[Deathpenalty] death penalty news----worldwide----
Nov. 13 BANGLADESH: A case for clemency If ever there was an appropriate case for judicial leniency or presidential clemency it is in the tragic case of Oishee, recently convicted of murdering her parents and sentenced to death as a result. We are not questioning the verdict nor the honourable judge's decision to impose the sentence that he did. He followed the law and his conscience, and there can be no questions raised about the probity of the process or the soundness of the judgment rendered. However, we feel that Oishee's tender age at the time the murders were committed together with her diminished capacity due to years of drug abuse make her an appropriate candidate for mercy. Whatever else she may be, she is not a hardened criminal with a long record of heartless crime behind her. She was a misguided girl, caught in a cycle of drug dependency and all its attendant ills, who made a catastrophic and unforgiveable moral choice. She has been found guilty of a terrible crime, and she must face punishment for it. However, we feel that for one of her years and record, a lesser punishment than the one served would not be inappropriate. She may have committed a heinous crime, but she is not a lost cause. With appropriate custodial punishment and rehabilitation, she has the potential to make something of her life and atone for her actions, a possibility the death penalty would foreclose. It should be noted that caught in a downward spiral of drug abuse and degradation from a vulnerable age, she never received the treatment, guidance, or support that could have led to a happier path. For all these reasons, we feel that society should not give up on her just yet. Even if she was not a child under the law, she was, without question, at a very young and impressionable age, and to be sentenced to death for a single act committed in her teenage years, that we are sure she will spend her whole life regretting, is a severe punishment indeed. None of this exonerates Oishee for her actions. However, if she were to receive leniency on appeal or, failing that, the president sought to exercise his august powers of clemency in her favour, we think justice would be well served (source: Editorial, Dhaka Tribune) SAUDI ARABIAexecution Saudi carries out 146th execution this year Most Saudi executions are carried out by beheading with a sword. Nabi Baksh, Mohammd Balouh and Omeed Bouledah were executed in the Eastern Saudi port of Dammam, Sabq newspaper said. Hundreds of people have been beheaded in Saudi Arabia on charges of smuggling drugs and a lot of them were Asians. Their cases, according to AFP tallies, bring to 145 the number of foreigners and locals executed in the conservative Islamic kingdom in 2015, compared with 87 in 2014. The last time Riyadh executed over 150 people in a single year was in 1995, when 192 executions were recorded, according to the statement. Rights experts have raised concerns about the fairness of trials in the kingdom. Nearly 1/2 of the 151 executions were for offences that do not meet the threshold of "most serious crimes" which involve intentional killing and for which the death penalty can be imposed under worldwide human rights law, Amnesty said. Deputy Foreign Minister Hassan Ghashghavi said that when the Iranians were originally arrested four years ago, Iran attempted to provide them with legal counsel but were prevented from doing so by Saudi Arabia. Nimr's nephew Ali Mohammed Baqir al-Nimr, and 2 other young Shia activists who were arrested as juveniles after taking part in anti-government rallies, also had their death sentences upheld, Amnesty said. Saudi Arabia also continues to impose death sentences on and execute people below 18 years of age, in violation of the country's obligations under global customary law and the Convention on the Rights of the Child. (source: financialspots.com) FRANCE/IRAN: Le Monde: 40 intellectuals urge France to denounce Iran executions On the eve of the trip to France by the Iranian regime's President Hassan Rouhani, a group of forty intellectuals signed an appeal on Friday published in the French daily Le Monde to denounce the surge in executions in Iran, stressing that no political or economic consideration can justify turning a blind eye to the disastrous state of human rights in Iran. The following is the text of the appeal by the 40 intellectuals which appeared in Le Monde on November 13, 2015: Appeal We are deeply concerned by the situation of human rights in Iran and the increasing number of executions. Amnesty International reported that from January to mid-July 2015, about 694 executions were carried out in Iran. That is the equivalent of more than 3 people per day. The NGO stated that "Iran's staggering execution toll for the 1st half of this year paints a sinister picture of the machinery of the state carrying out premedit
[Deathpenalty] death penalty news----TEXAS, MO., CALIF., WASH.
