[Deathpenalty] death penalty news----worldwide

2016-10-31 Thread Rick Halperin





Oct. 31




SIERRA LEONE:

Prepare the gallows: Sierra Leone and the death penaltyFor the 1st time 
since its civil war, Sierra Leone might be about to execute someone.



On the afternoon of September 8, the rain fell heavy on the courthouse roof as 
Justice Alusine Sesay's gavel cracked like thunder.


The year-long trial for the murder of Sydney Buckle had come to an end, and 
Baimba Moi Foray - one of Sierra Leone's most famous witch doctors - was 
sentenced to death by hanging, along with his bodyguard, Foday Kamara.


The crowd erupted.

Nobody has been executed in Sierra Leone since 1998, when, at the height of the 
country's brutal civil war, 24 soldiers were publicly executed by firing squad.


"In that moment, when they sentenced him, my memory went back to when I first 
knew Sydney was dead," recalled Buckle's mother, Victoria Johnson. "And yet, I 
was happy - very, very happy - because I knew that justice had prevailed."


Johnson's certainty was short-lived as the sentencing has ignited a countrywide 
debate over whether Sierra Leone should revive executions.


Foray's fate has been obscured by calls from human rights groups to maintain a 
moratorium on the death penalty, but the government is struggling to appeal to 
a justice-hungry public gripped by a recent surge in violent crime.


The ethics of the death penalty have returned to the forefront of public 
discourse for the first time in nearly two decades, and whether Foray goes to 
the gallows or not, international organisations, civil society groups and human 
rights lawyers say the case is likely to set a precedent that will shape the 
future of judicial executions in Sierra Leone.


"A country stops using the death penalty for a couple of years then all of a 
sudden they start using it again - that worries us, especially in countries 
with violent pasts," said Solomon Sogbandi, the executive director of Amnesty 
International's Sierra Leone office. "Because President [Ernest Bai] Koroma 
said he wasn't going to kill anyone during his regime, a commitment he has made 
internationally, we hope they won't carry out these executions. But that's not 
to say they won't happen."


'That man deserves to die'

More widely known as DJ Cleff, Sydney Buckle was one of Sierra Leone's most 
popular on-air radio personalities.


The day after Buckle attended a birthday party at Foray's house in June 2015, 
his body was found in an alley two miles away wrapped in cloth with three toes 
missing, a punctured eye and a large hole in his neck. The case grabbed 
national attention.


Foray had been something of a local celebrity as both a socialite and a 
lavishly paid personal witch doctor to high-rolling clients.


During the trial, Sulaiman Bah, Sierra Leone's director of public prosecution, 
suggested that the mutilation of Buckle's body was synonymous with certain 
traditional rituals. Foray chose not to testify, but rumours of black magic 
spread rapidly over social media and talk radio.


The prosecution produced no direct witnesses against either Foray or Kamara 
during the trial and Justice Sesay acknowledged in his verdict that the case 
was built solely on circumstantial evidence, such as the cloth Buckle was 
wrapped in having come from Foray's house.


But by the day of his sentencing, Foray had lost virtually all public support, 
and a recent increase in gang violence throughout the country's urban areas had 
further turned public sympathy towards hanging both men, with proponents 
believing that it would help deter other would-be murderers and violent 
criminals.


"In my honest opinion, that man deserves to die," said Alhaji Ben Jalloh, a 
building contractor living in east Freetown. "We can't let lawlessness take 
over, so something must be done soon. We need to have a strong head on our 
justice system, and I honestly think that maybe if they killed those 2 guys we 
would see an end to all this violence. They need to be made examples."


3 days after the sentencing, Palo Conteh, Sierra Leone's minister of internal 
affairs, publicly ordered staff to clean the gallows at Freetown's central 
prison ahead of the executions. The following day, his comment ran on the 
covers of many of Freetown's largest newspapers, boosting the expectations of a 
public seemingly largely in favour of the death penalty.


Yet since Conteh's comment was publicised, the government has largely backed 
away from the issue. Sierra Leone's attorney general, director of public 
prosecution, deputy minister of justice and presidential spokesman all declined 
comment for this story, beyond reasserting President Koroma's pledge not to 
conduct any executions during his time in office.


'I am against it'

The current constitution, composed in 1991 at the onset of Sierra Leone's civil 
war by leaders of a military coup, allows for the death penalty to be invoked 
in cases of murder, robbery with aggression, mutiny and treason.


The Truth and Reconciliation 

[Deathpenalty] death penalty news----PENN., ALA., MISS., NEB., NEV., CALIF., USA

2016-10-31 Thread Rick Halperin






Oct. 31




PENNSYLVANIA:

Callous application makes case against death penalty


The Oct. 28 headline, "Gunman in Lehigh Valley killing spree dodges the death 
penalty" give lie to the assertion that the death penalty is a necessity 
reserved for the worst of the worst cold-blooded killers.


