals on Monday stayed the execution of Julius Murphy, 36, which was set for Nov. 3, after his legal team presented claims of prosecutorial misconduct in his 1998 Bowie County capital murder trial. Murphy was convicted of killing a stranded motorist. His attorneys, seeking access to the district attorney's files in the case, claimed in court filings Friday in Bowie County that prosecutors threatened and coerced witnesses to testify against Murphy. They filed similar claims in late September in a petition to the Court of Criminal Appeals, citing a new statement from a witness who testified against Murphy at his trial. “Mr. Murphy’s conviction and death sentence were procured through prosecutorial misconduct. Jurors considered evidence from two key witnesses while the prosecution unlawfully concealed the fact that those witnesses were pressured into testifying with threats of prosecution and promised leniency if they testified," Cate Stetson, one of Murphy's attorneys, said in a statement. "And one of the witnesses has now identified Mr. Murphy’s co-defendant as the true shooter. We look forward to continuing to raise the constitutional infirmities underlying Mr. Murphy’s conviction and death sentence before the courts.” Murphy was convicted of fatally shooting Jason Erie, a man who was stranded on the side of a road in Texarkana. In fall 1997, after helping Erie with his stalled vehicle, the 18-year-old Murphy robbed, shot and killed Erie, prosecutors argued at his trial. Others present that day testified against Murphy, including his then-girlfriend and a friend from whom he supposedly borrowed the gun used in the killing. But Murphy's trial lawyers were not told that two of those witnesses had been threatened with prosecution for murder or conspiracy if they did not testify to Murphy's guilt, his lawyers now claim. One has since recanted his testimony, saying Murphy was not the killer. (source: Texas Tribune) * Texas court halts execution of inmate after questions raised on testimony The Texas Court of Criminal Appeals on Monday halted the planned execution next month of a death row inmate whose lawyers argued he was sentenced to death based on tainted testimony from major witnesses. The court stayed the Nov. 3 execution of Julius Murphy, without elaborating on its decision. Murphy, 36, was convicted in 1998 of fatally shooting Jason Erie in the head during a 1997 robbery. Lawyers for Murphy asked the court last month to put the execution on hold, saying they had new evidence that pointed to evidence that prosecutors forced false testimony. "Mr. Murphy’s conviction and death sentence were procured through prosecutorial misconduct," said Catherine Stetson, a lawyer for Murphy. The Office of the Texas Attorney General was not immediately available for comment. It previously said Murphy was properly convicted. Murphy's lawyers said prosecutors relied heavily on the testimony of two witnesses, Javarrow Young and Christina Davis. The lawyers said they had sworn statements that show the two witnesses were unduly coerced into testimony and also provided false testimony. The lawyers said Young was threatened with a murder charge if he did not testify against Murphy. In his new statement, Young said one of Murphy's co-defendants was the actual shooter. The other witness was threatened with a conspiracy to commit murder charge if she did not testify, they said. Lawyers for Murphy have tried unsuccessfully to halt the execution by arguing he was mentally disabled and that putting him to death would be unlawful. Since the U.S. Supreme Court reinstated the death penalty in 1976, Texas has executed 529 inmates, the most of any state. The state has also instituted reforms in the judicial process in recent years designed to increase financing for public defenders and provide greater oversight of prosecutors. (source: Reuters) *** Texas Prepares for Execution of Licho Escamilla on October 14, 2015 Licho Escamilla's execution is scheduled to occur at 6 pm CDT, on Wednesday, October 14, 2015, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas. 33-year-old Licho is convicted of the murder of 34-year-old off-duty Dallas police officer Christopher Kevin James on November 25, 2001, outside of a nightclub in Dallas, Texas. Licho has spent the last 12 years on Texas’ death row. Licho alleges he grew up in an abusive home. Licho’s father testified that Licho’s personality drastically changed after the death of his mother, with whom he was close. Licho also started drinking after his mother’s death. At the age of 11, Licho was physically assaulted by two adult males at a party. They had mistaken Licho for another individual. Lic
[Deathpenalty] death penalty news----KY., MO., CALIF., ORE., USA
