[Deathpenalty] death penalty news----VA., GA., OKLA., IDAHO, USA
Nov. 19 VIRGINIA: Open-Government Advocates Wary Of Virginia Supreme Court Decison Members of the Virginia Supreme Court ruled in September on a case about availability of documents and information about the death penalty. Advocates for open government fear that ruling will have broad consequences that reach far beyond the death penalty. A Virginia Supreme Court decision that preserves secrecy around death penalty policies is prompting new concerns about open government that go far beyond what happens in the state's death chamber. The debate took center stage this week as members of the Virginia Freedom of Information Council met to chart a legislative strategy for the upcoming General Assembly session. At issue is a September ruling in a lawsuit filed by Scott Surovell (D-44), a member of the Virginia House of Delegates. He filed a Freedom of Information Act request for policies, procedures, training manuals and details of executions. That request was denied, and the appeals process carried the issue to the state Supreme Court, which ruled against Surovell. "If anyone is to blame for a broad interpretation of the Supreme Court opinion, it is the plaintiffs in this particular case." - Brian Moran, state secretary of Public Safety and Homeland Security The justices issued a broad ruling in Department of Corrections v. Scott Surovell that allows state agencies to withhold entire documents instead of redacting parts of them. It also says courts must give "substantial weight" to determinations made by government agencies about which documents they want to keep secret and which ones they want to reveal. Did Surovell pick the right avenue for his fight? To some observers, it's an open question. "It is surprising, frankly, that the plaintiffs in this case would choose the death chamber to challenge FOIA law," says Brian Moran, secretary of Public Safety and Homeland Security in Virginia. "And so if anyone is to blame for a broad interpretation of the Supreme Court opinion, it is the plaintiffs in this particular case." Surovell, who was recently elected to the state Senate for 2016, disagrees. "Actually I think the death penalty is the perfect place to start out with transparency," he says."The only place where I know that people are executed in secret under a shroud of secrecy in closed rooms are in places like North Korea, the Soviet Union or in China. That's just not how we do business in this country." Virginia legal expert Rich Kelsey says the state Supreme Court decision is consistent with a body of federal and state law that gives government agencies discretion. Nevertheless, he says, the decision should indeed raise concerns for open-government advocates. "This type of decision will have a chilling effect. Will it be dramatic? We don't know," he says. "But it will certainly result in fewer documents rather than more documents being released." The Virginia Freedom of Information Advisory Council - a state-run agency that helps resolve FOIA disputes - hopes to have legislation ready for the upcoming session, which starts in January. Council members directed their staff to draft a bill reversing the court ruling allowing agencies to conceal entire documents that contain sensitive information. Instead, they would have to release them, even if portions are redacted. Surovell says he also wants to reverse what he considers a dangerous precedent - that courts must give special consideration to a state agency's determination about what information it wants to keep secret. "That's really scary," said Surovell. "To me, that's like saying you have to trust the fox that's guarding the henhouse. That's nonsense." (source: WAMU news) * Incoming, outgoing Jesse Matthew prosecutors prepare for transition The Albemarle County prosecutor who secured murder indictments against Jesse Matthew in the deaths of two Virginia college students has detailed the cases to the former federal prosecutor who beat her on Election Day. Denise Lunsford tells WTOP she and Robert Tracci, who staged a bitter battle during Lunsford's bid for re-election, have sat down to discuss the specifics of the commonwealth's cases against Matthew in the deaths of University of Virginia student Hannah Graham and Virginia Tech student Morgan Harrington. "Law enforcement officers and I have met with Mr. Tracci regarding the Matthew case," Lunsford said in an email. "He was briefed on many particulars of the circumstances of the offense and investigation, however the matter is quite involved and he will have a great deal of work to do to become familiar with everything." Tracci will take office Jan. 1, 2016. Matthew is charged with capital murder in the 2014 death of Graham, and 1st degree murder in the 2009 death of Harrington. He could face the death penalty in the Graham case, which is scheduled to begin July 5, 2016. The Harrington case
