[Deathpenalty] death penalty news----OHIO, IND., MO.
April 7 OHIO: Convicted serial killer Sowell wants Ohio Supreme Court to reconsider death sentence An attorney for a convicted serial killer in Cleveland urged the state's high court to remand the case for further legal proceedings, arguing errors in the deliberations that lead to Anthony Sowell's death sentence in the grisly murders of 11 women. The Ohio Supreme Court must decide whether to send the case back for a new suppression hearing or whether other claims merit reconsideration of Sowell's capital sentence. "We have raised a total of 21 propositions of law in this case, 18 in the original briefing and three pursuant to the order of this court/," Jeffrey Gamso, an assistant public defender representing Sowell, told justices April 5. But prosecutors argued that the case is clear cut, with ample evidence to convict and confirm the death penalty. "This case involves the aggravated murders of 11 innocent women," said Assistance Cuyahoga County Prosecutor Christopher Schroeder. "He lured them to his house with the promises of drugs and alcohol. He kidnapped them. When their bodies were recovered, their were bindings still around their wrists and their ankles, sometimes around their necks." (source: Twinsburg Bulletin) INDIANA: DA seeks to block insanity defense Prosecutors are seeking to bar a survivalist from using a possible insanity defense at his trial over the ambush shooting death of a state police trooper outside a rural barracks. Eric Frein is charged in northeastern Pike County with the September 2014 shooting that killed Cpl. Bryon Dickson and seriously wounding Trooper Alex Douglass outside the Blooming Grove barracks. Frein was arrested about 30 miles away after a 48-day manhunt. District Attorney Ray Tonkin filed a motion Friday saying defense attorneys are required by state law to notify prosecutors in advance if they plan to use a defense of insanity or mental infirmity. He said such notice needs to be filed at the time of pretrial motions so prosecutors can seek an independent examination of the defendant. Tonkin said defense attorneys, who filed several pretrial motions in February and March, should be barred from presenting such a defense. Defense attorney William Ruzzo told The Times-Tribune newspaper in Scranton on Monday that the defense is still consulting with a psychiatric expert and will file notice if appropriate once that consultation is complete. The defense has asked the judge to move the trial or bring in a jury from another county due to extensive pretrial publicity about the case. Attorneys also seek to bar prosecutors from using statements Frein made to police following his arrest. Frein was captured by U.S. marshals near an abandoned airplane hangar, ending a manhunt that had rattled the nerves of area residents. The quiet takedown of Frein, who kneeled and put his hands up when marshals approached him, ended weeks of tension and turmoil in the area, as authorities at times closed schools, canceled outdoor events and blockaded roads to pursue him. Residents grew weary of hearing helicopters overhead, while small businesses suffered mounting losses and town supervisors canceled a popular Halloween parade. Frein has pleaded not guilty. Prosecutors are seeking the death penalty. (source: Associated Press) MISSOURI: Missouri lethal injection under scrutiny The Missouri department of corrections (DOC) has been ordered to release two pharmacy names from where it purchases the lethal drugs used in execution. Final judgements laid down by the circuit court of Cole County criticize Missouri prisons for not rightfully informing the public about their way of conducting the death penalty. According to the Death Penalty Information Center, Missouri has executed 18 men since 2013 using the drug pentobarbital through an unknown source. These sources are thought to be by the press as compounding pharmacies where organization make drugs specifically to tailor the needs of a client. Those pharmacies are not held to the same processes and testing standards of other larger pharmaceutical companies. A lawsuit filed in 2014 by media organizations including The Associated Press, Kansas City Star and St. Louis Post-Dispatch argued that public disclosure of purchasing records reduce risks over the way "improper, ineffective or defectively prepared drugs are used." Judge Jon Beetem ruled in favor of the organizations, notably marking where the DOC had "knowingly violated the Sunshine law by refusing to disclose records that would reveal the suppliers of lethal injection drugs, because its refusal was based on an interpretation of Missouri statutes that was clearly contrary to law." Beestem ruled that correspondent drug-providing pharmacies were not protected in the same way as execution team members' identities. The Guardian was represented in the legal action by the Media
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA., MISS., LA.