Oct. 13 KENTUCKY: Conservatives in Northern Kentucky Form Group to Oppose Death Penalty Self-described political and social conservatives in northern Kentucky are forming an organization opposed to the death penalty. Andrew Vandiver, who lives in Walton, is heading the effort. Vandiver says he approaches the death penalty from the pro-life view, that all human life is sacred. "In the United States we have the option of life in prison without parole and given that we have that option I can't find a good basis for taking a human life," says Vandiver. Kentucky is among 31 states that allow executions. Those in favor of capital punishment often say they support the idea because it can deter crime and bring closure to a victim's family. Vandiver says the group's main theme is the death penalty is not aligned with the conservative values and political principles of spending less and limiting the power of government. "Everyone, and particularly conservatives, should recognize that we have limited resources and when we spend millions of dollars on an inefficient program like the death penalty that's taking away from other programs that we can support such as law enforcement that could actually deter crime," says Vandiver. Al Kovacic, a high school teacher who lives in Union, believes capital punishment doesn't deter crime and doesn't bring closure to families of victims. "The death penalty doesn't bring closure to people," he says. "You know, the victim is still dead, the family is still mourning. Taking a life for a life doesn't seem to fix the problem. Murder rates in the states that have the death penalty are higher than the states that don't." Kovacic says he's joining the network of northern Kentucky conservatives who want the state to make life without parole the maximum sentence. In his opinion, the death penalty is revenge, not justice. "We don't burn down the homes of arsonists, for example, steal things from people who steal," says Kovacic. "So, it's not justice, it's retribution." (source: Public News Service) MISSOURIimpending execution ssouri Sets Execution Ernest Lee Johnson The Missouri Supreme Court has ordered the execution of a man who murdered 3 people in the robbery of a Casey’s store in Columbia in February, 1994. Ernest Lee Johnson is scheduled to die by lethal injection between 6 p.m. November 3 and 5:59 p.m. November 4 at the state prison in Bonne Terre. Johnson was convicted of using a hammer to kill Mary Bratcher, Mable Scruggs, and Fred Jones. He was tied to the crime by several pieces of evidence, including money, checks, and a cash register receipt all tied to the store; bloody clothing; and a pair of tennis shoes that matched bloody footprints left at the scene. Johnson has lost several appeals including one that sought a new penalty phase, based on arguments that his counsel was not effective and that an unqualified expert witness testified about an alleged mental deficiency. Missouri is next scheduled to execute Kimber Edwards, who was sentenced to death for hiring another man to murder his ex-wife in 2000. His execution is scheduled for October 6. (source: ozarksfirst.com) CALIFORNIA: Alleged drifter killers charged, face possible death penalty in Marin County The three drifters accused of killing a backpacker in San Francisco’s Golden Gate Park before gunning down a dog-walking hiker on a trail near Fairfax three days later will stand trial for both slayings in Marin County, authorities said Monday. All three defendants — Morrison Haze Lampley, 23, Sean Michael Angold, 24, and 18-year-old Lila Scott Alligood — were charged with two counts of special-circumstances murder. If convicted, they face up to life in prison without parole or the death penalty, if prosecutors decide to seek it and a jury hands it down. The three were expected to be booked into Marin County jail in San Rafael late Monday, and could appear in court as soon as Tuesday. Lampley, Angold and Alligood were arrested Wednesday outside a Portland church soup kitchen and jailed in Multnomah County. Investigators said they tracked the suspects through a GPS device in a station wagon stolen from Steve Carter, 67, a well-known tantra teacher and massage therapist who the threesome allegedly shot on a Marin County fire trail the evening of Oct. 5. The body of Audrey Carey, a 23-year-old backpacker who was on her first solo trip to the United States, had been found in Golden Gate Park on Oct. 3. Authorities now say the defendants shot, beat and robbed her the night before, on the same weekend that hundreds of thousands of people flocked to the park for the Hardly Strictly Bluegrass Festival. When they were arrested, the defendants were allegedly still in possession of Carter’s car, camping equipment belonging to Carey and the gun believed to have been used in both shootings. Police said the gun was stolen from
[Deathpenalty] death penalty news----worldwide