[Deathpenalty] death penalty news----worldwide
Nov. 19 PAKISTAN: Pakistani PM urges president not to pardon 4 sentenced to death over Peshawar school attack Pakistani Prime Minister Nawaz Sharif has asked the country's president to reject a petition for pardon for 4 suspected militants sentenced to death over the Peshawar school attack last December that killed 150 people, mostly children. The horrific Dec. 16 attack was claimed by the Taliban and prompted Pakistan to lift a 2008-moratorium on the death penalty. The government released a statement on Thursday quoting Sharif as saying that the "brutal and merciless killings" of the children in Peshawar have convinced him that the perpetrators of such crimes don't deserve any mercy. Under the constitution, Pakistan's president has the authority to pardon any convicted person. Since the moratorium was lifted, Pakistan has hanged nearly 300 on death row, most of them convicted criminals - not the Taliban or other insurgents. (source: Associated Press) *** Pakistan set to reform its Blood Money Law Pakistan is set to reform its controversial Islamic blood money laws that allow murderers to escape punishment if they are forgiven by their victim's heirs, a senior official told AFP today. Critics contend that the law, which was passed in 1990, allows the wealthy and the powerful to walk scot-free from homicide convictions either by intimidating their victim's loved ones, making them a financial offer that they cannot refuse, or both. The Qisas (retribution) and Diyat (blood money) law was famously invoked in the case of Raymond Allen Davis, a CIA contractor who shot 2 men dead in the eastern city of Lahore in 2011. The incident sparked a diplomatic furore which was only resolved when Davis was pardoned in return for a USD 2.4 million settlement with the men's families. The 2012 killing of 20-year-old Karachi student Shahzeb Khan by 2 young men who belonged to powerful political families also drew national outrage after Khan's parents pardoned the killers, reportedly due to threats. But under the proposed reforms, a pardon can only be granted if a murderer has been convicted, according to Ashtar Ausaf Ali, the special assistant to the prime minister on legal affairs. And a convicted murderer will have to face a minimum of 7 years in prison, even if they are pardoned by their victim's relatives and avoid the death penalty, Ali said. "This law has been abused," he told AFP. "This abuse was to the degree that influential and rich people would get away with murder, literally." Furthermore, a murder convict must have confessed to his crime before a trial has taken place in order to be eligible to seek such a pardon; or have been convicted on the basis of the eye-witness testimony of 2 upstanding Muslim men -- a condition that is unlikely to be fulfilled in reality. According to Ali, a pardon would no longer be enough to avert a prison term. "Forgiveness is with God. To safeguard the rights of a person is the obligation of the state." The proposed changes are likely to be tabled in parliament next month and have also received the blessing of prominent Islamic scholars, Ali added. According to "The application of Islamic criminal law in Pakistan" by scholar Tahir Wasti, Pakistan's murder conviction rate dramatically declined from 29 % in 1990 to just 12 % in 2000 after the enactment of the Qisas and Diyat law. The percentage of cases that were cancelled before they were brought to court meanwhile more than doubled in the same period as police "availed the loopholes in the new law". (source: Business Standard) BANGLADESH: Halt the Execution of Ali Ahsan Mohammad Mujaheed and Salauddin Quader Chowdhury see: http://www.amnestyusa.org/get-involved/take-action-now/bangladesh-halt-the-execution-of-ali-ahsan-mohammad-mujaheed-and-salauddin-quader-chowdhury-ua-2621 (source: Amnesty International USA) FINLAND: Minister of Justice: "I could consider the death penalty for terrorists" Finns Party MP and Minister of Justice and Labour Jari Lindstrom says he could be prepared to revoke the passports of persons taking part in terrorist activities. He told Yle on Thursday that he would even consider resorting to capital punishment. Jari Lindstrom, Minister of Justice and Labour and Finns Party MP suggested being open to harsh measures against terrorism in an Yle interview on Thursday. These measures could involve condemning terrorists to death. Lindstrom made his statements following a Europe-wide heightening of threat levels and the Paris massacre. Lindstrom's stance on capital punishment made headlines earlier this year when it came to light that he had suggested the measure for especially brutal crimes in a 2011 questionnaire for MPs. "The death penalty is one way to solve things like these, but I'm not quite sure what the proper kind of punishment would be for these situations," the Minister of
[Deathpenalty] death penalty news----worldwide
