[Deathpenalty] death penalty news----worldwide

2016-05-18 Thread Rick Halperin





May 18



INDONESIA:

Human Rights Watchdog Calls for End to Capital Punishment


As preparations for the third round of executions continue on Nusakambangan 
Island near Cilacap, Central Java, human rights activists and legal academics 
have criticized Indonesia's continued use of capital punishment.


Respublica Political Institute executive director Benny Sabdo said the death 
penalty is a violation of human rights, inhumane and ineffective as a form of 
punishment.


"The death sentence still applies in the United States, but violent crime rates 
are still high there. Meanwhile in Canada, where capital punishment has been 
abolished, crime rates have receded," the law professor said on Wednesday 
(18/05).


Benny believes capital punishment equals man playing God.

"Punishments for crime should not violate basic human rights, and should not 
degrade human dignity in any way," said the professor, who also believes that 
the death penalty does not serve as a deterrent to crime.


According to Amnesty International, Indonesia is 1 of 37 United Nations member 
states that continue to use the death penalty in law and practice, while 102 
have completely abolished it for all crimes.


The University of Indonesia constitutional law alumni emphasized that death row 
inmates are not objects and therefore still entitled to basic human rights. He 
added that Indonesia must be consistent in enforcing human rights for all.


Besides Indonesians, citizens of China, Nigeria and Zimbabwe are expected to be 
on the list of inmates facing the firing squad in the third round of 
executions.


(source: Jakarta Globe)

**

Indonesia strives to avoid media frenzy over drug executions


While Indonesia prepares to execute 15 prisoners convicted of drug offences, it 
seems the government is keen to avoid the media attention that surrounded 
executions last year. 5 Indonesians, 1 Pakistani, 4 Chinese, 2 Senegalese, 2 
Nigerians and 1 Zimbabwean are due to face a firing squad this month, according 
to local media.


Speaking to Southeast Asia Globe, Indonesian lawyer Ricky Gunawan, who 
represented one of the convicts executed last year, said the death sentences 
were likely to be carried out soon.


"Lots of government officials have said that they want to avoid the hysteria 
and media frenzy and spotlight on Indonesia," Gunawan added.


Indonesia's chief security minister, Luhut Pandjaitan, appeared to confirm this 
when he recently told journalists that "the executions can take place any time, 
but there will not be a 'soap opera' about it this time".


14 prisoners were executed in 2015, all but 2 of them foreign nationals. They 
included Australian citizens Andrew Chan and Myuran Sukumaran, members of the 
so-called Bali 9, and Brazilian Rodrigo Gularte. Philippine national Mary Jane 
Veloso was given a last-minute reprieve but remains on death row. All these 
cases were followed closely in their home countries and further afield. 
Notably, of this year's batch of 10 foreigners, 7 are from countries that also 
employ the death penalty.


Last week, the Anti-Death Penalty Civil Society Coalition, a group of 16 
Indonesian NGOs, held a press conference to decry the executions, saying they 
were not the solution to address drug crime in their country.


The head of the Indonesian Drug Victim Advocacy Brotherhood (PKNI), Totok 
Yulianto, said the number of drug convicts has been rising, despite two rounds 
of executions last year. 6 people were executed in January and 8 more in April 
2015.


According to PKNI, nearly 62,000 prisoners were incarcerated for drug-related 
crimes in October 2014, and by February this year the number stood at 69,662. 
This meant that almost 40% of all prisoners were in jail for narcotics 
offences.


"Even though the government had carried out executions in January and April. 
This shows that the death penalty does not create a deterrent effect. This is 
data from the directorate general of corrections," the Jakarta Post reported 
Yulianto as saying last week.


In April, the UN's General Assembly Special Session (UNGASS) on the global drug 
problem. Indonesia delivered a statement in defence of retaining the death 
penalty, on behalf of a coalition comprising China, Singapore and Malaysia, 
among others.


A statement released by PKNI on Monday said that the lack of fair trials in 
Indonesia is another reason why the use of death penalty should be reviewed. 
They pointed to the use of torture to extract confessions and a lack of 
adequate legal representation for those without the resources.


(source: Southeast Asia Globe)

***

A year on, Indonesia gears up for executions again


Only a year after the execution of Australians Myuran Sukumaran and Andrew 
Chan, Indonesia is gearing up for another round of executions. Determined to 
keep it low profile, Indonesian authorities are remaining tight-lipped about 
the condemned.