Oct. 13 TRINIDAD & TOBAGO: AG: We will apply hanging law Attorney General Faris Al-Rawi yesterday signaled Government’s intention to introduce measures to apply the death penalty in relation to convicted murderers. During the Budget debate, as he gave an overview of plans for his Ministry, Al-Rawi disclosed that he has already established a “tracking committee” to monitor murder cases and suggested that measures could be introduced to bring about “institutional strengthening” in order to open the door to the hangman once more. “Madam Speaker, I wish to say, in relation to murders, I have established a tracking committee and of the matters that are now in the Assizes for trial, Trinidad and Tobago can expect that there will be an explanation as to why people have not faced the hangman,” the Attorney General told MPs gathered at the International Waterfront Centre, Wrightson Road, Portof- Spain. “There will be an explanation when they do face the hangman, because if you have the laws of Trinidad and Tobago they must be applied and we intend to apply them with due process. But that due process can only happen by way of institutional strengthening.” Al-Rawil gave no further details. The PNM and the opposition People’s Partnership have taken similar stances in relation to the death penalty in the past, with both in support of hanging. However an attempt by the People’s Partnership to pass legislation to categorise murder cases into different classes and to impose the death penalty in only the most grave of cases was shut down by the then Opposition PNM in 2011. The PNM said the bill was too unwieldy to implement and would open the door to legal challenges. Hanging remains the law but is not implemented because of common-law stipulations which limit the time-frame within which capital punishment can occur. Protracted delays in the legal system, involving a multi-tiered system of criminal justice as well as time-consuming appeals to local and international bodies, have often meant the timeframe for a person to hang lapses. No executions have taken place since 1999. (source: Newsday) PAKISTANexecutions Pakistan executes 9, including 4 brothers in a year Pakistan lifted the moratorium on the death penalty following a Taliban attack on a school that killed 150 people. A Pakistani prison official says authorities have hanged nine convicts, including 4 brothers, the latest in a series of death sentences to be carried out since the country lifted a moratorium last year. Tuesday’s executions bring the nationwide total to 255 since December, when Pakistan lifted the moratorium on the death penalty following a Taliban attack on a school that killed 150 people, mostly children. Pakistan has presented the reinstatement of capital punishment as a response to years of militant violence, but human rights groups say the majority of those executed were convicted of criminal offenses. Prison official Khurram Ijaj says those executed Tuesday include four brothers convicted of murder. None of the 9 were convicted of terrorism-related offenses. (source: Indian Express) * 7 murder convicts hanged across Punjab7 more death row convicts were hanged across the different cities of the country today, such as Bahawalpur, Gujrat, Sialkot and Attock. 7 more death convicts were hanged across 4 cities of Punjab province. In Gujranwala district jail, 2 brothers were hanged for murder. Convicts Aslam and Azam were involved in the murder of Aslam’s father-in-law. In Bahawalpur also, 2 brothers Ghulam Sarwar and Ghulam Qadir were also hanged for the murder of daughter and son-in-law. Among those who were hanged also included a SHO who had killed his wife and father-in-law. Convict Muhammad Ashraf was hanged till he was dead for murdering a father and his son in Attock central jail. Murder convict Muhammad Akram was also hanged in Sialkot district jail whilst in Mandi Bahauddin, convict Niaz was forgiven by relatives of the slain hence he escaped the noose. The moratorium on death penalty was suspended in Pakistan, following the deadly Peshawar Army Public School massacre, in which 150 children were slaughtered by terrorists belonging to the TTP. Following the debate, the Prime Minister suspended the moratorium on death penalties and important militants belonging to banned outfits were also hanged. (source: arynews.tv) MOROCCO: Activists Protest Death Penalty in Rabat A number of activists gathered yesterday before the parliament building in Rabat to protest the continued existence of the death penalty in Morocco. Lawyer Abderrahim Jamai, the leader of the protest stated a profound reform of the Penal Code is needed” considering that injury to life itself is a crime and “violation of what is most sacred in human rights, the right to life.” Similarly, the president of the Association Marocaine des Droits Humains,
[Deathpenalty] death penalty news----worldwide
