[Deathpenalty] death penalty news----worldwide
Oct. 28 AUSTRALIA: Barrister named Vic Australian of the Year The Bali 9 duo's lawyer Julian McMahon has been named Victorian Australian of the Year. Leading up to the execution of Bali 9 ringleaders Andrew Chan and Myuran Sukumaran, their lawyer Julian McMahon solely focused on their case. Refusing to take on any new paying clients, the 2016 Victorian Australian of the Year worked tirelessly to try to save them from the death penalty. For more than 12 years, he has worked without payments for Australians facing the death penalty abroad. His clients include Van Tuong Nguyen in Singapore and George Forbes in Sudan, among others. Leading up to the executions of Bali 9 ringleaders Andrew Chan and Myuran Sukumaran, Mr McMahon remained wholly focused on their case, not taking on any new clients. Premier Daniel Andrews attended the Victorian Australian of the Year Awards on Wednesday night and applauded Mr McMahon and other recipients for their work in the community. "They are truly inspirational and great role models for Australians young and old," Mr Andrews said on Wednesday night. "Their dedication and commitment each of them shows to their chosen field is something for us all to truly admire." Indigenous elder Jack Charles was awarded the Victorian Senior Australian of the Year at the ceremony hosted at the Aerial Function Centre, as was university student Robert Gillies named Victorian Young Australian of the Year and social entrepreneur Rebecca Scott, who was named Victorian Local Hero. (source: Yahoo News) VIETNAM: Vietnamese man sentenced to death for brutal slayings of 4 A court in the northern province of Yen Bai on Wednesday handed down the death penalty to a man for killing 4 people in a family, including a 2-year-old boy, in a mountainous village in August. Thousands of local residents flocked to the outdoor trial to witness the end of one of the most brutal murder cases this year. Dang Van Hung, 26, was found guilty of murdering 32-year-old Tran Van Long, Long's 20-year-old wife Phan Thi Hoa, his 2-year-old son and his sister-in-law on August 12. Hung confessed that he killed Long and the others after an argument over disputed farm land and water stream with Long. Hung and the victims are relatives. According to the indictment, on the afternoon of August 12, Hung was working on a field. After he picked up a fight with Long, he kicked Long in the face and knocked him down. Seeing the attack, Hoa tried to call her father on the phone for help. Long then tried to run away. Hung chased after him and slashed him on the back with a knife. The victim continued to run until he collapsed. Hung repeatedly slashed him on the neck and shoulders. After Long died, Hung came back to murder Hoa by slashing her multiple times. He then killed Hoa's younger sister and Hoa's2-year-old son, both were staying in a makeshift house on the field. Hung came back to his house and threatened to kill his own father to get 2 rifles. He packed the 2 knives he used to kill the victims and the rifles. Before leaving, he told his father he had killed the family of 4. Hung came to a cassava field and asked his girlfriend Nguyen Thi Han, 36, to go with him. He then told Han about the killings and said he wanted to commit suicide. Han persuaded him to turn himself into police but the man refused to and forced her to flee with him. The couple were arrested 3 days later while they were hiding in a forest in Yen Bai Province, a few kilometers away from the crime scene. (source: Thanh Nien News) ___ 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, DEL., CALIF.