Nov. 19 RUSSIA: Take no prisoners: Head of Russian region urges tougher stance in war against terror The head of the Russian republic of Ingushetia told reporters a public debate would be unnecessary if special services were simply allowed to kill terrorists on the spot. "Upper house MPs propose canceling the moratorium on the death penalty for terrorists. I think we won't have to do this once we give special services the right to search and neutralize terrorists, who threaten the lives and safety of our citizens, the property and infrastructure of our country, wherever these terrorists are found," Yunus-Bek Yevkurov wrote on his Instagram page. "All terrorists must fall under the 'take no prisoners' rule," he added. The comment came after deputy chairman of Russia's Federation Council, Frants Klintsevich, proposed that senators bring back the death penalty in Russia because of the increased terrorism threat. New challenges have arisen since Russia started its operation against Islamic State in Syria. Earlier this month, lower house MPs said Russia should cancel the moratorium on the death penalty after the Federal Security Service confirmed the deadliest air crash in modern Russian history - the downing of the A231 jet in Sinai - was caused by a bomb blast. Russia introduced a moratorium on the death penalty in 1999 when it was seeking membership in the Council of Europe. The Constitution still allows capital punishment for especially grave crimes and after a guilty verdict has been handed down by a jury court. Russian lawmakers and top law enforcement officials have on several occasions suggested lifting the moratorium for convicted terrorists, pedophiles and people who involve children in illegal drug use. There have also been calls to apply the death penalty in large-scale corruption cases. All these initiatives have been rejected. According to an opinion poll in April, 60 % of Russian citizens wouldn't object to a reintroduction of the death penalty. This is slightly lower than last year's 66 % and significantly less than 80 % in 2001. (source: rt.com) *** Russian MPs work on petition to reinstate death penalty for terrorism The State Duma of the Russian Federation (the Parliament) is collecting signatures for a petition to the president about the need to reinstate death penalty in Russia. Many Russian MPs are convinced that in the context of the terrorist threat, the Kremlin administration may decide to reinstate death penalty, given that there are legal nuances that make it possible to lift the existent moratorium. Currently, the Russian Penal Code envisages death penalty as a punishment for especially grave crimes. In fact, Russia does not practice death penalty, because Russia signed Protocol ?6 to the European Convention on Human Rights in 1997. The document stipulated for the abolition of this form of punishment in peacetime. Noteworthy, Russian President Vladimir Putin signed a decree on the establishment of an interdepartmental commission to block financial channels of terrorists. The decree was signed after the announcement from FSB chief Alexander Bortnikov, who officially confirmed the version of the terrorist act on board the A321 jetliner that crashed over Sinai on October 31. Interestingly, the leader of the Liberal and Democratic Party of Russia, Vladimir Zhirinovsky, proposed putting captured terrorists on display in cages. "If we keep them in cages, in a museum, one can show them to students to tell them that this man has committed a terrorist act and killed people. Terrorists should see people's disdain," Zhirinovsky said. According to him, the relatives of caged terrorists would have a possibility to see them suffering. "A family may then think that there can be a terrorist growing in their family," the politician said. According to Zhirinovsky, one could take terrorists in cages from one city to another to show them to people. Death penalty is not efficient in the struggle against terrorism, Zhirinovsky said. (source: pravdareport.com) GLOBAL: ISIS Terrorist Attackers In Paris Should Face The Death Penalty! We joined the civilized and democratic world in empathizing with the people of France, following the deadly terrorist attack waged against their country by enemies of freedom. The attackers represent no religion, and their actions is reprehensible. The world should standby France and eradicate terrorism in all its form from the phase of the earth. It is our fervent belief that the earth would be a much better place to live without terrorists. Terrorists should be fought and defeated by any means necessary. Perpetrators of terrorism often used Islam as a premise to justify their senseless and barbaric killing of humanity and destruction to public property. Islam as a religion, does not advocate for violence in any form. These are misguided and ungodly
[Deathpenalty] death penalty news----GA., ALA., KY., UTAH, IDAHO, CALIF., USA