Oct. 13 MALAYSIA: Prisoner trades execution appeal for witness statement on unsolved murders The Court of Appeal was scheduled to hear an appeal against a death sentence for a firearms offence yesterday, but the odd-job labourer withdrew his appeal and instead requested that a policeman take his statement on 2 unsolved murders. Lim Long Chuan, 56, has been waiting at the Kajang prison to be hanged for discharging a firearm at a worker during a robbery at an Internet cafe more than 3 years ago. At the outset of his appeal, his lawyer Kitson Foong informed the court that Lim was withdrawing his appeal and that he would like the judges to use their power to send a police officer to record his statement on 2 unsolved murders he had witnessed. At this, Justice Tengku Maimun Tuan Mat, who chaired the panel which also comprised Justices Dr Hamid Sultan Abu Backer and Zamani A. Rahim, remarked: “This is a very unusual request.” She adjourned briefly for a Chinese court interpreter to be present. Lim told the interpreter in Mandarin that he wanted a police officer to record his statement for 2 murder cases in which he was a witness. Deputy Public Prosecutor Nahra Dollah said that she was not aware of the procedure involving such a request and suggested that his lawyer write directly to Bukit Aman. Justice Dr Hamid Sultan interjected, saying that if someone wanted to give evidence to the police on a murder, it was an important request and there was nothing stopping the prosecutor from facilitating Lim. “This is a public duty. We have to take cognisance,” said Justice Dr Hamid Sultan. DPP Nahra replied that the request could be facilitated. Justice Tengku Maimun then struck out Lim’s appeal and ordered the deputy public prosecutor to contact the police to execute Lim’s request. On May 5 last year, Lim admitted to discharging a firearm with intention to cause death to worker Mohd Rahmat Jul at an Internet cafe in Jinjang Selatan, Sentul, at 6.30am on Aug 27, 2012. However, the High Court did not accept his guilty plea because the offence was punishable by death and heard evidence from 5 prosecution witnesses. On April 22, after the 5th witness testified, Lim again told the court that he wanted to plead guilty. A court interpreter explained to him that the sentence was the death penalty. Lim’s lawyer at the time, C.W. Chan, also explained the sentence to him but Lim still insisted on pleading guilty. After High Court judge Justice Mohd Azman Husin questioned Lim for the third time and was satisfied that he understood the repercussions of his plea, he sentenced him to death. Lim later filed his appeal. (source: The Daily Star) INDIA: Youth gets double-lifer, double-death for rape, murder of 2-yr-old In a first-of-its-kind judgement, a 21-year-old youth was handed a double-death double-life sentence for brutally raping and murdering his two-year-old niece. The Nagpur bench of the Bombay HC pronounced the sentence under Section 376A of the IPC, which had been amended in light of the Nirbhaya rape case. A bench comprising Justice Bhushan Gavai and Justice Prasanna Varale confirmed the verdict of a Yavatmal sessions court that sentenced Shatrughan Masram to death for committing the heinous crime on February 11, 2013. MAsram was awarded capital punishment under Section 376A, with a second death penalty under Section 302 of the IPC for murder. He was sentenced to life terms under Section 376 (2) (f) (i) (m) (rape) and the Protection Of Children from Sexual Offences (POSCO) act. The bench rejected Masram’s plea for leniency considering his age, making its stand clear on cases of extreme brutality. His crime was categorised as “rarest of rare” cases, which is a necessary precedent for the death penalty. The incident took place in Ghatanji town of Yavatmal 4 months after the family moved to Yavatmal from Andhra Pradesh. The parents of the victim, who are labourers, left her at a relative’s place, from where Masram took the girl to a construction site and raped and murdered her. The victim died on the spot and was soon found by her parents with Masram, who was attempting to escape. Medical investigation revealed a brutal assault – her flesh had been torn off from her body with his teeth and there were bite marks all over her body. (source: The Northeast Today) SAUDI ARABIAexecution Saudi national executed for killing policeman Saudi Arabia on Tuesday executed one of its citizens in the southern city of Abha after he was convicted of killing a policeman, the interior ministry said. Ali Assiri shot and killed the policeman while being arrested, the ministry said in a statement published by the official SPA news agency. The ultra-conservative kingdom has carried out 134 executions, including of many foreigners, so far this year, according to an AFP count. This far exceeds a toll of 87 for the whole of 2014. Amn
[Deathpenalty] death penalty news----TEXAS, FLA., LA.