Oct. 28 TEXAS: Court documents: Zoe Hastings was stabbed, found dead outside of minivan An 18-year-old woman killed 2 weeks ago on her way to church was stabbed and left for dead near a creek, police say. Police had previously declined to say the way Zoe Hastings was slain. But new details emerged in court documents in the case obtained Tuesday by The Dallas Morning News. Detectives obtained a search warrant for Antonio Lamar Cochran's northeast Dallas apartment. Cochran, 34, was arrested and accused of abducting and killing Hastings on Oct. 11. He is charged with capital murder and could face the death penalty. Authorities say his DNA was found at the crime scene. Police returned from Cochran's apartment with a piece of carpet, a rug, several pocket knives, a container of clothes, tennis shoes, a cellphone and a blanket and pillows, according to court documents. Investigators also said they recovered a pill bottle and photos from Cochran's car. Hastings was on her way to church Sunday evening when she stopped at a pharmacy to return Redbox movies. There, Cochran got out his car and approached Hastings, police said. One affidavit says witnesses saw the 2 arguing. Cochran then allegedly forced his way into Hastings' minivan, getting in the driver's seat and pushing her over to the passenger's side. Hastings was reported missing when she didn't show up to church. The next morning, she was found dead outside of the minivan in a creek near the 11700 block of Dixfield Drive. Police said she was stabbed and had suffered "obvious homicidal violence," but do not give any more detail about the way she died. That day, detectives turned their attention to people Hastings may have known. They requested Hastings' online social media information, posts and messages from Facebook and Tinder. But Hastings and Cochran did not know each other and police went on a two-week hunt for information that might lead to the accused killer. Authorities credited efforts by friends and complete strangers to Hastings for their efforts to find a suspect. A police official also called Cochran "a sexual predator." Cochran has not been charged with a sex crime in connection with Hastings' slaying, but was acquitted of a rape charge earlier this year in Texarkana. Cochran moved to Dallas after that. Cochran's public defender attorney in that Bowie County case said Monday that problems with the 17-year-old accuser's testimony there gave the jury doubts. Meanwhile, Dallas County First Assistant District Attorney Messina Madson said in an email Tuesday that no decision has been made whether to pursue the death penalty against Cochran. Family spokeswoman Shonn Brown said Monday that Hastings' parents will support whatever sentence the evidence calls for, but added that they are focused currently on their 4 other children. (source: Dallas Morning News) DELAWARE: Thursday town hall meeting on racial justice planned The Complexities of Color Coalition, the NAACP Delaware State Conference, the Delaware Repeal Project, and the Southern Coalition for Social Justice will host their 2nd of 4 town hall meetings to address racial inequities in Delaware's criminal justice system on Thursday. The meeting will take place at Whatcoat United Methodist Church in Dover at 7 p.m. "We believe the system is broke," said Dr. Donald Morton, Executive Director of the Complexities of Color Coalition. "We have some structural issues and we just want to educate people on the racial disparities in the criminal-justice system." One of the main issues that will be discussed at the meeting will be the death penalty repeal. In May, The House Judiciary Committee voted 6-5 not to release the bill to the House floor. "There are real issues in our state about fairness in the administration of justice, especially as it relates to blacks not getting a fair trial in the courts and the death penalty," said Richard Smith, NAACP Delaware State Conference president. "Our leaders continue to neglect the basic needs of the black community and we will hold them accountable unless there's a change." The meetings will be held in each of the counties, as the 1st meeting was held in Sussex County in September. Daniel Walker, committee organizer for the Delaware Repeal Project for Kent and Sussex County, said he was pleased with the turnout. "It was very engaging," Mr. Walker said. "About 70 people came out. It was great, as we hope to increase that number during the next meeting and just continue to educate people." Dr. Morton said each county is different, but the problems remain the same. "Each country brings its own temperament," Dr. Morton said. "We have different panel members, so we expect for the conversation to be slightly different. It just happens that way at times." The next meeting will be held on Nov. 17 in Wilmington. The final meeting will be an online discussion
[Deathpenalty] death penalty news----worldwide