When the same district attorney doesn't pursue the death penalty for Todd West 
after his cold-blooded killing spree, yet last year tried to get the state to 
kill Johnesha Perry - who at 19 pushed her son to his death after kissing him 
goodbye - I wonder what sort of twisted logic the state is trying to follow on 
the death penalty. To add to the absurdity, at the time the Lehigh County tried 
to get Perry killed, it decided the savage killing of Cheryl Silvoner by Calib 
Barnes, the adult boyfriend of her 14-year-old daughter, didn't justify the 
death penalty. This year Northampton County decided Gary Foley didn't deserve 
to die for killing the 17-month-old daughter of his girlfriend by blunt trauma 
to the head.


While I am sure the district attorneys can explain away what appears to be 
unjust inconsistencies in the application of the ultimate punishment, the 
question remains: If the death penalty does not appear to any normal person to 
be applied fairly, do we really need it?


If we do not need the death penalty, it is no more than the most unjustly 
applied punishment in our criminal justice system, and the most outrageous and 
unnecessary taxpayer expense for a completely ineffective deterrent. Its main 
function seems to be to extract guilty pleas. This callous use minimizes the 
difference between life and death, and puts it on par with the "worst of the 
worst."


David Rose, Easton

(source: Letter to the Editor, lehighvalleylive.com)






ALABAMA:

Death row inmate's appeal denied by Supreme Court


The U.S. Supreme Court today denied the appeal of death row inmate William 
Ernest Kuenzel, a former Goodwater resident sentenced in 1988 for the murder of 
Sylacauga convenience store clerk Linda Jean Offord.


Without comment, the justices turned down Kuenzel's appeal petition, clearing 
away one of the last hurdles to Kuenzel's execution.


William Kuenzel was convicted in 1988 of the murder of Sylacauga convenience 
store clerk Linda Jean Offord.


Kuenzel was sentenced to death for killing Offord in a botched late-night 
robbery in 1987. An accomplice, Harvey Venn, served time in prison and has been 
released.


In recent years, Kuenzel attracted a widespread following of advocates who say 
he's innocent. They cite a lack of physical evidence connecting Kuenzel to the 
crime - blood was found on Venn's pants, but no similar evidence was found on 
Kuenzel - and a lack of reliable testimony.


Under state law, testimony from Venn, a co-defendant, isn't enough to convict a 
man of murder. Kuenzel's lawyers have challenged the testimony of another 
witness who placed Kuenzel at the crime scene - a teen who said she saw Venn 
and Kuenzel from a passing car. Grand jury testimony uncovered years after the 
case was tried showed that the teen witness was initially unable to say for 
certain that she saw Kuenzel at the convenience store that night.


Prosecutors have pointed to Kuenzel's own testimony, noting that Kuenzel was 
convicted of perjury for trying to convince another inmate to provide him with 
an alibi.


The fate of Kuenzel's appeals, however, has often come down to a matter of 
timing. Courts have refused to rehear Kuenzel's case largely because his 
lawyers, early in the case, missed a deadline to file for appeal.


"We're obviously disappointed that the Court didn't review the case of an 
innocent man facing death, given that the key evidence has never once been 
substantively reviewed by any court and only because some paperwork supposedly 
missed a filing deadline in the 1990s," wrote Eric Berman, the spokesman for 
Kuenzel's legal team wrote in an email to The Anniston Star Monday.


A spokeswoman for Alabama Attorney General Luther Strange said the attorney 
general's office had no comment.


Kuenzel was scheduled for execution in March 2015, but courts stayed his 
execution until his most recent appeal could be heard. Prosecutors will likely 
seek a new execution date; barring a new legal challenge, only Gov. Robert 
Bentley could stop that execution, by commuting Kuenzel's sentence.


Earlier this year, Alabama lawmakers rejected a bill to create an innocence 
commission to hear claims innocence - a bill largely inspired by Kuenzel's 
case. Berman, in his Monday email, called on the Legislature to take up that 
bill again.


Alabama recently resumed executions after a 2-year hiatus brought on by a 
shortage of lethal injection drugs. Inmate Tommy Arthur, in prison for an 
early-1980s murder-for-hire, is scheduled to die by lethal injection Thursday.


(source: The Anniston Star)



Lawyers for Alabama inmate disappointed by decision


The U.S. Supreme Court 

[Deathpenalty] death penalty news----worldwide

2016-10-31 Thread Rick Halperin





Oct. 31



IRAQ:

Execution of Saudi prisoners widens gap between Baghdad, Riyadh


On Oct. 7, Iraqi authorities executed Saudi prisoner Badr Ofan al-Shamri, 
making him the 3rd Saudi prisoner to be executed during 2016 in Iraq, following 
Abdullah al-Shanqeeti and Abdullah Azzam.