April 7 TEXAS: Executions under Greg Abbott, Jan. 21, 2015-present19 Executions in Texas: Dec. 7, 1982present-537 Abbott#scheduled execution date-nameTx. # 20-June 2---Charles Flores538 21-June 21--Robert Roberson---539 22-July 14--Perry Williams540 23-August 23Robert Pruett-541 24-August 31Rolando Ruiz--542 25-September 4-Robert Jennings---543 26-October 19---Terry Edwards-544 (sources: TDCJ & Rick Halperin) PENNSYLVANIA: DA seeks to bar insanity defense in trooper ambush caseThe latest of many pretrial motions says Eric Frein's lawyers did not tell prosecutors about insanity plan Pike County District Attorney Ray Tonkin wants to bar attorneys for accused trooper killer Eric Matthew Frein from presenting an insanity defense. Tonkin's motion, filed April 1, states that under state law, a defendant who intends to claim insanity or mental infirmity must advise prosecutors the claim will be raised. "If a defendant in a criminal case seeks to use a mental health defense, they are required to file notice, and then the prosecution has an opportunity to have the defendant examined by an expert," Tonkin said. "Without the proper notice being filed, the prosecution is not able to have the defendant examined by another expert." The time frame for filing pretrial motions is 30 days, Tonkin said. In this case, the defense received several extensions. Frein's attorneys, William Ruzzo and Michael Weinstein, filed several pretrial motions in February and March, but have yet to file notice of an insanity defense. Ruzzo and Weinstein did not return a call for comment. According to Tonkin's motion, any evidence of insanity or mental retardation should be excluded because the 30-day time frame ended in February. Frein's attorneys have yet to file notice of an intent to use an insanity defense. Miranda violation alleged Frein, 32, of Canadensis, is charged with killing Cpl. Bryon K. Dickson II of Dunmore and seriously wounding Trooper Alex T. Douglass of Olyphant during an ambush on Sept. 12, 2014, outside the Blooming Grove barracks. After a 48-day manhunt that stretched across Pike and Monroe counties and involved hundreds of local, state and federal officials, authorities captured Frein on Oct. 30, 2014. Frein is charged with 1st-degree murder of a law-enforcement officer, criminal attempt to commit 1st-degree murder of a law-enforcement officer, terrorism and threatening to use weapons of mass destruction, among other charges. Frein pleaded not guilty and is being held in the Pike County Correctional Facility without bail. Tonkin is seeking the death penalty. On March 15, attorneys Ruzzo and Weinstein filed a motion asking Judge Gregory Chelak, who is presiding over the case, to move the trial out of Pike County or bring in a jury from another county due to the extensive pretrial publicity in the case. Frein's attorneys also filed motions on Feb. 17, asking the judge to suppress statements Frein made to police following his arrest. According to Frein's attorneys, police violated Frein's Miranda rights against self-incrimination when they continued to question him after he refused to sign a waiver of his rights and told officers he did not want to discuss "any crime." This was after Frein informed police of where he had stashed some rifles while on the run. A motion challenging the constitutionality of the death penalty was also filed by Frein's attorneys. Judge Chelak will take the defense and prosecution motions under advisement and issue a ruling at a later date. According to Tonkin, the hearing on the motions to suppress statements made by Frein to police following his arrest and the constitutionality of the death penalty is scheduled for April 19. The hearing on the change of venue/venire motion is scheduled for June 3, Tonkin said. Also, a May court date is expected, but according to Tonkin, that date is likely to change. (source: pikecountycourier.com) GEORGIA: New Play ABout Troy Davis Shows Both Sides"Beyond Reasonable Doubt: The Troy Davis Project" examines both sides of this controversial death penalty case. A new play opening Friday at Synchonicity Theatre provides an unusual take on the Troy Davis death penalty case, which gained international attention in 2011. "Beyond Reasonable Doubt: The Troy Davis Project" presents directly conflicting opinions of the case equally. One act points to his guilt, while the other act points to his innocence. "A lot of times, audience members are told what to believe, and I think that's a very easy position to take," said playwright Lee Nowell. "But I think audience members are smart enough to make their own
[Deathpenalty] death penalty news----worldwide