Oct. 13 TEXAS: Convicted killer faces death penalty in deputy murder case The sentencing phase was set to begin Tuesday morning in the trial of Mark Anthony Gonzalez, the man convicted of shooting and killing a sergeant with the Bexar County Sheriff's Office. Gonzalez shot Sgt. Kenneth Vann more than 40 times at an East Side intersection more than 4 years ago. The defense attorney had argued that Gonzalez was drunk, was suffering from a head injury and had not eaten prior to the murder. He said the combination of those circumstances led Gonzalez to 'black out.' The jury did not buy that defense, taking only about an hour on Monday to find him guilty of capital murder. He could get the death penalty. (source: foxsanantonio.com) FLORIDA: U.S. justices press Florida over death penalty sentencing A majority of U.S. Supreme Court justices on Tuesday expressed skepticism about Florida's process for death sentences as they weighed the appeal of a man convicted of murdering the manager of a Popeye's Fried Chicken restaurant. Timothy Hurst, whose lawyers describe as mentally disabled with "borderline intelligence" and an IQ between 70 and 78, was sentenced to death for the 1998 murder of a manager at the restaurant in Pensacola where he worked. Key findings that determined whether he received the death penalty were impermissibly made by a judge rather than a jury, Hurst's lawyers argued as the high court heard oral arguments in the case. The Florida procedure violates the right to trial by jury guaranteed under the U.S. Constitution's Sixth Amendment based on a 2001 Supreme Court ruling, his lawyers said. The high court said in that ruling that aggravating factors that can lead to an enhanced sentence must be determined by juries, not judges. (source: Reuters) Supreme Court debates Florida death penalty case--Results could affect high-profile trail of Bessman Okafor in Orange County The U.S. Supreme Court is taking up debate Tuesday over a Florida death penalty case. The case before the Supreme Court occurred in Pensacola in 1998. Timothy Lee Hurst was convicted of murdering his manager inside a Popeye's restaurant. and the jury recommended a death sentence by a 7-5 vote. Hurt's lawyers argue that their client's rights were violated, because Florida is the only state in the country that allows the death penalty with a simple majority vote. Justices will determine whether the death penalty should be enacted if the jury does not reach a unanimous decision. The results could affect another high-profile trial in Orange County. Bessman Okafor was found guilty in August of killing a man who was going to testify against him in a home invasion trial. As in Hurst's case, the jury's decision was not unanimous. Lawyers in Okafor's case are expected to be back in court Tuesday afternoon to continue their final arguments. (source: clickorlando.com) LOUISIANA: Innocent death-row prisoner released with $30 gift card after 30 years Glenn Ford spent three decades in solitary confinement for a murder he didn’t commit. After 30 years wrongfully imprisoned for murder on death row, Glenn Ford was released with a $30 gift card. Under Louisiana law, Ford was entitled more than $400,000 in compensation for the time he spent in solitary confinement at notorious maximum-security facility Angola. Instead, he died penniless on the street. In an astonishing interview on CBS’s 60 Minutes, the prosecutor who convicted him said the mistake had ruined both their lives. “I did something that was very, very bad,” Marty Stroud told the TV show. “I was arrogant, narcissistic, caught up in the culture of winning.” Stroud, then 32, helped to convict Ford of robbing and murdering jeweller Isadore Rozeman, for which he was sentenced to death in 1984. Ford had done yard work for Rozeman and was known to be a petty thief. He had even pawned some of the stolen jewellery. But was it enough to convict? No weapon or witness put Ford at the scene. Stroud admitted a number of mistakes were made during the case. “There was a question about other people’s involvement,” he said. “I should have followed up on that. I think my failure to say something can only be described as cowardice. I was a coward.” Ford’s court-appointed lawyers had no experience of criminal law, with backgrounds in wills and estates. “I snickered from time to time saying … we’re going to get though this case pretty quickly,” Stroud said. There were no African Americans on the jury. “I felt that they would not consider a death penalty where you had a black defendant and a white victim,” Stroud said. “I was wrong.” It took the jury less than three hours to find Ford guilty. Afterwards, Stroud went out to celebrate with drinks, songs and slaps on the back, a performance he now calls “disgusting”. While Stroud’s career soared after the case, Ford became one of Ame
[Deathpenalty] death penalty news----TEXAS, ALA., NEB., CALIF.
