[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA. ALA., LA.

2016-11-02 Thread Rick Halperin





Nov. 2



TEXASnew execution date

John Ramirez has been given an execution date for Feb. 2; it should be 
considered serious.


Executions under Greg Abbott, Jan. 21, 2015-present20

Executions in Texas: Dec. 7, 1982present-538

Abbott#scheduled execution date-nameTx. #

21-December 7---John Battaglia539

22-January 11---Christoper Wilkins540

23-January 25---Kosoul Chanthakoummane541

24-January 26---Terry Edwards-542

25-February 2---John Ramirez--543

26-February 7---Tilon Carter--544

27-April 12-Paul Storey---545

28-June 28--Steven Long---546

(sources: TDCJ & Rick Halperin)






PENNSYLVANIA:

Prosecutors drop death penalty in '92 killing


The York County District Attorney's Office is no longer seeking the death 
penalty against a man who's waiting for a retrial in the killing of his 
girlfriend, who was stabbed and cut more than 200 times and found covered in 
bleach over 24 years ago.


Daniel Jacobs, 45, of York, is already serving life in prison without the 
possibility of parole for the death of his 7-month-old daughter, Holly. But, 
he's been waiting for another trial in the killing of Tammy Lee Mock, 18, for 
about 10 years, because his case has been in limbo.


Both were found in the bathtub of the couple's apartment on West King Street 
near South Richland Avenue in York on Feb. 16, 1992.


It's unclear why the District Attorney's Office made the decision, which is 
mentioned in court documents dated on Friday. Chief Deputy Prosecutor Tim 
Barker, one of the attorneys who's handling the case, could not immediately be 
reached.


Initially, Jacobs was found guilty of 1st-degree murder in Mock's killing and 
sentenced to death. But federal appeals courts threw out his punishment and 
conviction, in 2001 and 2005, respectively.


In September, Common Pleas Judge Harry M. Ness ruled that Jacobs is competent 
to stand trial, but that he cannot serve as his own lawyer. He has since filed 
a motion asking the judge to reconsider the decision.


Kevin Hoffman, an attorney who's been appointed to represent Jacobs, said he 
will most likely have to prepare for the case to go trial. But, he said, it 
will be "some time" before one is held.


Now, Hoffman said it will be a "more straightforward process." That's because 
the attorneys will not have to pick a jury for a death penalty case, nor 
present additional testimony - if there's a conviction.


Jacobs is expected back in court on Dec. 1.

(source: York Daily Record)






NORTH CAROLINA:

Time to end NC's death penalty


There is a deadly battle going on in the courts of the United States. It has 
lasted for decades. The battle is between those favoring the death penalty and 
those opposed to it.


In North Carolina we have 150 people on death row. 55 North Carolina Counties 
have prisoners on death row. 45 counties have no one there.


It is clear that people in certain counties have been more likely to receive a 
death sentence than others. For instance, Durham County has no one on death 
row. Its neighbor, Wake County has ten. Guilford County has 3 prisoners on 
death row. Yet, its neighbor, Forsyth County, has 12.


The last execution in North Carolina was on August 18, 2006, 10 years ago.

There are many things that keep prisoners from being executed in North 
Carolina. Here are 6 of them:


1. The legislature passed the Racial Justice Act. It made it extremely 
difficult for death sentences to be upheld on appeal. That law has been 
repealed, but the result is that most (if not all) death sentence cases are 
under appeal. Resolution of this problem will take months - perhaps years.


2. The law requires a doctor to be present during executions. However, both the 
American Medical Association and the North Carolina Medical Board have ruled 
that doctors should NOT be present at executions.


In response to this, the legislature has passed a law which states that 
participation in executions is not the practice of medicine. The intent was to 
protect doctors who attended an execution from discipline by medical boards. It 
is unlikely that this law will entice doctors to participate in executions. 
Whether it is practicing medicine or not, it is still helping to kill someone. 
Second, the propriety of that law will continue to be litigated.


3. The State has to find the appropriate drugs to cause death. Many companies 
have refused to sell the drugs to states that will use them in executions. 
Then, once the chemicals are picked, there will be legal challenges to those 
particular chemicals.


4. It will be at least 2 years before executions are scheduled. The passing of 
12 or more years from the last execution will make it more unpleasant to 
restart executions. Judges will 

[Deathpenalty] death penalty news----worldwide

2016-11-02 Thread Rick Halperin





Nov. 2



SINGAPORE:

He gives hope to those on death rowLawyer wins award for pro bono work in 
capital offence cases



Even after appealing twice, his client was still sentenced to hang for 
trafficking in drugs.