If Indonesia has learnt anything from 

[Deathpenalty] death penalty news----worldwide

2016-05-18 Thread Rick Halperin






May 18



LEBANON:

106 handed down death penalty in Lebanon over Arsal clashes


A Lebanese military judge has sentenced 106 men to death over the 2014 clashes 
between the army and terrorists in the country's northeast near the border with 
conflict-ridden Syria.


A judicial source said Judge Najat Abou Chakra convicted 73 Syrians, 32 
Lebanese and one Palestinian of belonging to terrorist groups and attacking the 
town of Arsal.


They were also indicted for "carrying out terrorist acts, killing and 
attempting to kill a number of soldiers from the Lebanese Army, Internal 
Security Forces and civilians, kidnapping several servicemen, burning and 
looting military posts and vehicles, causing insecurity and sowing sectarian 
strife."


According to the judge, the militants planned killing all those aged over 15 
who sought to resist them.


Among those convicted, 77 are in custody but the remaining 29 are at large.

The suspects include Jamal Hussain Zainieh, also known as Abu Malek al-Talli, 
who is the al-Nusra Front terrorist group's leader in Syria's Qalamoun region.


Lebanon is suffering from the spillover of militancy in neighboring Syria, 
where foreign-backed extremists have been fighting government forces since 
2011.


Daesh and al-Nusra Front, which is the Syrian branch of al-Qaeda, have been 
active on the outskirts of Arsal.


The militants briefly overran Arsal in August 2014, taking about 30 Lebanese 
army and police forces hostage, some of whom were executed.


After lengthy negotiations, 16 of the captives were released last December as 
part of a prisoner swap deal.


Assisting Syrian army forces, fighters with the Lebanese Hezbollah resistance 
movement have thwarted several terrorist attacks.


(source: Presstv)






ISRAEL:

Report: Liberman turned down Defense Minister offerYisrael Beytenu head 
rejects position, promise of death penalty for terrorists; says current gov't 
not really right-wing.



Prime Minister Binyamin Netanyahu recently offered Yisrael Beytenu chairman 
Avigdor Liberman the Defense Minister position, Channel 10 reports Tuesday, if 
his party joined the coalition.


Nertanyahu also offered Liberman a commitment to uphold a "death penalty for 
terrorists" policy Liberman has championed for years.


But Liberman evidently turned him down.

A senior Likud source told Arutz Sheva late Tuesday that the move was due to 
Netanyahu's beliefs that "a broad government can better cope with political, 
security, and economic challenges." Currently, the coalition is teetering with 
a treacherous 61 MKs - a majority of just one in the 120-seat Knesset.


But Yisrael Beytenu sources rejected this claim, saying that Netanyahu 
continues to deceive voters about his promises of a right-wing government, even 
more so since Netanyahu has entered serious talks with jis political nemesis 
Yitzhak Herzog (Zionist Union) about a unity government.


"Since the elections, Yisrael Beytenu demands the establishment of a genuine 
national government - which overthrows the Hamas regime in Gaza, builds up 
Ariel and Ma'aleh Adumim, and void [Joint List MKs] Ayman Odeh and Hanin Zoabi 
from running for the Knesset," Yisrael Beytenu sources fired.


Polls Monday showed that a vast majority of Israelis are opposed to a unity 
government, with Zionist Union voters in particular outraged over the proposal.


If elections were held today, Liberman's party would gain three additional 
seats as Likud would lose several, two separate studies have indicated - most 
likely due to voter frustration over a string of stalled promises from 
Netanyahu. Jewish Home, the Knesset's other right-wing party, would also stand 
to gain several seats, the projections show.


(source: Israel National News)






IRANexecutions

Iran regime steps up executions; 21 hanged in 48 hours


Iran's fundamentalist regime has sharply increased its rate of executions, 
carrying out at least 21 hangings in a 48-hour period this week.


2 men were hanged earlier on Wednesday in the Central Prison of Urmia 
(Orumieh), north-west Iran. They were identified as Dariyoush Farajzadeh and 
Ghafour Qaderzadeh.


Another 2 men were hanged on Wednesday in a prison in Yasuj, central Iran, 
according to Mehrdad Karami, the regime's prosecutor in the city. The men, 
whose names were not given, were 26 and 34 years old, he said.


A man, only identified by his initials S. R., 31, was hanged on Wednesday in a 
prison in Sari, northern Iran, according to the regime's judiciary in 
Mazandaran Province.


The state broadcaster IRIB, quoting the regime's judiciary in Yazd Province, 
central Iran, announced on its website that 8 prisoners were hanged in the 
province on Tuesday. The regime's Prosecutor in Yazd Province had earlier told 
the state-run Rokna news agency that 6 people had been hanged in the province 
on Tuesday.