Iraq has executed 3 Saudi prisoners and nine others are on death row, raising 
the objections of Saudi Arabia that wants Baghdad to transfer the prisoners to 
the kingdom.


9 other Saudis on death row are scheduled to be executed in November. They are 
Fahad al-Anzi, Mohammed al-Obeid, Majid al-Buqami, Faisal al-Faraj, Battal 
al-Harbi, Ali al-Shahri, Ali al-Qahtani, Hamad Yahya and Abdulrahman 
al-Qahtani, all in al-Hoot prison in Nasiriyah.


Saudi media outlets reported anonymous sources as saying that Shamri had been 
extremely tortured during his 13-year detention, perhaps so much so that one of 
his legs had to be amputated.


Shamri's family has accused the Iraqi authorities of torturing their son and 
vowed to sue the Iraqi government. In this context, Shamri's brother Salman 
said Oct. 11, "The signs of torture were visible on my brother's body and the 
Iraqi government will be sued for this."


The issue of Saudi prisoners in Iraq is one of the most sensitive outstanding 
issues between the two neighboring countries, and one of the reasons behind 
their deteriorating relationship. Saudi Arabia keeps calling for the need for 
new trials for its nationals detained in Iraq and objects to the executions of 
Saudi citizens. Iraq says the Saudi prisoners formed part of terrorist 
organizations operating in Iraq since 2003.


On Oct. 3, Ali al-Qarni, a spokesman for Saudi prisoners in Iraq, said in a 
press statement, "Almost 25 Saudi prisoners in Iraq have either completed their 
sentences or [should be released] under conditional parole according to a court 
decision, but none have been transferred to the Saudi Embassy in Iraq to be 
sent back home."


It is said that the guillotine used in the execution of former Iraqi President 
Saddam Hussein is the same one being used to execute Saudi prisoners; if true, 
it is not whether this is a coincidence or a carefully calculated move by the 
Iraqi authorities.


Saudi Arabia is seeking to persuade Iraq of the need for new trials for Saudi 
prisoners in Iraq or at least convince the Iraqi authorities to transfer the 
prisoners to Saudi Arabia to serve the rest of their sentences. However, Iraq 
is refusing to answer the Saudi demands.


Saudi Arabia has accused the Iraqi government of not releasing 6 Saudi 
prisoners who completed their sentences in Iraqi prisons in Nasiriyah, Rusafa 
and Muthanna airport in Baghdad.


On Aug. 14, Saudi prisoner Ali Mohammed al-Habbabi died at the age of 22 in the 
4th Rusafa prison in Baghdad. His father said that his deceased son had a 
mental illness, but that Iraqi authorities did not provide treatment.


Salman Ansari, the chairman of the Saudi-US relations committee, told 
Al-Monitor, "There are 60 to 85 Saudi prisoners in Iraq, and Saudi Arabia has 
the right to look after its nationals around the world and Iraq is no 
exception. There is an opportunity for the Iraqi government to mend its 
relationship with its Arab brethren, particularly Saudi Arabia, and coordinate 
with it in order to transfer Saudi prisoners and allow them to serve the rest 
of their sentences in their country."


He added, "I am personally angered by reports proving that there have been 
unfair trials and sectarian discrimination against Saudi prisoners in Iraq. 
Whatever the charges for their detention, they have a right to a fair trial in 
which their human dignity is respected."


Saudi Arabia seems to be making a significant diplomatic effort for Saudi 
prisoners to serve the rest of their sentences in their country, but this would 
likely cause a public and political commotion in Iraq. It seems very unlikely 
that the Iraqi government would take such a step displeasing its citizens.


The issue of Saudi prisoners in Iraq has long been quite critical for Iraqi 
politicians; when former Saudi Ambassador Thamer Sabhan visited al-Hoot prison 
in Dhi Qar province in southern Iraq in June, a number of Iraqi politicians 
expressed their opposition to Sabhan's visiting prisoners the politicians 
considered to be terrorists.


Several Iraqi political blocs called for an Iraqi version of the Justice 
Against Sponsors of Terrorism Act (JASTA) that recently was passed in the 
United States. Iraqi parliament members are saying Saudi Arabia should be sued 
for its role in supporting terrorism, accusing it of facilitating the way for 
Saudi and non-Saudi extremists to cross into Iraq to carry out terrorist acts.


On July 12, Aws al-Khafaji, the head of the Abu al-Fadl al-Abbas faction, 
threatened to execute Saudi and non-Saudi prisoners detained in Iraq on 
terrorism charges if the Iraqi government was unable to execute them itself.