April 7 NORTH KOREA: N. Korea is one of 11 nations with record of executions for past 5 yrs The nongovernmental human rights group, Amnesty International (AI), has listed North Korea as 1 of 11 countries that have carried out executions for the past 5 years, a U.S. media report said Thursday. AI said in its annual report released a day earlier that information on North Korea cannot be verified on its own, but reports have shown that North Korea has carried out capital punishment on various crimes, according to the Washington-based Voice of America (VOA). The report said the purging of North Korea's former defense chief Hyon Yong-chol and ex-vice premier Choe Yong-gun are examples of the country executing its people, the report said. The North Korean government's use of execution is excessive, especially over crimes that do not deserve capital punishment under the international law, one AI official was quoted as telling the VOA. The court process leading to a death penalty is also very unfair, the official said, calling on the communist country to stop the practice of executions. The official added that North Korea's executions are only the tip of the iceberg in terms of other serious human rights violations perpetuated by the government. (source: Yonhap News) INDIA: Perarivalan planning book against death penaltySays last 25 years in prison have been horrible and painful After penning his experiences as a death row convict in a book, An Appeal from the Death Row (Rajiv Murder Case - The Truth Speaks) in 2008, A.G. Perarivalan alias Arivu, is looking forward to document his views against the death penalty. In his written reply to questions posed by The Hindu through his lawyers, Perarivalan, now a life convict in the Rajiv Gandhi assassination case, said, "I have a definite idea to write a book on my experience about how death penalty is wrong. The book may be in documentation form or novel form." Whatever be the form of the book, the 44-year-old prisoner is certain that it would "shake the conscience of persons" who think death penalty is the only solution to tackle most of the crimes. Describing the last 25 years in prison as "horrible and painful," he said, "It is not a prisoner's or a convict's pain. It is more than that - the pain of an innocent." For quite sometime now, Perarivalan, who is lodged in the Vellore Central Prison for Men, has been undergoing treatment including for high blood pressure, orthopaedic and urological problems. Mental stress "Now, I am taking medicines for health reasons. But I do not know what medicine I have to take other than freedom to cure my mental stress," he added. Perarivalan has completed BCA and MCA from Indira Gandhi National Open University and a number of certificate courses from the prison. He disagreed that the State government's letter to the Centre on March 2 seeking its views on the release of the 7 convicts was with the elections in mind. "There is no 2nd opinion that seeking the view of the Union government before our release is the best possible solution," he noted. (source: The Hindu) CHINA: Beijing Says AI Death Penalty Report Is Biased against China The Chinese government said Amnesty International has "biased opinions" on China and refused to comment on its death penalty report released on Wednesday, which estimates that "thousands" were executed in China last year. Asked at a press conference about the AI report, spokesperson of the Chinese foreign ministry Lu Kang refused to comment and said AI tends to have biased opinions on China. According to the human rights organization, the number of death penalty executions in 2015 at 1,634 were the highest in 25 years. The global rise in the figure was attributed to 3 countries - Saudi Arabia, Iran and Pakistan - who were responsible for 89 % of all the executions carried out in 2015, excluding China. Data from the world's 2nd largest economy were not included as China considers this information to be a "State secret," although the AI report notes that "thousands of executions" were carried out in the Chinese territory. AI Hong Kong's William Nee told EFE, AI asks governments across the world for information on capital punishment to prepare the report, and a "majority" responds to the request in "a professional manner." "It is not a complicated task. It is completely hypocritical that China calls our report biased when it refuses to give us information and continues treating capital punishment figures as a State secret," he denounced. Despite the lack of transparency, he said AI has "no doubt" that China is in top spot as the country with the highest number of executions in the world. (source: Latin American Herald Tribune) BANGLADESH: 197 got death penalty in BD last year: AI Bangladesh ranked the 3rd after China and Egypt among countries of the world in awarding death
[Deathpenalty] death penalty news----worldwide