Oct. 28 SINGAPORE: President rejects clemency plea of Malaysian in unique case President Tony Tan has rejected the clemency appeal of Malaysian Kho Jabing to be spared the death sentence. The 31-year old from Sarawak, along with an accomplice, Galing Kujat, were arrested in 2008 for the murder of 40-year old Cao Ruyin. Mr Cao, a Chinese national, was bludgeoned to death by the 2 in Geylang during a robbery where he was robbed of his mobile phone and was beaten with a tree branch and died from his injuries 6 days later. In 2010, both Kho and Kujat, who is also a Malaysian, were found guilty of the charges and were sentenced to death. The 2 men appealed their sentences in 2013. The Court of Appeal (CA) upheld Kho's conviction and sentence; but it allowed Kujat's appeal, and substituted his conviction for murder with an offence of robbery with hurt. The CA then sent his case back to the High Court for re-sentencing. Kujat was then given 18 years and 6 months imprisonment, and 19 strokes of the cane. In 2013, the government introduced changes to the mandatory death penalty laws where the death sentence would be applied only to the most serious of murder (and drug trafficking) cases. Under the changes, a convicted person on death row could apply for alternative sentences, if he fulfilled certain and specific conditions. Kho's lawyer, Anand Nalachandran, then applied for his client to be re-sentenced under the new legal regime. In 2013, the CA allowed Kho's application and remitted his case to the High Court for re-sentencing. The High Court subsequently reduced Kho's death sentence to life imprisonment, with the maximum 24 strokes of the cane. "There was no clear sequence of events concerning the attack," Justice Tay Yong Kwang said then. He added, referring to the critical issue of how the assault took place: "There was no clear evidence that the convicted person went after the deceased from behind without warning and started hitting him on the head with the piece of wood." The prosecution, however, appealed the High Court's decision on the grounds that "this was an extremely vicious attack on the victim." The Court of Appeal (CA), this time made up of a rare 5-men panel, eventually overturned the High Court's decision with a 3-2 vote earlier this year. Kho's case is the 1st case of its kind to reach the Court of Appeal since the amendments to the mandatory death penalty were enacted. One of the main questions which the CA considered was whether Mr Kho had "exhibited a blatant disregard for human life in the way he attacked the deceased." "In determining whether the actions of the offender would outrage the feelings of the community, we find that the death penalty would be the appropriate sentence when the offender has acted in a way which exhibits viciousness or a blatant disregard for human life," the judges said in their written decision. "Viewed in this light, it is the manner in which the offender acted which takes centre stage. For example, in the case of a violent act leading to death, the savagery of the attack would be indicative of the offender's regard for human life. The number of stabs or blows, the area of the injury, the duration of the attack and the force used would all be pertinent factors to be considered." The judges added, "It is the offender's (dis)regard for human life which will be critical." "This explains why an offence under s 300(a) of the PC, where the offender had the clear intention to cause death, still carries the mandatory death penalty." The judges considered that Kho, who was 24 at the time of the crime, had approached Cao from behind when the assault happened; "that after the deceased fell to the ground after the 1st blow and then turned around to face upwards, [Kho] struck him once more"; and that "the force he exerted in the 2 blows must have been so great as to cause fracturing of such severity and magnitude." "In light of the sheer savagery and brutality exhibited by the Respondent, we are completely satisfied that the Respondent exhibited a blatant disregard for human life in the way he attacked the deceased," the CA judges said. The CA then overturned Justice Tay's decision and re-imposed the death sentence on Kho. On 19 October, the family of Kho was informed that the president, after due consideration and on advice of the Cabinet, has rejected Kho's appeal for clemency. This means that Kho has exhausted all legal avenues for reprieve. "He told us that when he dies we should not be sad or cry because this is his destiny, and that he is very grateful for everyone's help," Jumai Kho, the sister of the inmate, said after their 1st visit with her brother. According to the Second Chances website, although he had been a Christian before, Kho had converted to Islam while in prison. "My brother says he wants the Malaysian embassy to help fly his body back to Miri
[Deathpenalty] death penalty news----ARK., MO., OKLA., NEB., NEV., ARIZ., CALIF., USA