The issue of Saudi prisoners in 

[Deathpenalty] death penalty news----TEXAS, ARK., NEB., CALIF.

2016-10-31 Thread Rick Halperin






Oct. 31



TEXAS:

Activists march against the death penalty


Although she grew up in a pro-death penalty Republican family, Terrie Been 
chose to speak out in front of a crowd on Saturday for her brother Jeff Wood, a 
Texas death-row prisoner whose execution was halted in August.


While Wood didn't shoot the victim, he was sentenced to the death penalty under 
Texas' Law of Parties for his involvement in a 1996 murder case. The ruling has 
since been appealed by Wood's lawyers and will be sent to the original trial 
court for re-evaluation.


"I want the world to know that my brother, Jeff Wood, is not a monster," Been 
said. "I want the world to know that he is not the worst of the worst. Jeff is 
a human being, he does not deserve to be referred to as number 999256."


A crowd of more than 30 people consisting of activists, student organizations, 
UT students and families of death row inmates gathered at the south side of the 
Texas State Capitol for the 17th annual March to Abolish the Death Penalty. 
However, Been wished her voice could be heard by a larger audience.


"It's breaking my heart." Been said. "Every year there are less and less 
people."


Linguistics senior Elizabeth Dean, a member of the International Socialist 
Organization, said the death penalty is a cruel and undeserved punishment for 
people who don't get proper representation.


"The rich committing crimes can buy their way out of it, and the poor, 
innocent, are subject to far worse penalties." Dean said. "Especially, black 
and brown people are targeted by the police."


After an open-mic speech at the Capitol, the crowd walked up to the governor's 
mansion while shouting chants like, "Texas death row, we say hell no," and "Law 
of Parties, shut 'em down."


As the 2nd-most populous state, Texas has accounted for more than 1/3 of the 
nation's total executions since 1976, but the number is declining, according to 
the Texas Department of Criminal Justice.


"There are increasingly signs that conservatives, as well as liberals, are 
concerned about problems with the administration of the death penalty," said 
Raoul Schonemann, clinical professor and co-director of the Capital Punishment 
Clinic. "The repeal by the Nebraska legislature in 2015 may signal abolition by 
other 'red states' in the future. So while I don't think Texas will abolish the 
death penalty soon, I also don't think it's inconceivable that it will happen 
eventually."


(source: The (Univ. Texas) Daily Texan)






ARKANSAS:

Jury picking starts in trial of Bella Vistan accused of killing son


Jury selection will begin Tuesday for a Bella Vista man accused of killing his 
son last year.


Mauricio Alejandro Torres, 46, and his wife, Cathy Lynn Torres, 45, are charged 
with capital murder and 1st-degree battery. They will be tried separately. 
Prosecutors opted to try Mauricio Torres 1st. Cathy Torres' trial is scheduled 
to begin May 5.


Prosecutors will seek the death penalty against both. Mauricio and Cathy Torres 
are being held in the Benton County Jail without bail.


The couple are accused of killing Maurice Isaiah Torres, 6.

Nathan Smith, Benton County prosecuting attorney, declined to comment on the 
case. Deputy prosecutors Stuart Cearley and Carly Marshall will assist Smith.


Jeff Rosenzweig, Bill James and George Morledge will represent Mauricio Torres. 
Rosenzweig declined to comment on the trial. He said the defense will reserve 
its comments for the courtroom.


A witness list filed by prosecutors includes more than 90 witnesses who may be 
called. A witness list from the defense team was not included in Torres' case 
file. The trial is expected to last 3 to 4 weeks.


75 prospective jurors are scheduled to report at 9 a.m. Tuesday for jury 
selection.


The 1st stage of jury selection will take place in Circuit Judge Robin Green's 
courtroom. Circuit Judge Brad Karren will preside over the case and the trial 
will be in his courtroom.


The boy was pronounced dead at an area hospital on March 29, 2015. A medical 
examiner determined he suffered chronic child abuse and his death was from 
internal injuries caused by rape, according to court documents.


The autopsy also found there were multiple healing and healed wounds and blunt 
force trauma to the child's head and other parts of his body, according to the 
probable cause affidavit.


The Torreses could be sentenced to life imprisonment without parole or the 
death penalty if convicted of capital murder. They face from 5 to 20 years if 
convicted of 1st-degree battery.


The Torreses also were arrested in connection with rape, a Class Y felony, but 
Benton County prosecutors did not file rape charges. Smith previously said the 
suspected rape occurred in Missouri, not in Benton County.


Zachary Holly's murder case was the last death penalty case tried in Benton 
County.


Holly, 30, of Bentonville was sentenced in May 2015 to die by lethal injection 
for killing 6-year-old Jersey