Oct. 13 TEXASimpending execution Man convicted in Dallas officer's 2001 death faces execution The 19-year-old was already wanted in Dallas in the fatal shooting of a neighbor when he got involved in a brawl outside a club, pulled out a 9 mm semi-automatic handgun and opened fire on police as they tried to break up the fight. Licho Escamilla's bullets twice struck Christopher Kevin James, among 4 uniformed Dallas officers working off-duty security that 2001 Thanksgiving weekend, knocking him to the ground. Escamilla then calmly walked up to James and pumped 3 more shots into the back of his head before running and exchanging shots with other officers, witnesses said. A wounded Escamilla was arrested as he tried to carjack a truck. On Wednesday night, Escamilla is slated to become the 24th convicted killer put to death this year in the United States — with Texas accounting for 1/2 of the execution. The U.S. Supreme Court last week refused to review the 33-year-old's case, the Texas Board of Pardons and Paroles on Monday decided against a reprieve and recommending clemency and no new appeals were in the courts Tuesday. "He's a really bad guy," trial prosecutor Fred Burns said Tuesday. "I think what happened is the guy already committed one murder and figures that's what (officers) were coming after him for." A warrant had been issued for Escamilla in the shooting death of a West Dallas neighbor nearly three weeks before James' death on Nov. 25, 2001. Escamilla's trial attorneys told jurors he was responsible for James' slaying but argued it didn't merit a death sentence because James was not officially on duty, meaning the crime didn't qualify as a capital murder. As the judge in October 2002 read his death sentence, Escamilla threw of pitcher of water at the jury, started kicking and hitting people and hid under the defense table until he was subdued by sheriff's deputies. "It was a real scene," Wayne Huff, Escamilla's lead trial lawyer, said. "I don't think there was any real doubt he was going to be found guilty." Testimony showed Escamilla bragged to emergency medical technicians who were treating his wounds that he had killed an officer and injured another and that he'd be out of jail in 48 hours. He also admitted to the slaying during a television interview from jail. James, 34, had earned dozens of commendations during his nearly 7 years on the Dallas police force after graduating at the top of his cadet class. He was working the off-duty security job to earn extra money so he and his new wife could buy a house. A 2nd officer wounded in the gunfire survived. According to court documents, Escamilla and some older brothers were involved in gang activities and sold and used drugs from an early age. He was involved in 2 high-speed police chases and an assault on an assistant principal in school, where he dropped out after the eighth grade. (source: Associated Press) ALABAMA: Death row attorney: Firing squad is a 'feasible' option Alabama could easily form a firing squad – it has the bullets and the marksmen to do it - to execute Alabama death row inmate Tommy Arthur, an attorney for the condemned man states in a court filing. Arthur's attorney, Suhana S. Han, on Friday filed a motion asking U.S. District Court Judge Keith Watkins to reconsider his Oct. 5 order that denied Arthur the chance to argue the firing squad as a feasible alternative to the state's three-drug lethal injection method. "Mr. Arthur has alleged numerous facts showing that the firing squad is 'feasible' and 'readily available'," Han stated in her motion. Those facts, Han states, includes that Alabama would be able to supply officers to carry out an execution by firing squad, that numerous people employed by the state have the training necessary to successfully perform an execution by firing squad, and the state already has a stockpile of both weapons and ammunition. Han also states that by adopting a firing squad protocol, "the State of Utah has shown that it is a practicable option." Watkins had stated in his order that any suggestion of an alternate method had to be one that complied with the rules set out by the U.S. Supreme Court's ruling in an Oklahoma case this summer. That requires that the alternate execution method has to be already permitted by the state's law. Han argued that's not the case. "The ease with which Alabama could implement a firing squad protocol, including by passing any necessary legislation, is properly the subject of discovery and adjudication on the merits after a full evidentiary hearing," Han argues in her filing. If the judge doesn't want to reconsider his order, then Han asks that the judge allow his order be appealed on that one point regarding the firing squad. Arthur is among at least eight Alabama death row inmates who have filed lawsuits challenging Alabama's lethal injection method. Attorneys