Oct. 28 ARKANSAS: Lawyer for Arkansas says drug supplier sold execution chemicals while expecting secrecy An assistant attorney general says the company that sold Arkansas execution drugs had contracts with manufacturers prohibiting the chemicals from being sold for use in death penalty cases, but made a deal anyway because a new state law ensured it would remain anonymous. Jennifer Merritt later told a Pulaski County judge during the same hearing Tuesday that she didn't know what was in the contracts between the drug supplier and drug manufacturers. Judge Wendell Griffen objected, saying state lawyers in earlier pleadings argued that disclosing the supplier would create an undue burden by forcing the company to acknowledge it violated contracts. The Associated Press identified the three probable drug manufacturers last month, and all said they had supply chain protections to prevent their drugs from being sold to prisons. (source: Associated Press) MISSOURIimpending execution Federal judge declines to block Missouri execution A Missouri federal judge is refusing to block next week's execution of a cancer-stricken inmate who used a hammer in killing 3 workers of convenience store more than 2 decades ago. U.S. District Court Chief Judge Greg Kays in Kansas City, Missouri, on Tuesday threw out Ernest Lee Johnson's request to intervene. Johnson claimed in an appeal filed last week that his brain tumor constitutes a "unique medical condition" that could be exacerbated by Tuesday's scheduled lethal injection, possibly causing uncontrollable seizures and convulsions. The state counters Missouri has carried out 18 rapid, painless executions since late 2013. Kays also sided with the state's argument that 55-year-old Johnson's appeal wasn't filed timely enough. Johnson was convicted of killing 3 people in 1994 at a Columbia convenience store where they worked. (source: Associated Press) OKLAHOMA: Competency Trial Resumes For Oklahoma Man In Beheading Death Testimony resumed Tuesday in a trial to determine whether an Oklahoma man accused in the beheading of his co-worker is mentally competent to be tried for 1st-degree murder. The non-jury trial resumes for 31-year-old Alton Nolen, who is charged in the September 2014 slaying of 54-year-old Colleen Hufford at a food processing plant in Moore. Authorities said Nolen attacked Hufford with a knife, beheading her. Nolen had just been suspended from his job at a Vaughan Foods processing plant where they worked when the attack occurred. On Monday, a clinical psychologist testified that Nolen is mentally incompetent to be tried because he wants the death penalty and will not help his attorneys prepare his defense. Dr. Anita Russell of Tulsa also said Nolen is intellectually impaired. Nolen's cousin, Crystal Green, testified on Tuesday, saying that no one in the family ever said anything about Nolen having problems or being mentally-challenged. Nolen's sister, 27-year-old Megan Nolen, also testified on Tuesday. Alton Nolen kept his face covered with his hands, and wouldn't even look at his sister while she testified. Both Megan and Alton have the same mother, but different fathers. She said that Alton always needed help with school work, and she said the family would have to help him with his homework. Megan testified that Alton often did not understand simple or complex conversations, and that he stuttered. She said she would describe her brother as having a learning disability. Dr. Shawn Roberson, Director of Forensic Psychology at Oklahoma Forensic Center, does evaluations for both prosecutors and defense attorneys. He testified that Nolen said he had no concerns about the death penalty, since he believed in the afterlife and he did understand the charges levied against him. Dr. Roberson said Nolen is competent enough to assist in his defense, but was just resistant, saying he would only answer as a Muslim and refused to answer questions. Robertson said Nolen understands the legal process, but refused to accept a plea deal. He only would accept the death penalty. Dr. Roberson claims that Nolen said, "I'm a Muslim. I'm not scared to die." Robertson said Nolen could assist his attorneys if he chose to, so he feels Nolen is competent to stand trial. Dr. Roberson testified that Nolen didn't show any signs of severe mental illnesses or had any history of it. He said there was no data to suggest Nolen had any mental retardation. And if it were a concern, he would have put it in the report. But he did not. The state's psychologist testified it would not have skewed his opinion about Nolen's competency. He feels Nolen is competent to stand trial, and just chooses not to assist in his defense. Roberson testified that he saw nothing that would show Nolen was at all intellectually-disabled. He did not consider him presently dangerous due to a mental illne
[Deathpenalty] death penalty news----N.Y., VA., FLA., LA., OHIO, KY.