Nov. 19 GEORGIAimpending execution Georgia man convicted in woman's killing to be executed A Georgia man convicted of killing a woman he met in a nightclub is set to be executed. Marcus Ray Johnson is scheduled to die at 7 p.m. Thursday at the state prison in Jackson. The 50-year-old was convicted in the March 1994 rape and murder of Angela Sizemore in Albany. Johnson's attorneys argue he shouldn't be executed because doubts remain about his guilt. Prosecutors say there is no doubt Johnson killed Sizemore. A judge on Wednesday rejected a constitutional challenge to Johnson's sentence and conviction and declined to stop his execution. His lawyers have appealed to the state Supreme Court. The Georgia Board of Pardons and Paroles is the only entity authorized to commute a death sentence. The board held a hearing Wednesday and voted not to grant clemency. (source: Associated Press) ALABAMAnew death sentence//female Jury recommends death penalty in murder for hire plot A jury has recommended the death penalty for an east Alabama woman convicted of hiring a hit man to kill her daughter. Multiple news outlets reported Wednesday that a jury recommended the death penalty for Lisa Graham, who was convicted of paying a family friend to fatally shoot her 21-year-old daughter Stephanie Shae Graham in July 2007. Authorities have said Graham hired Kenny Walton to carry out the slaying. Walton confessed in the case and is serving a life prison sentence. Graham was convicted during a retrial. Her 1st trial was declared a mistrial because a judge's deteriorating health prevented him from hearing the whole case. (source: Associated Press) ** Jurors weighing death penalty in Alexius Foster caseAlexius Foster was found guilty of 2 counts of capital murder Monday morning at the Tuscaloosa County Courthouse. Jurors began the sentencing phase Wednesday of a man they found guilty of capital murder earlier this week. They could decide as early as today whether to recommend life without parole or death for Alexius Foster. The jury on Monday convicted Foster, 37, of capital murder in the 2013 slaying of his uncle George Foster. They also convicted him of felony murder in the death of his friend Antonio Williams. The possible death sentence is for the murder of George Foster, who was stabbed or cut more than 60 times before he bled to death in his bedroom. Tuscaloosa County Senior Deputy District Attorney Jonathan Cross told jurors Wednesday before they started deliberations that the crime was "heinous, atrocious and cruel." He asked jurors to sentence Foster to death. Foster's attorneys presented a report compiled from interviews with Foster's parents, wife and a friend. The report stated that Foster had bad parents while growing up and had been abusing drugs since 2008. "You can't help the cards that you're played, but you can help how you play them," Cross said. Foster graduated from Stillman College in 2004, where he had played baseball. "This defendant is very intelligent," Cross said. "He knew better." The jury will recommend either life in prison with no possibility of parole or the death penalty. Tuscaloosa County Circuit Court Judge John England then will make the final ruling at a sentencing hearing scheduled for Dec. 17. At least 7 jurors must agree to recommend a life sentence. At least 10 must concur to recommend the death penalty. The jury will reconvene at 9 a.m. today. (source: Tuscaloosa News) KENTUCKY: Central Kentucky grand jury issues murder indictments in police officer's shooting death A grand jury has indicted 4 co-defendants in the fatal shooting of a central Kentucky police officer and in the attempted robbery he was investigating earlier this month. A Madison County grand jury Tuesday indicted 34-year-old Raleigh Sizemore of Richmond, the man accused of shooting 33-year-old Daniel Ellis, multiple media outlets report. Sizemore faces murder, 2 counts of attempted murder and 4 other charges. Madison County Commonwealth's Attorney David Smith would not say whether he will seek the death penalty against Sizemore. Kentucky law allows the death penalty in murder cases where there is an "aggravating circumstance" such as robbery, rape or the death of a police officer. Ellis died Nov. 6, 2 days after he was ambushed and shot in the head while searching an apartment for a robbery suspect. 25-year-old Gregory Ratliff also was indicted on 4 charges, including complicity to murder. 44-year-old Rita Creech and 35-year-old Carl Banks are facing charges related to the attempted robbery earlier in the day in Richmond. Authorities said Ellis, a 7-year veteran of the department, went to Ratliff's apartment in search of Sizemore, who had hidden with Creech in the back bedroom. The indictment indicates that Sizmore was armed with a .22-caliber revolver. Police have said that
[Deathpenalty] death penalty news----worldwide