Nov. 13 TEXAS: Appeals court refuses to stop execution set for next week A federal appeals court has refused to stop next week's scheduled execution of an East Texas man condemned for setting a fire that killed his young daughter and her 2 half-sisters at their home 15 years ago. The 5th U.S. Circuit Court of Appeals late Thursday rejected a petition from an attorney for 36-year-old Raphael Holiday. Austin-based lawyer Gretchen Sween is arguing Holiday's court-appointed attorneys have abandoned him and his lethal injection scheduled for Wednesday should be stopped so new attorneys can be named for him and pursue appeals. Sween said Friday she'll appeal to the U.S. Supreme Court. Holiday's court-appointed attorneys say his legal issues have been exhausted. Holiday is facing execution for the three fire deaths at the rural Madison County home of his estranged former common-law wife. (source: Associated Press) MISSOURI: Missouri hearing in double killing postponed until next year A Missouri change-of-venue hearing on murder charges linked to a double slaying has been postponed for the suspect already serving life sentences for 6 killings in Illinois. 36-year-old Nicholas Sheley was to have had a hearing Friday in Jefferson County, where he argues he can't get a fair trial on charges related to the deaths of an Arkansas couple during an alleged 2-state killing spree seven years ago. Prosecutors are seeking the death penalty. But the hearing was pushed back Thursday until Jan. 8. Sheley was extradited to Missouri in February from Illinois. 4 of the people he was convicted of killing were bludgeoned with a hammer and ranged in age from 2 years to 29. The other 2 victims were 65 and 93. (source: Associated press) CALIFORNIA: Proposed death penalty fix may fall short Both friends and foes of the death penalty agree the state???s current system is broken and that voters should do something about it in 2016. Of course, the 2 sides part ways from there. Opponents want it replaced by a life sentence without the possibility of parole, a plan the non-partisan Legislative Analyst's Office has estimated would save the state more than $100 million annually. Proponents want to preserve and fix it with a plan that the LAO has said could save the state "tens of millions" in prison costs annually. That savings would reverse the current phenomenon of death-row inmates costing the state more than those serving life sentences, backers say. State voters have cast ballots in favor of the death penalty three times, most recently in 2012 when 52 % rejected a ban on executions similar to the one being prepared for next year's election. If both sides are succeed in qualifying their measures for the ballot next November, the outcome could be in the hands of the voters in the middle - those more concerned about the practical and financial aspects of the law than whether the death penalty is right or wrong. That's where the plan to resume executions may fall short. Waiting and waiting The state hasn't executed anybody since 2006, when the courts determined the 3-drug lethal injection used could cause "cruel and unusual suffering." Not that the death penalty was working well before then. The bureaucracy of the appeals process, the lack of available defense attorneys and a backlog of cases at the Supreme Court has resulted the state's death row population growing to 747. Since 1978, 87 have died of natural causes or suicide on death row - 6 times as many as have been executed during that period. Death penalty advocates cheered 2 incremental steps this month: the Department of Corrections will proceed with the review process toward replacing the 3-drug cocktail with a single drug and an appeals court made a narrow technical ruling that favors the death penalty. But neither move makes it any clearer if and when executions will resume. District attorneys throughout the state, including Orange County???s Tony Rackauckas and San Bernardino County's Mike Ramos, had already begun pushing for a ballot measure to get executions back on track. The measure, which is awaiting state approval so that signature petitions can be circulated, calls for several key changes: -- Streamlining the process for approving a single-drug injection that would address the 2006 court order. -- Expanding the pool of defense attorneys available to represent death row inmates in their appeals process. It now takes 3 to 5 years for an attorney to be assigned because there are so few. -- Streamlining the appeals process, which takes years to reach the state Supreme Court once attorneys are assigned. -- Eliminate the single-cell housing of death-row inmates. This, along with expediting the appeals process, would account for the projected savings. A remaining obstacle There are currently 18 inmates who've exhausted all appeals and are cleared for death once a
[Deathpenalty] death penalty news----worldwide