April 7 NIGERIA: AI Calls for Abolition of Death Sentence in Nigeria Amnesty International (AI) has called for the abolition of death sentence in Nigeria and all over the world, saying that there has been a 50 % increase in the number of executions globally. The Director of AI in Nigeria, Amb. Mohammed Ibrahim, made this call on Wednesday in Abuja during a media briefing on their latest report titled: "Death Penalty 2015: Facts and Figures". He said that Nigeria is among the 58 retentionist countries, whose constitution still upheld death penalty for ordinary crimes. He said that the AI has been leading the campaign against death penalty in Nigeria and all over the world, advocating it that it be expunged from the constitution. He however clarified that even though Nigeria has not publicly executed any criminal for the last 10 years, there are many Nigerians are being hurled up in congested prisons on deathrow waiting endlessly for execution. But Mr. Thankgod Ebose, a victims who was in deathrow for 27 years and was lucky to escape alive, gave account of secret killings in the Nigerian Prisons. Ebose recounted how he was imprisoned at the age of 19 over firearms incident and was to be executed by firing squad. He noted how an argument over the mode of his execution saved his life, having been in line after 4 of his deathrow inmates have been executed by hanging. He also disclosed that he was among the lucky few to have escaped the pangs of death and to air of freedom, saying, "there are many innocent Nigerians in jail". "The Sherrif argued that I was to be executed by firing squad and not by hanging and that was how Amnesty International took up my case to the governor who later ordered that I be freed," he narrated. "I don't have much to say but support the Amnesty International so that death sentence will be cancelled. Do you know that there are people who did not commit offence have been executed. They convicted innocent persons. "I still think I am dreaming, but I pray if its a dream let us then remain in the night. My execution, which suppose to take place in 2013 was a miracle because then I appealed to Amnesty International to help me and they took up my case and I was freed. After releasing me, they also helped me in business and life," he said. Against this backdrop, the AIN Director has called on the Federal government to not just abolish the death penalty but to also revamp the criminal laws, which seems to protect the rich but easily punish the poor. Ibrahim also warned against killings of Nigerians engaged in peaceful protest, saying that it is against the law. "If anybody is killed in the time of peaceful process or peaceful assembly is unlawful and we are investigating the issues across the country," he said. (source: This Day) *** Why we can't execute Boko Haram convicts The Attorney General of the Federation, Mallam Abubakar Malami, said yesterday that convicted members of the Boko Haram sect in the country could not be executed because the laws under which they were tried did not prescribe death sentence. He disclosed this at the launch of Amnesty's report on Global Death Sentences and Executions 2015, in Abuja, yesterday. The attorney-general, who was represented by Sylvester Imahanobe, also promised to work with Amnesty International to stop executition of convicted criminals in the country, if the international human rights body proposed a bill to that effect. He said: "Terrorists in Nigeria are tried under the Terrorism Prevention Act which does not carry death penalty. That is why even those Boko Haram members, who have been convicted cannot be executed because the maximum sentence prescribed by the law is life sentence." The AGF said he would be pleased to support any bill that came from Amnesty International on the abolition of death sentence in the country, pointing out that "studies have shown that death penalty has not stopped people from committing crimes." Malami revealed that the country was working towards ensuring that the prison system was corrective and not punitive, as it is currently. Earlier in his remarks, the Country Director of Amnesty International, Mohammed Ibrahim, said there was a "dramatic global rise in the number of executions recorded in 2015 which saw more people put to death than at any point in the last quarter-century." He said the surge was largely fuelled by Iran, Pakistan and Saudi Arabia, which brought the number of people executed worldwide to 1,634 people, a rise of more than 50 % on the year before and the highest number Amnesty International had recorded since 1989. (source: vanguardngr.com) EGYPT: Mubarak trial adjourned again, Egyptians impatient The much awaited trial of Egypt's former president Hosni Mubarak scheduled for Thursday was for the fourth time adjourned due to security concerns. The retrial was adjourned
[Deathpenalty] death penalty news----TEXAS, N.C., GA., MISS., LA., CALIF.