But lawyer Eugene Thuraisingam held on to hope that he could save his client, 
Dinesh Pillai Reja Retnam, a Malaysian national who was convicted in 2011.


Just when it seemed hopeless, an amendment to the law allowed Mr Thuraisingam 
to apply for a re-sentencing.


His client, who was found to be suffering from depression when caught 
trafficking in 19.35g of heroin in 2009, became the 1st drug convict to escape 
the noose because of his mental condition.


Dinesh Pillai, who was given life imprisonment, is just one of many clients Mr 
Thuraisingam has saved from the death penalty in the past 12 years.


Yesterday, Mr Thuraisingam, 41, was conferred the Lasco Award - in recognition 
of his commitment and service to the scheme, state and community - at the 
inaugural Tri-Court Volunteers Appreciation Dinner.


Since January 2012, he has handled 13 cases - 6 trials and 7 appeals under the 
Legal Assistance Scheme for Capital Offences (Lasco).


Lasco is a scheme which ensures that all people facing capital charges in the 
High Court are given legal representation by pro bono lawyers.


There are about 200 lawyers on board this scheme.

Mr Thuraisingam said that his wife and three children, aged between 5 and 8, 
were proud of him for receiving the award, but he admitted that there have 
always been mixed emotions when handling cases involving the death penalty.


Referring to Dinesh Pillai's case, he said the Malaysian was paid RM200 (then 
S$80) to carry a package containing drugs into Singapore.


"I was happy that I saved someone from the gallows. Yet I was also sad because 
over a RM200 profit, someone has to spend the rest of his life in prison," he 
said.


Mr Thuraisingam also represented another Malaysian, Wilkinson Primus, who was 
caught with 35.66g of heroin in his motorcycle when riding into Singapore on 
Nov 3, 2008.


Wilkinson was given the then-mandatory death penalty in 2009.

But in 2014, Mr Thuraisingam applied for a re-sentencing under the amended 
laws, relying on psychiatric reports that Wilkinson was suffering from major 
depressive disorder and was "performing at an extremely low level of 
intellectual functioning" at the time.


The prosecution did not object to the application and Wilkinson was also given 
life imprisonment.


Working such capital charge cases are never easy and are always stressful, said 
Mr Thuraisingam.


"The pressure is very high. It's extremely intense," he said.

"What most of us do is to take a step back and be objective, because you won't 
do the client any good if you don't distance yourself from the fact that he is 
facing capital punishment.


"So know your law well, know the facts well and fight hard to the best of your 
ability," he said.


Mr Thuraisingam is full of praise for the Lasco scheme.

He said: "Without the dedication and compassion shown by the many lawyers who 
participate in this scheme, there would be no representation for these people 
in court.


"Because none of them can afford lawyers. They are the poorest of the poor, 
some who are exploited for RM200."


Mr Thuraisingam, who is against the death penalty, said he will continue to 
fight to save lives.


"The simple reason is that none of us can say why we are here on earth and 
where we go to when we die.


"When you cannot answer that question, I feel you have no right to take away 
life," he said.


I was happy that I saved someone from the gallows. Yet I was also sad because 
over a RM200 profit, someone has to spend the rest of his life in prison.-- 
Lawyer Eugene Thuraisingam on one of his cases


Judicial volunteers and pro bono services are essential in making justice 
accessible to those in need, said Chief Justice Sundaresh Menon at the 
inaugural Tri-Court Volunteers Appreciation Dinner, held at the Grand Copthorne 
Waterfront Hotel, last night.


For the 1st time, the judiciary, comprising the Supreme Court, the State Courts 
and the Family Justice Courts, came together to show its appreciation and 
recognise the contributions of volunteers in pro bono work.


In the last 3 years, the number of judiciary volunteers - including lawyers as 
well as volunteers, such as engineers, lecturers and retirees who serve as 
mediators and counsellors - grew by about 20 %, from 229 in 2014 to 284 this 
year.


VITAL TO JUSTICE

Said CJ Menon: "The fact is there are the disadvantaged in society who lack the 
means to pay for legal services that would allow them to access justice in a 
meaningful way.


"It is here that pro bono work bridges the gap."

He referred to lawyers and non-lawyers, such as volunteers who provide 
meditation or counselling services, and said both groups are equally vital to 
the administration of justice.