Nov. 13 AUSTRALIA: Readers disagree with death penalty for terrorists After Moggill MP Dr Christian Rowan said he believed terrorists should face the death penalty, Sunshine Coast Daily readers have voiced their opinions on the issue. A poll on the Daily website had 52% of people in favour of reintroducing the death penalty for terrorists to 36% against it. Many Facebook commenters disagreed with the death penalty though as they believed it was the easy way out. "That's what they want - to die as Martyrs," Judith Hayes said. "They want to die. I say keep them in a tiny cell with just enough food and water to keep them alive," Zahnn Hopping said. "Death is an easy way out compared with spending your life in prison," Lachlan McKay said. "At the end of the day life imprisonment in some ways is even harsher than death," Karl Valenta said. "And as if this would deter terrorists who are already more than happy to kill themselves," he added. A few thought the death penalty would send a strong message to potential future terrorists. "Totally agree we need to bring back the death penalty and send a message we mean business as in protecting all Australians," Robert Parker said. "Rid them from society. Doesn't matter about deterrent or not, just get rid of them," Tony Crowley said. (source: Sunshine Coast Daily) EGYPT: Irish Teen Who Faces The Death Penalty In Egypt "Witnessed Torture" In PrisonIbrahim Halawa, who was arrested in 2013 during anti-government protests, said he has witnessed prisoners being forcefully electrocuted. Halawa, a 19-year-old from Dublin, was arrested along with his 2 sisters while participating in anti-government demonstrations in 2013. Halawa was one of hundreds of activists arrested in Ra???abaa Square during the demonstrations, where it is estimated that around 800 people were killed by Egyptian police. He is currently being held in the Wadi Natrun prison - one of Egypt's highest-security jails - awaiting a mass trial with other protesters. His lawyers and human rights organisations have warned that if he is found guilty, he could face the death penalty. During his time there, Halawa has seen prisoners forced to undergo "experimental torture" techniques such as electrocution, his lawyers say. Free Ibrahim Halawa campaign In a statement, the human rights organisation Reprieve said: "A caseworker was told by Ibrahim that some prisoners were being tied naked in a crucifix position in the prison's halls, while others had been electrocuted, using pools of water to increase the pain. "Ibrahim added that he was regularly beaten with rubber bars,and was singled out by one senior guard for particular abuse." Caseworkers have also noted that Halawa's health was deteriorating, in a statement his legal team gave BuzzFeed News earlier this year. "Ibrahim Halawa has been through a horrifying ordeal - arrested and tortured as a child, held in deplorable conditions for over 2 years, and now faced with the threat of a mass death sentence" said Maya Foa, director of the death penalty team at Reprieve. "The latest reports of the torture meted out in his prison are deeply shocking - and it's utterly clear that his trial alongside 493 other prisoners has precious little to do with justice. Governments that are closely allied to Egypt - including the UK and Ireland - must urge Sisi's government to release Ibrahim and the many others like him." The statements come following meetings last week between David Cameron and the Egyptian president Abdel Fatah el-Sisi. The visit was met with large protests, with many opposed to the meetings due to Sisi's record on human rights, particularly in relation to the large number of arrests of Muslim Brotherhood activists. Earlier this month, Halawa's sisters appealed to David Cameron to raise their brother's case during the Egyptian president's visit to the UK. Omaima Halawa told BuzzFeed News that her brother's health was deteriorating due to bad conditions inside the prison, and that he was also on a hunger strike to protest against his treatment. "We'd say the only way [the Prime Minister] can justify this meeting is to question Sisi on his human rights abuses, the murders he is responsible for in Egypt. Not just my brother, but also the thousands like him." BuzzFeed News has contacted the Egyptian embassy in London for comment. (source: BuzzFeedNews) AFRICA: Let's kick out the death penalty, now! There is no conclusive evidence that the death penalty deters crime, and countries where the death penalty has been abandoned did not, in general, record a rise in crimes. And again, even the best justice systems have sentenced innocent people to die. On Tuesday, 6 June 1995, over a year after electing the late Nelson Mandela as its President, South Africa ended the use of the death penalty, with a ruling of its constitutional court. The death senten
[Deathpenalty] death penalty news----NEB., CALIF., WASH., USA