April 7 TEXAS: A Texas man is due to die because he's black Duane Buck was convicted in 1997 of murdering his ex-girlfriend and a male friend. After a Texas jury determined that he was likely to pose a continuing danger to society, it sentenced him to death. How did the jury conclude that he posed a future threat (a finding that state law requires as a condition for imposing the death penalty)? Simple: Buck is black and, according to a psychologist who testified at the sentencing hearing, race is one of a number of "statistical factors" that can be used to predict whether a person will reoffend in the future. But it's simply untrue that an individual's race is a reliable indicator of his future danger to society; when you adjust for other risk factors, such as prior convictions, age, unemployment and education, race plays an insignificant role if any in predicting an offender's future. 5 other men sentenced to death based in part on similar testimony by the same psychologist were granted fresh sentencing hearings. But Buck's original death sentence still stands. Why? Because his lawyers violated court procedures when they filed his appeal. Buck's current lawyers argue that Buck's problems began when his trial attorney (who they say was incompetent) called psychologist Walter Quijano as a witness, and then failed to object to the highly questionable testimony. A different lawyer subsequently appealed Buck's conviction, but didn't raise the issue of race or Quijano's theory. The state of Texas later acknowledged that similar testimony by Quijano in an unrelated trial was unconstitutional, but when it agreed to new sentencing hearings for the similarly situated defendants, it did not do so for Buck. His lawyers filed an appeal, but the courts ruled that because the original appeal didn't include the race issue, Buck couldn't now introduce it in a late stage of the legal process. No one involved in the case suggests that Buck was wrongfully convicted. But it is morally unacceptable to put a man to death for a procedural mistake (such as missing a simple filing deadline or, as in this case, for his lawyers' incompetence). The state of Texas agrees that unconstitutional testimony was introduced at the trial, but has argued that the testimony and the caliber of Buck's legal counsel don't constitute the kind of "extraordinary circumstances" under which Buck would be allowed to proceed. That's an unacceptable answer. A man was sentenced to death at least in part because of his race - a violation of his constitutional rights - and is now being denied the ability to challenge that miscarriage of justice because of bad counsel and a procedural technicality. If those don't constitute "extraordinary circumstances," then what does? Buck has asked the Supreme Court to let him pursue his appeal. The court, which is expected to decide later this month whether to hear his case, should grant him a hearing to ensure that adherence to process doesn't trump justice and common sense. (source: Editorial, Los Angeles Times) NORTH CAROLINA: Antwan Anthony likely to be on death row for decades After receiving the death penalty for the murders of 3 people in Pitt County, Antwan Anthony is now back at Central Prison in Raleigh and now on death row. Anthony is the 154th person awaiting execution, but with no scheduled executions on the calendar due to several cases challenging the execution process in North Carolina, it could be decades before Anthony's sentence is carried out. Pitt County Assistant District Attorney Caroline Lawler says, "Even when the state is actively executing people on death row the appeals process can last 10 15, 20 even longer so it will be a long process. " A process that started Tuesday with the defense asking for an appeal. Lawler says, "They'll start the ball rolling on that. They'll request transcripts of everything we did with a fine tooth comb and from jury selection to pre-trial motions to the sentencing phase and you'll be able appeal and they'll appeal on different levels from federal courts." Anthony is currently serving a minimum of 51 years in prison for a double murder in Edgecombe County where he was convicted of killing 2 people 3 weeks before the triple murder in Pitt County. According to the statute he will not need to finish that sentence before facing the death penalty. Lawler says, "Once all his appeals are exhausted, the court says no more, the attorney general then certifies to the warden at Central Prison within 90 days of his appeal running." But that's only if the state has resumed executions by that time. The last execution in our state was in 2006 after the humanity of lethal injection came into question. In 2015, the Restoring Proper Justice Act was signed into law, allowing for non-physicians to carry out executions and the contents of the lethal injections to be withheld.