Last night, 4 volunteers were 

[Deathpenalty] death penalty news----worldwide

2016-11-02 Thread Rick Halperin




Nov. 2



UNITED KINGDOM:

There's a Legitimate Case for the Death Penalty in the UK - It Shouldn't Be 
Taboo



The UKIP leadership contender Paul Nuttall MEP has expressed support for 
restoration of the death penalty.


It was a cautious plea in a measured tone. There were caveats. He would favour 
it in exceptional circumstances "for child and serial killers".


Furthermore he would only wish to see capital punishment restored if it had 
first won support in a referendum. Still, for him to have to be temerity to 
raise the issue at all was still enough to produce indignation.


"UKIP are the only thing the death penalty should be used on," was the measured 
response of one member of the Lib Dems via Twitter.


Milder responses to Nuttall's view was that it was "extreme", "barbaric", 
"uncivilised" and that he proved himself to be a "demagogue" by proposing it.


Yet Nuttall's opinion is widely shared. The last time YouGov polled on the 
matter - in 2014 - there was support from 45% for the reintroduction of the 
death penalty for murder, opposition from 39%.


Often the debate is characterised as encompassing left wing" and "right wing" 
divide.


However, 35% of Labour voters support capital punishment. Yet not a single one 
of the 231 Labour MPs in the House of Commons shares their view. I suspect that 
if any of them were to do so they would be deselected.


There has been much reflection on how out of touch Labour proved with its 
working class supporters over Brexit. In a way this disconnection is even more 
stark with regard to the death penalty.


Inevitably there will be strong emotions - but sensible people will consider 
the evidence. The real justification for capital punishment is not some 
bloodthirsty desire for retribution but the conclusion that it would mean fewer 
lives being lost.


The overwhelming verdict from the academic research in the United States is 
that it does. One study by professors at Emory University in 2003 estimated 
that each execution deters an average of 18 murders. That ratio was 
exceptionally high, but other research confirms that basic message.


A 2006 study by professors at the University of Houston found that the Illinois 
moratorium on executions in 2000 led to 150 additional homicides over the 
following 4 years.


Professor Naci Mocan of the University of Colorado undertook another research 
project which found that each execution results in 5 fewer homicides.


He said: "The conclusion is there is a deterrent effect. The results are 
robust, they don't really go away. I oppose the death penalty. But my results 
show that the death penalty [deters] - what am I going to do, hide them?"


What is even harder to dismiss is that capital punishment deters repeat 
offending.


When Ronald Reagan was Governor of California he kept a sheet of paper on his 
desk which he would bring out when challenged on the issue.


"It was a list of the names of 12 criminals, 12 murderers, who had all been 
sentenced to prison, who had all served their terms or been paroled, and 
released, " he said.


"And at the time the list was on my desk, their total number of victims then 
was 34, not 12. I think capital punishment in the beginning might have reduced 
that figure considerably."


Barack Obama has said, in the past at least, that he supports the death 
penalty: "We have to have this ultimate sanction for certain circumstances in 
which the entire community says this is beyond the pale." Hillary Clinton says 
she supports its use under "federal jurisdiction, for very limited purposes".


Certainly the use of the death penalty has declined, and some argue its use is 
outdated. But the reality is that new technology strengthens the case for it. 
DNA evidence greatly reduces the risk of miscarriage of justice.


Just as there is a moral case for pacifism, so the moral objection to capital 
punishment deserves respect.


Yet the abolition of capital punishment since 1965 in the UK has had the 
practical consequence that innocent lives have been lost that otherwise could 
have been saved.


This is why ordinary people continue to debate the issue in a rigorous and 
intelligent manner. Its consideration should no longer be a taboo among the 
political establishment.


(source: Harry Phibbs, heatst.com)






TURKEY:

Is Erdogan really serious about bringing back death penalty? President Recep 
Tayyip Erdogan continues to respond to calls from his supporters for the 
plotters of the July 15 attempted coup to receive the ultimate punishment, and 
he is signaling his keenness on seeing the death penalty reinstated in Turkey.



It is not clear, though, whether he is doing this for its own sake or if he is 
using the topic to increase his support base as the debate on changing Turkey 
from a parliamentary system to an executive presidency gathers steams.


Turkey, a Council of Europe member and a signatory to the European Convention 
on Human Rights, abolished the death penalty 

[Deathpenalty] death penalty news----TENN., KY., OHIO, OKLA., NEB., CALIF., USA

2016-11-02 Thread Rick Halperin





Nov. 2




TENNESSEE:

TN Supreme Court to review death penalty case of man convicted of murdering, 
dismembering girlfriend



The Tennessee State Supreme Court will review the death penalty case of James 
Hawkins, a Shelby County man who was sentenced to death for premeditated 1st 
degree murder.