Nov. 13 NEBRASKA: UNK Hosts Death Penalty Forum Nebraska's death penalty continues to be a hot button topic, regardless of what side you're on. Representatives from each side met at UNK Thursday night for a public debate-one side arguing that the capitol punishment system is broken, the other advocating for it to stay. "The death penalty is a lot more expensive than life without parole," said Nebraskans for Alternative To Death Penalty's Matt Maly. "It seems counter- intuitive but with the lengthy appeals process the complex and longer expensive trial, it's a lot more expensive and that's tax payers' money that we worked so hard for." "The cost, you hear about the cost from defendents who plead guilty rather than have the death penalty," said Nebraskans For Death Penalty's Bob Evnan. "And we have a lot of those in the state as well." Nebraska voters will ultimately have the final decision in the general election in November, 2016. (source: nebraska.tv) CALIFORNIA: Testimony begins in death penalty caseMan accused in 2004 double murder in Indio An Indio woman testified Thursday that she watched hysterically for several minutes as her brother bled, gasped for air and then died after being shot multiple times as he sat in his car near her Towne Street apartment 11 years ago. Vicki Loera Castro was the 1st prosecution witness in the trial of Elias Carmona Lopez, charged with 2 counts of 1st-degree murder in the execution-style shooting deaths of Erineo Perez and Martin Garcia on Oct. 10 and Oct. 26, 2004. Both victims were shot several times in the face, authorities said. Prosecutors are seeking the death penalty for Lopez, who faces special circumstance allegations of lying in wait, committing multiple murders and murder in furtherance of a criminal street gang. (source: KESQ news) California's death penalty process upheld747 people are on death row in California A federal appeals court on Thursday announced it has reversed a lower court's ruling that California's death penalty process was unconstitutional because of systemwide delays. Last year, District Court Judge Cormac J. Carney vacated the 1995 death sentence of Ernest D. Jones, who petitioned the court to determine whether his death sentence was valid. Carney wrote: "Allowing this system to continue to threaten Mr. Jones with the slight possibility of death, almost a generation after he was first sentenced, violates the Eighth Amendment's prohibition against cruel and unusual punishment." Judge Susan P. Graber, who wrote the opinion for the 3-judge appeals panel, said Jones' legal team had asked the court to consider what would be a new constitutional rule in a habeas corpus case (ones that determine whether imprisonment is valid). Most are barred by a 1989 ruling in Teague v. Lane, she wrote. She said the decision was based on the legal maneuvers in the case, not whether the many years death penalty cases take in the system was unconstitutional. "Many agree with petitioner that California's capital punishment system is dysfunctional and that the delay between sentencing and execution in California is extraordinary," she wrote. "But 'the purpose of federal habeas corpus is to ensure that state convictions comply with the federal law in existence at the time the conviction became final, and not to provide a mechanism for the continuing re-examination of final judgments based upon later emerging legal doctrine,'" she added, quoting a 1990 habeas case In California, lawyers can appeal the decision of the appeals court. There are 747 people on death row in California. No one has been executed since 2006. Since 1978, more than 900 people in the state have been sentenced to death row, where inmates spend 23 hours alone in their cells. Of those people, 13 were executed; as of 2014, 94 have died of other causes. Many have been on death row longer than 19 years. Jones was convicted and sentenced to death 20 years ago for raping and killing his girlfriend's mother, Julia Miller, a 50-year-old defense industry accountant. During the trial, Jones was portrayed as the product of a broken home with alcoholic parents. An aunt described his childhood as "a living hell." He grew up in poverty, and his parents used drugs in front of the children and battled violently. His mother beat him and his siblings. He developed a drug habit of his own, which included marijuana and cocaine. The court record indicates Jones spent several years in prison for raping the mother of a previous girlfriend. The California Supreme Court in 2003 upheld the conviction of Jones on 1st-degree murder and rape charges. (source: bigcountryhomepage.com) * Why California's death penalty is back in play A federal appeals court on Thursday reversed a lower court's ruling that found California's death penalty was unconstitutional because of
[Deathpenalty] death penalty news----TEXAS, CONN., N.C., S.C., FLA., OHIO, TENN.