Nov. 19 KENYA: Students aim to use Innocence Project to help young KenyanBen-Hadad Kimani was convicted of murder, but many believe he is innocent When Griffith College dean of law and founding director of the Irish Innocence Project David Langwallner was teaching Liz Harpur intellectual property law and jurisprudence, he had no idea he would one day be pleading in a death penalty case in Kenya on behalf of her nephew Ben-Hadad Kimani. Kimani was 17 when he was arrested on August 29th, 2001 for a double murder in Kenya. He was convicted and sentenced to death row but has always maintained his innocence. Some time early next year, at the behest of Kimani's aunt in Dublin and the invitation of the Kenyan government - and dependent on funding - the Irish Innocence Project at Griffith College hopes to send a delegation to appear before the power of mercy advisory committee to plea on Kimani's behalf. The committee, a government body founded in 2011 and chaired by the attorney general, advises Kenyan president Uhuru Kenyatta on matters pertaining to miscarriages of justice, pardons and commutations. According to a 2014 report prepared by the committee, there were nearly 24,000 petitions received between June 2013 and July 2014 seeking presidential review, including 3,376 serving life sentences and 1,107 on death row. Openness "We are enormously grateful for this opportunity to appear before the power of mercy advisory committee in Kenya on behalf of Ben Kimani, who has been sentenced to death as a result of a murder conviction. We thank the committee for their openness and welcomeness," says Langwallner. "We respect the authority of this government advisory committee and welcome the chance to meet with its members." Kimani's case was first referred to the Irish Innocence Project in 2013 by Harpur, a Dublin resident and barrister. She sought the project's assistance after she learned from her sister during a trip to Kenya for her mother's funeral that her nephew had been sentenced to death and was imprisoned at Naivasha prison. "On July 24th, 2013, I met Ben briefly at the Kenya high court where his appeal was being heard. He was in the custody of a prison officer and was holding his own brief. There was no sign of his lawyer. He handed me the brief and said to me, 'Please, Auntie, help me !'" says Harpur. "When I returned to Ireland I got in touch with Ben's lawyer who provided me with more details of the case. We worked on some points to put forward in the appeal which had been put forward to November. Unfortunately the appeal was dismissed." Reviewing the case Harpur had contacted Langwallner about enlisting the help of the Irish Innocence Project while preparing for the appeal. Langwallner and a number of student caseworkers have been reviewing the case and consulting with Kimani's lawyers. On the night of August 29th, 2001, Kimani claims he bought a bus ticket from Buscar Company and boarded a bus at 7.30pm to travel from Nairobi to Mombasa. About that same time, 232km away in the Mtito Andei township, a small town of fewer than 5,000 people, shopkeeper Irene Ng'endo and her young son Stephen Mwaura were shot to death. Kimani claims the bus finally pulled away from the bus-stop in Nairobi at about 8.30pm and on the way to Mombasa stopped at a canteen called the Wayside in Mtito Andei for a tea break at about 11.45pm. It was there that the canteen supervisor reportedly told police that Kimani and a 2nd man were acting suspiciously and Kimani was arrested. The Irish Innocence Project was launched in September 2009 by Langwallner to investigate and overturn suspected wrongful conviction cases in Ireland. It is one of 68 projects recognised globally by the Innocence Network and 1 of 2 such projects with both law and journalism students working together on cases. It currently has 22 law and journalism students from Griffith College and Trinity College Dublin working on about 30 cases under the supervision of 12 pro-bono lawyers. The services of the project are provided free and the project was recognised as a tax-exempt charity in Ireland by the Revenue Commissioners in December 2014. While Griffith College provides an institutional home, it is otherwise self-funded. It is the only Innocence Project in Ireland. In order to fund the delegation, which will include Langwallner, along with at least one student caseworker, the Irish Innocence Project journalism interns launched a month-long crowd-funding campaign at Indiegogo with a target of raising 5,000 euros. The campaign concludes on December 7th, and the proceeds from the crowd funding campaign will be used to support the project and underwrite the expenses of the trip. "We've received incredible support from the public with previous crowd-funding campaigns," said Therese Ekevid, an Irish Innocence Project journalism caseworker. "They've helped us raise
[Deathpenalty] death penalty news----TEXAS, GA., FLA., TENN., CALIF.