Oct. 28 NEW YORK: Former death row inmate recalls failed justice and redemption Anthony Ray Hinton, who was freed in April after serving 30 years on Alabama's death row, recounts Monday at St. Bonaventure University his incarceration for 2 murders courts later determined he didn't commit. For 30 years, Anthony Ray Hinton was a dead man walking. He stood free Monday evening before a large crowd of St. Bonaventure University students and staff to recount his tale of racism, failed justice and redemption. Convicted of shooting two restaurant managers dead and wounding another in Alabama in 1985 - wrongly so, as the court ruled decades later - Hinton was doomed to a 5-foot-by-7-foot death row cell at Jefferson County Jail, just 30 feet from the room housing the electric chair waiting to kill him. Thanks to the Equal Justice Initiative, Hinton received adequate representation to which he was previously denied and found ballistics experts who proved his innocence. He was exonerated in April. Lead EJI attorney Bryan Stevenson then penned "Just Mercy: A Story of Justice and Redemption," which St. Bonaventure picked up as this year's All Bonaventure Reads book, meriting an invitation for Hinton and fellow EJI attorney Charlotte Morrison to speak. "I was sent to death row because I was born black and because I was born poor," Hinton said. "I didn't ask God to make me black, and I sure didn't ask him to make me poor." 55 others were executed as Hinton languished on death row. He'll never forget the smell the next day. "There is nothing in this world that can prepare you to smell another human being that had been burned alive the night before," Hinton said. Hinton had an alibi for the nights of the murders - he was working. But investigators found a revolver in his mother's bedroom. "The state of Alabama knew I was innocent, but my life didn't matter," Hinton said, noting that when he claimed innocence to his arresting officers, they said, "You'll do." The prosecutor was infamous for rejecting black jurors from trials involving other African-Americans, Morrison said. Hinton had been profiled, she added, fitting a vague description as a black man who lived with his mother. An all-white jury presumed his guilt from the start and found a "hack, half-blind" civil engineer who served as the original ballistics "expert" for Hinton's defense to be a joke, Morrison said. Appeals followed conviction. One attorney from Boston assured Hinton he could bump the sentence down to life without parole. "Life without parole is for guilty men ... and I'm not guilty," Hinton said. "I needed someone to believe in me. I didn't need life without parole. I needed my freedom back." The search for representation continued. After meeting Stevenson, Equal Justice Initiative's founder who took the case personally, they began crafting yet another appellate defense. Finding weapons experts who could prove the bullets didn't match the gun, ironically, was secondary to finding experts whom southern jurors and judges would simply respect. "I need this expert to be white. I need this expert to be from the South. I need him to believe in the death penalty. But more importantly, I need this expert to tell the truth once he examines the bullets," Hinton said. "You have to understand, in the South they do not value what people in the North think or have to say." EJI found 2 white, pro-death-penalty ballistics experts from Texas and a third from Virginia who proved Hinton's innocence in 1999. "But for 16 years, I lingered on death row for something I didn't do," Hinton said. "For 16 years, the state of Alabama refused to retest the bullets because they didn't have to. For 16 years, it was as though my life didn't matter." His mother died in that time. He wasn't permitted to go to the funeral. He learned to pass time each day with humor. With justice finally served this spring, Hinton emerged from Jefferson County Jail with a gray beard. "You never realize how much you lose until something is taken from you. While you take the sun for granted, I didn't see the sun. When you take the rain for granted, I didn't see the rain," he said. "It was something magical, religious the day I got out. The sun was shining as though it was only shining on me. "I went to EJI in Montgomery and it rained. Everybody else was running to get out of the rain. I was trying to stay in because I hadn't felt rain on my body for 30 years. ... I've been dead for 30 years." The effects of being institutionalized remain. He bought a California king-sized bed, but after decades in a small cell, he still sleeps in the fetal position. He forgives. "I do not forgive them so they can sleep good at night. I forgive them so I can sleep good at night," he said. Hinton finds solace in his Bible. "I remember Jesus' last words on the cross: 'Father, forgive them, for they know not what