A separate report from Isfahan, central Iran, said that a prisoner was hanged 
in the city's notorious 

[Deathpenalty] death penalty news----IDAHO, ARIZ., CALIF., ORE, USA, US MIL.

2016-05-18 Thread Rick Halperin






May 18



IDAHO:

A change of heart regarding death penalty


Recently your paper ran an article regarding David Card and his ability to 
avoid execution of the death sentence imposed because of his involvement in the 
deliberate and premeditated murder of Mr. and Mrs. Morey.


The murder was perhaps as heinous a crime as occurred during my tenure as 
Canyon County prosecuting attorney. During that period, 11 death sentences were 
handed down. None of the 11 sentences have been carried out.


I do not expect any death sentence to be carried out in Idaho, even though we 
have a death statute on the books.


As long as the Idaho Supreme Court and the 9th Circuit Court of Appeals remain 
as is, no sentence of death in Idaho will be permitted to be carried out. 
Because of that reality, my position on the death penalty has changed and I no 
longer support imposition of a death sentence in Idaho.


A life sentence without parole is the most we can hope for. You see a number of 
those who were sentenced to death during my tenure as prosecutor are no longer 
even in the penitentiary.


Judge Lodge with regard to Card, because of allegations that Card was mentally 
disturbed, imposed a hold on his execution, but the hold was to be reviewed 
every 6 months to determine if there was any change in his mental condition 
which would warrant imposition of the sentence.


Card has been diagnosed with paranoid schizophrenia. That condition is 
treatable with medication, but the policy of IDOC is not to involuntarily 
administer medication unless the inmate is gravely disabled, unable to care for 
his personal needs.


Card is not gravely disabled. So Card does not have to take the medication, 
thereby maintaining the status quo of his mental disability and consequentially 
avoiding imposition of the death sentence. Something about that makes no sense 
at all, and Terry Morey's quest for justice goes begging.


Judge Lodge used to say to every defendant he placed on probation that he (the 
defendant) carried the "keys to the jail in his pocket." If he violated 
probation, he would go to jail. Here, Card carries the keys to his execution in 
his pocket by not taking the medication that would treat his mental problem and 
hence his execution.


(source: Guest Commentary, Richard Harris; Idaho Press-Tribune)






ARIZONA:

Rector trial likely to be moved to 2017


The murder trial for a Bullhead City man facing the death penalty for allegedly 
murdering a young girl will likely be postponed until next spring.


Justin James Rector, 27, is charged with 1st-degree murder, kidnapping, child 
abuse and abandonment of a dead body for kidnapping and murdering of Isabella 
Grogan.


Cannella on Sept. 2, 2014 and leaving her body in a shallow grave near her 
Bullhead City home.


Documents filed Tuesday show that Superior Court Judge Lee Jantzen has received 
the prosecutor's response to a motion from Gerald Gavin, Rector's attorney, to 
disclose 2 state witnesses. The judge previously granted Gavin's motion and 
redacted and sealed the motions not to reveal the identity of the witnesses for 
their protection.


Deputy Mohave County Attorney Greg McPhillips also filed a motion Tuesday not 
opposing Gavin's request to postpone the Oct. 17 trial. The murder trial is 
expected to take 10 weeks. A pre-trial hearing currently set for Aug. 23 is 
also expected to be delayed. Rector's next hearing is set for July 15.


The reason for the delay is that Rector's case requires 2 death 
penalty-qualified attorneys. A co-counsel has been appointed but will not be 
available until June 25 after he or she completes the necessary training 
required to handle a death penalty case. It will take at least 6 months after a 
co-counsel makes his or her 1st appearance for Rector's trial to take place, 
Gavin argued.


A Chronis hearing is also expected at the July 15 hearing. A Chronis hearing is 
when the prosecutor argues aggravating factors to seek the death penalty 
against Rector. Only 1 of 14 aggravated factors needs to be proven to seek the 
death penalty. 1 aggravating factor is if the victim is under the age of 15. 
Bella was only 8 years old at the time of her murder.


(source: Mohave Valley Daily News)

*

Gov. Doug Ducey signs legislation to expand Arizona Supreme Court


Gov. Doug Ducey signed legislation Wednesday to expand the state Supreme Court 
to 7 justices from 5, saying the additional judges will allow the court to take 
on more cases and ensure "swift justice."


Ducey's approval of House Bill 2537 will cost the state an additional $1 
million and came despite objections from Chief Justice Scott Bales, who earlier 
this month asked the Republican governor to veto the legislation. In that 
letter, Bales wrote additional judges are not needed and expansion "is not 
warranted when other court-related needs are underfunded."