Nov. 19 TEXAS: Texas 'Out of Step' With Other US States on Ending Death Penalty Texas is not following the practice of other US states to eliminate using capital punishment, advocacy group Equal Justice USA Executive Director Shari Silberstein told Sputnik. "The 6 states, including Texas, that have participated in executions this year are out of step with the growing number of states that have completely abandoned the death penalty," Silberstein said. On Wednesday, Texas put to death its 13th convicted killer this year. The killer, 36-year-old Raphael Holiday, was convicted for intentionally set fire and killed his 18-year-old daughter and 2 step sisters. "Even Texas' 13 executions this year, almost 1/2 of the national total, are down significantly from 2000, when the state executed 40 people," Silberstein noted. "The death penalty is in deep decline throughout the United States, with executions at all-time lows." More than 800 people have been executed in the United States in the past 15 years, according to the non-profit Death Penalty Information Center. The state of Texas has executed 329 people since 2000. (source: sputniknews.com) GEORGIAexecution Georgia executes Marcus Ray Johnson for 1994 murder Marcus Ray Johnson has been put to death, the 1st of 7 expected to come over the next weeks and months as issues of the state's lethal injection drug has been resolved and death penalty cases complete the usual round of appeals. The appointed time of his death was 7 p.m., but actual execution almost never comes until hours later, after all the courts have reviewed last-minute appeals and decided. He was pronounced dead at 10:11 p.m. Johnson visited with 3 paralegals, an attorney, 2 investigators, 1 friend and 5 family members until around 3 p.m., and then was moved to a holding cell just a few steps from the death chamber. He declined to make a recorded final statement. Johnson, 50, had asked for a 6-pack of beer for his last meal but that request was turned down because, the Department of Corrections said, alcohol is "contraband" inside a prison. Instead, Johnson settled for the same meal served to the rest of the inmates at the Georgia Diagnostic and Classification Prison about 50 miles south of Atlanta. But he did not eat his dinner. Outside the prison, death penalty opponents gathered at the edge of the prison property and about a mile from the building that houses the execution chamber. They prayed as they waited on final word. Wednesday night the state Board of Pardons and Paroles denied Johnson's request for clemency and court after court on Thursday also rejected his appeals, in which he claimed he was innocent of murdering Angela Sizemore. Johnson and Sizemore met at an Albany bar called Fundamentals shortly after midnight on March 24, 1994. They drank, danced and kissed before leaving for a nearby empty lot where they had sex. Johnson told police he remembered little because he had drank so much tequila, but he did recall punching Sizemore because she wanted to cuddle. He insisted, however, that she was alive when he left her sitting in the field, crying. Her body was found around 8 a.m. inside her SUV, which was parked behind an apartment complex on the other side of town from the bar. She had been stabbed 41 times. Johnson's lawyers said there was little physical evidence connecting the 2 - a drop of her blood on his jacket (which Johnson said got on him when he punched Sizemore) and the remnants of their sexual relations. His lawyer said there would have been copious amounts of blood on his clothes if he had stabbed her, and his fingerprints and other DNA would have been inside her SUV if he had driven it across town. He also challenged the eyewitnesses who said they saw him in the neighborhood where Sizemore's Suburban was found. The Parole Board, as is its practice, did not give a reason for denying Johnson's clemency request, writing in the order only that the 5 members had "thoroughly and painstakingly reviewed and considered all of the facts and circumstances of the offender and his offense, the clemency application, argument, testimony and opinion in support of and against clemency." The courts turned down his appeals on the basis that his arguments had been heard before and were not new. Johnson becomes the 4th condemned inmate put to death in Georgia this year and the 59th overall since the state resumed capital punishment in 1983. Johnson becomes the 27th and final condemned inmate to be put to death this year in the USA, and the 1,421st overall since the nation resumed executions on January 17, 1977. The 27 executions continues a downward trend in the USA since 2010, and represents the fewest amount of executions in the USA since 1991, when the nation carried out 14 executions. The next scheduled execution in the US is set for January 20, 2016, in Texas. (sources: Atlanta