Nov. 13 TEXAS: Some changes would improve the death penalty process There is little common ground between those who favor the death penalty and those who want to abolish it. Still, if we assume that only guilty people should be punished and that taxpayers want to save money, the system can be improved. Cost is always an issue. In 1992, The Dallas Morning News calculated that the cost of an average Texas execution was $2.3 million compared to $750,000 for life imprisonment. Since 1992, the costs of lawyers, extra time in jury selection, inmate housing and appeals have risen substantially. Data reported by the Texas Department of Criminal Justice show Tarrant County has had 38 offenders executed since 1976, the 4th-most in the state. Dallas County ranks 2nd with 55 executed, while nearby Parker County has had 2 and Denton County 6. Johnson and Hood Counties have not fulfilled a death penalty sentence since 1976. Some suggestions: -- Videotape all confessions. Many states and the U.S. Department of Justice already require this, but not Texas. According to the Innocence Project, false confessions were a factor in 25 % of convictions overturned after DNA testing. Younger offenders, those who have mental or emotional handicaps, those "under the influence" or faced with law enforcement pressure have all falsely confessed. In the past, videotape would have been costly and cumbersome, but smart phones, tablets and the like have foreclosed any excuses. -- Require regional mental health panels. When the mental state of the accused is an issue, experts are hired by both prosecution and defense. As most capital murder cases involve indigents, taxpayers pay for both sides of the fight. Smaller counties often have no resident experts. Regional, neutral panels nominated by their peers could review the defendant's interview and other evidence, yet only one would testify. While not totally dispositive of other experts, their objective views would carry great credibility. -- Set national standards for scientific testing. I once defended a murder case in Corpus Christi in which the main issue was the defendant's location. The state's expert used cellphone "pings" and tower locations to demonstrate that the defendant was in the wrong spot at the right time. We had an attorney who rattled off scientific terms and numbers that no one understood, resulting in a costly, hung jury and re-trial. Other "science" such as hair microscopy, bite mark analysis and shoe print comparisons have all resulted in errors. Faulty analysis is behind 47 % of wrongful convictions, according to the Innocence Project. -- Have a fair division of costs. To "get away with (capital) murder" in Texas, or at least not be executed, commit your crime in an average or small county. A Texas Tribune study found more than 1/2 (135) of Texas counties have never executed anyone, and 60 % of the death sentences in the past 5 years have originated from 2 % of our counties. The state, not the county, needs to pick up the tab. Without more safeguards, innocent people will inevitably be executed. We can't placate those with extreme positions, but we can cut costs, improve our justice system and enhance our reputation as a state. (source: Opinion; Steve Fischer of Rockport has been Willacy County district attorney, a criminal lawyer and a professor of criminologyFort Worth Star-Telegram) Jury delivers verdict in death penalty trial A Houston man escaped the death penalty Thursday when jurors opted for a punishment of life without parole. Jurors deliberated more than 12 hours over 3 days before deciding to spare Johnathan "J-Boi" Sanchez in the shooting deaths of 3 people. The same jury convicted the 27-year-old last week of capital murder for killing 3 people and wounding 2 others in a Copperfield-area apartment on the afternoon of Nov. 20, 2013. Sanchez went to an acquaintance's apartment and opened fire, killing Yosselyn Alfaro, who was celebrating her 21st birthday, and Daniel Munoz and Veronica Hernandez, both 17. The 2 survivors, who were also shot in the head, were able to tell police Sanchez was the gunman. The trial, in state District Judge Mark Ellis' court, was the 1st death penalty trial in Harris County this year. (source: Houston Chronicle) CONNECTICUT: Crime and punishment in Connecticut In 2012, Connecticut's Democrat dominated General Assembly abolished capital punishment but carved out an exception for convicted murderers awaiting the death penalty on death row. The carve-out for the 11 death row prisoners was a blatant violation of what used to be called the natural law, a series of political, philosophical and penological assumptions that informs all laws, statutory and constitutional. The abolition should have been applied retroactively to Connecticut prisoners awaiting death, for reasons lucidly stated by Samuel