Ducey will have the final say on the 2 new justices; in January, he appointed 
Clint 

[Deathpenalty] death penalty news----ARK., MO., KAN., NEB.

2016-05-18 Thread Rick Halperin




May 18



ARKANSAS:

Allen pleads not guilty to capital murder


Cody Allen, 23, of Mountain Home, appeared in Marion County Circuit Court 
Wednesday morning and pleaded not guilty charges in connection with the death 
of Alithia Boyd, a Marion County toddler who died on May 6.


Allen - who is currently being held in the Arkansas Department of Corrections' 
Ouachita Unit on a parole violation - faces life in prison or the death penalty 
if convicted of the crime.


Initially, Allen had faced the Class Y felony of first-degree battery. A Class 
Y felony is the most serious charge a person face in Arkansas, short of a 
capital murder charge.


Last week, Prosecuting Attorney David Ethredge said Allen's criminal history as 
an habitual offender and the facts of the case, allowed prosecutors to seek the 
capital murder charge. The prosecutor noted Allen has twice been convicted of 
felonies in the past 10 years, qualifying him for habitual offender status.


According to the Department of Corrections website, Allen was sentenced to 60 
months in prison on charges of residential burglary, breaking and entering, and 
theft of property in 2014.


The Bulletin will have more on Allen's appearance throughout the day.

(source: Baxter Bulletin)






MISSOURI:

Appeals Court hears arguments on Missouri's lethal injection protocol


An attorney argued before the Missouri Court of Appeals that taxpayers should 
have legal standing to challenge the state's procedures for obtaining drugs for 
lethal injections.


Justin Gelfand, representing 2 former state lawmakers and 2 other citizens, 
argued a lawsuit appeal on Wednesday. The lawsuit alleges the state violates 
federal and state laws by using an illegal prescription to obtain pentobarbital 
from a compounding pharmacy for the executions. The lawsuit does not challenge 
the death penalty, only practices used to obtain the drugs.


A Cole County judge dismissed the lawsuit in July 2015. Part of the judge's 
ruling says taxpayers do not have standing to challenge Department of 
Corrections operations and the Missouri Supreme Court has jurisdiction in death 
penalty-related lawsuits.


Appeals court panels never say how long they will take to issue a ruling.

(source: Associated Press)



Our challenge to Missouri executions


About a year ago I signed on as a plaintiff in a lawsuit challenging the 
Missouri Department of Corrections practice of buying execution drugs out of 
state at an unlicensed compound pharmacy, but the judge determined that we 
plaintiffs, 2 former Missouri legislators, a pastor and me, lacked standing.


Now, on May 18, the Missouri Court of Appeals will hear our case.

As our attorney Justin Geifand said, "The state has successfully fended off 
similar challenges brought by people sentenced to death saying they lacked 
'standing' to bring the case. If the Court of Appeals finds that we, as 
taxpayers, also lack standing to have this case finally decided on the merits, 
then it would appear that nobody has the ability to bring these important 
issues to court. But in America, we bring important issues to court and that's 
precisely what we did here."


Just last week the pharmaceutical firm Pfizer took steps to block use of its 
pharmaceuticals in executions, evidence of the growing repugnance to capital 
punishment. As plaintiffs in this court case, we have the opportunity to object 
to what is, at the very least, the unseemly behavior of the Department of 
Corrections director of adult institutions driving out of state with a satchel 
of cash to purchase execution drugs compounded and prescribed by a doctor who 
conducts no medical examination and is contractually obliged to write the 
invalid prescription.


The most recent Missouri execution a week ago of Earl Forrest is, in my 
opinion, another example of capricious and reckless implementation of the death 
penalty. Forrest killed 3 people, including a sheriff's deputy, but he was 
severely mentally impaired. He expressed deep remorse for the murder of the 
sheriff but not the other 2 whom he killed in a drug deal gone wrong. Surely 
life in prison would have been sufficient punishment. Even better would have 
been appropriate care and treatment of his mental condition which might have 
saved three lives.


(source: Mary Ann McGivern, National Catholic Reporter)






KANSASnew death sentence

Kyle Flack, who killed 3 adults and a toddler, sentenced to the death penalty 
in Kansas capital murder caseFlack was found guilty for shooting in 2013


Kyle Travor Flack was sentenced to the death penalty Wednesday morning.

Franklin County District Court Judge Eric Godderz on Wednesday morning imposed 
the death penalty on Kyle Trevor Flack in the shotgun slaying of a young mother 
and her 18-month-old in 2013.