Hawkins was convicted in 2011 of murdering his girlfriend, the mother of his 3 
children, and dismembering her body.


Investigators said Hawkins forced their then, 12-year-old daughter to help 
dismember her mother and dispose of her body.


Charlene Gaither was stabbed and strangled to death in 2008 in Raleigh.

The court will consider multiple issues, including whether Hawkins' statements 
to police and statements made by the victim to other witnesses should have been 
excluded.


The court will hear this case in addition to several others Wednesday in 
Jackson.


(source: Fox news)






KENTUCKY:

Lane could face death penalty if convicted in Ashland murder case


24-year-old Jacob Lane of Franklin Furnace could face the death penalty if 
convicted of 1st-degree murder, according to Boyd County Commonwealth???s 
Attorney David Justice.


Lane is accused of killing Justin Reeder, 21, of Ashland, on Oct. 16. By state 
law, murder cases are death-penalty eligible if the capital offense was 
committed during the attempt of a specified felony, such as robbery, kidnapping 
or rape.


A Boyd County grand jury indicted Lane on Tuesday morning on first-degree 
robbery and 2nd-degree burglary charges in addition to murder, Justice said. 
Lane, jailed in the Boyd County Detention Center, pleaded not guilty to murder 
last week in Boyd County Circuit Court.


Reeder was found dead in Lawrence County, Ohio on Oct. 24, a week after he was 
reported missing.


Over the course of the search for Reeder, Lane was questioned by the Ashland 
Police Department after phone records and additional evidence pointed toward 
Lane as a suspect, according to Chief Todd Kelley. Lane initially denied 
involvement, but later admitted to police he shot Reeder in the head on Oct. 16 
in the 1100 block of 29th Street in Ashland. Lane also told police the man's 
body was hidden along Tunnel Ridge Road near Ironton.


Reeder's parents told police Lane had broken into their home a few days after 
Reeder's disappearance "in an attempt to steal money and narcotics," according 
to Kelley.


The police chief announced on Tuesday an arrest warrant was issued for Zachery 
Tarleton, of Ironton, who allegedly provided Lane with a weapon.


Tarleton, 24, is awaiting extradition from Lawrence County Jail to the Boyd 
County Detention Center on a 1st-degree criminal conspiracy to commit robbery 
charge. Tarleton provided the gun to Lane, Kelley said, during Lane's attempted 
robbery of Reeder.


Lane was not originally charged with robbery. Kelley announced the warrant 
issuance for Tarleton during a press conference Tuesday afternoon, and did not 
take questions from reporters, citing the ongoing investigation.


The Ohio Bureau of Criminal Investigation, the Lawrence County Sheriff's 
Department, Kentucky State Police, the Lawrence County Coroner's office and 
Justice's office were among the agencies that have assisted Ashland police.


Lane's next court appearance has not been scheduled, according to the online 
courts system.


An online petition created anonymously on change.org titled "Death Penalty for 
Jacob Lane" has circulated since last week and accrued over 345 signatures. The 
author of the petition suggests Lane "doesn't deserve his life" and the 
petition will be delivered to Gov. Matt Bevin and Sen. Mitch McConnell.


Justice said the death penalty eligible case is the 1st such case in Boyd 
County in more than 10 years. Kentucky has carried out 3 executions of death 
row inmates since 1976.


Lane is represented by attorney Mark Hardy. Circuit Judge Gerald Reams declared 
last week Lane's bond remains $100,000.


(source: The Daily Independent)






OHIO:

Ex-student leader could face death penalty in US


While some student leaders face the prospect of spending Christmas behind bars, 
one of their former leaders who made Durban's Westville campus ungovernable in 
the early 2000s is set to spend his 6th Christmas behind bars.


However, it won't be for student protests, but rather his conviction for 2 
murders that will keep Muziwokuthula "Muzi" Madondo behind bars in the US state 
of New Mexico.


According to officials in Ohio, he is unlikely to be moved any time soon from 
the Penitentiary of New Mexico near Santa Fe to Ohio, where he faces a further 
2 charges of murder and a potential death sentence.


"I suppose we are in no rush to get him here. He's not going anywhere soon," 
said James Pollack, spokesperson for the Summit County prosecutor's office.


Madondo, who led student protests over the canteen food at the then University 
of Durban-Westville (UDW) before its merger with the University of Natal in 
2004, pleaded