The judge also sentenced Flack to 22 years and 3 months for the 2nd-degree 
murder conviction of 1 man, and a life sentence with parole eligibility only 
after 

[Deathpenalty] death penalty news----N.H., PENN., FLA., ALA., LA., OHIO

2016-05-18 Thread Rick Halperin




May 18



NEW HAMPSHIRE:

Death row inmate's next court filing months away


Attorneys for New Hampshire's only death row inmate said Wednesday it will be 
months before they file a petition arguing he is being unlawfully imprisoned.


Michael Addison was sentenced to death for the 2006 killing of Manchester 
police officer Michael Briggs. While Addison has exhausted his direct appeals 
to the state Supreme Court, and the U.S. Supreme Court in January declined to 
review a petition to review his case, his defense attorneys plan to file a 
state habeas corpus petition later this year.


During a brief hearing Wednesday, attorney Michael Wiseman said he'll file at 
least a partial petition by January. While there is no deadline for the state 
petition, Jan. 11, 2017, is the deadline to file a habeas corpus petition in 
federal court, so filing something at the state level before then would stop 
the clock and allow for a federal petition later if the state petition fails.


Wiseman recently was chosen by the New Hampshire Judicial Council to represent 
Addison. A former chief of the Capital Habeas Corpus Unit for the federal 
defender office in Pennsylvania, he has more than 2 decades of experience in 
representing post-conviction capital defendants.


Addison's previous attorneys argued that the trial judge violated his rights by 
not allowing jurors to hear evidence that he was remorseful and concerned about 
Briggs after he was taken into custody. They also challenged the judge's 
conduct in letting jurors hear about privileges a convict sentenced to life in 
prison without parole might get behind bars, including television and work 
opportunities.


Briggs was 15 minutes from the end of his shift when he and his partner 
confronted Addison in a dark alley on Oct. 16, 2006. Jurors found that Addison 
shot Briggs in the head at close range to avoid arrest for a string of violent 
crimes, including several armed robberies and a drive-by shooting.


Merrimack County Superior Court Judge Peter Fauver scheduled a hearing for late 
September to get an update from Addison's attorneys.


New Hampshire is the only state in New England with the death penalty still on 
the books. The state's last execution took place in 1939


(source: Associated Press)






PENNSYLVANIA:

Recanter could face death penalty


The Mifflinburg man accused of homicide in a Union County home invasion will 
face the death penalty if convicted at trial of 1st-degree murder.


Union County District Attorney D. Peter Johnson filed notice of aggravated 
circumstances against Justin Richard, 31, for allegedly killing 51-year-old 
Randy Sampsell on June 12, 2012. The victim's body was found 10 days later by 
his brother.


"You committed a killing while in the perpetration of a felony. You have a 
significant history of felony convictions involving the use or threat of 
violence to another person," Johnson wrote in support of his call for capital 
punishment.


The last time Johnson sought the death penalty was against Roderick Sims, 
convicted by a jury in the 2007 murder of Charity Spickler in Lewisburg. 
Johnson eventually withdrew the request for capital punishment, saying at the 
time the facts of the case didn't support the death penalty.


State police say Richard shot Sampsell once in the head with a stolen rifle as 
Sampsell attempted to rise from his recliner when robbers kicked in the front 
door of his Buffalo Township home, according to court papers.


The robbers sought marijuana and money, but only found prescription pills, 
state police say.


Before being pegged as the triggerman, Richard was a prosecution witness, 
having pleaded guilty to third-degree murder and agreeing to testify against a 
former co-conspirator, Herbert Tiebout. But Richard twice recanted his 
statements, the second time on the day of Tiebout's own 2nd-degree murder trial 
in September. The case against Tiebout was dismissed, and police and 
prosecutors turned their attention to Richard.


The testimony of Amanda Kratzer, Richard's ex-girlfriend, is at the center of 
the case. She originally accused Richard and Tiebout in the Sampsell home 
invasion and an earlier robbery that night in Millmont that allegedly netted 10 
guns, including the murder weapon.


After Tiebout's case was dismissed, she went on record to accuse Richard of 
confessing to the killing more than once after they fled Pennsylvania for 
Virginia Beach, Va., days after Sampsell's death. She had already helped state 
police locate the Remington 30.06 rifle Richard is accused of using, which was 
dumped in a wooded area near Williamsburg, Va.


After Kratzer's latest revelation, a 3rd suspect in the home invasions 
surfaced. Kratzer says she saw Theron Moore, 43, formerly of Mercersburg, with 
Richard and Tiebout on the night of Sampsell's death, according to court 
papers.


Police say in arrest papers that Moore confessed to helping Richard steal both 
a Dodge pickup and a Kawasaki