[Deathpenalty] death penalty news----worldwide
Nov. 4 TURKEY: Formulas for Gulen's execution During the cabinet meeting presided over by President Recep Tayyip Erdogan earlier this week, the reinstatement of capital punishment was among the key issues. He looked in the face of cabinet ministers and asked: "What will happen for my 241 martyrs [killed during the military coup attempt]? Will those who killed them not give an account of it?" The legal arrangement that abolished the death penalty was overseen by the ruling Justice and Development Party (AK Party) in 2004. Cabinet this week discussed the issue from the perspective of the EU acquis, Protocol Number 13 in which Turkey totally abolished capital punishment, and Article 90 of the constitution. The drawbacks of taking the death penalty to a referendum were also discussed. It was Erdogan himself who brought the subject of reinstating the death penalty to the agenda. "If parliament reintroduces the death penalty, I would endorse it," he said. Prime Minister Binali Yildirim, meanwhile, has adopted a calmer stance on the issue. The prevailing belief had been that capital punishment would not be brought to parliament, so Erdogan will never in the end need to ratify it. However, with Nationalist Movement Party (MHP) leader Devlet Bahceli's recent declaration that they should "finish this business together," it became impossible to ignore the parliamentary route. Personally, I don't think President Erdogan has been bluffing. I believe he is sincere on the subject of the death penalty. There are 2 particularly important aspects to reintroducing the death penalty. The first is whether it would be retroactive; the 2nd is about what it would cover. My opinion is not as clear-cut as fellow Hurriyet columnist Ahmet Hakan, who wrote that there is no way the death penalty could include Fethullah Gulen or Abdullah Ocalan. The reintroduced death penalty would cover war crimes, threats of war, terrorism, coup d'etats, attempted coup d'etats and the sexual abuse of children. On Oct. 3, 2001, with an arrangement carried out by Constitution Committee head Ahmet Iyimaya, a clause was introduced stating that "the death penalty is inapplicable apart from war, imminent threat of war, and terror crimes." This clause was abolished from our legal system in 2004 by the AK Party. Now, coup d'etats, attempted coup d'etats and sexual abuse of children will be added to the exceptional cases in that original 2001 clause. However, an internal debate has still not been held within the AK Party and no work has yet been launched. Article 15 of the constitution states that "offences and penalties cannot be made retroactive." There is no objection to this clause but President Erdogan wants the death penalty to be reintroduced, especially for the July 15 coup attempt. In this case, will the death sentence be valid for Fethullah Gulen? Legal experts point to the concepts of "process crimes, continual crimes, chain crimes and uninterrupted crimes," and similar formulas are being looked into. The investigation into the July 15 coup attempt is still ongoing. New information and documents are being found every day. Just yesterday another name, Kemal Batmaz, appeared alongside the number one civilian name in the coup, the incognito Adil Oksuz, who is accused of carrying out the coup plan for Gulen. Further into the process, it is possible that new evidence and witnesses will emerge proving that Gulen was the leader of the coup. When President Erdogan asks about bringing the deaths of 241 people to account, he is not only referring to those who dropped bombs and opened fire on the people. He is also targeting those who took part in the coup and committed these murders, as well as the planners and rulers of the coup, together with the leader of the coup. In short, a formula is being worked on to ensure that the death penalty covers the July 15 coup attempt and Gulen himself. So, will the coup plotters be sentenced to death but the outlawed Kurdistan Workers' Party (PKK) and Islamic State of Iraq and the Levant (ISIL) terrorists who kill soldiers be left out of the scope of capital punishment? Will the MHP agree to a formula that does not cover the PKK? Because of jailed PKK leader Abdullah "calan's life sentence verdict, he cannot be sentenced to death for the same crimes. However, if proof of a connection to a new act is found and he is sentenced to death in a new trial, it is different. Clearly, there are endless formulas in justice. (source: Hurriyet Daily News) SAUDI ARABIA: Saudi Arabia to behead disabled man for protestingMunir al-Adam says he signed a confession only after being beaten so badly he lost hearing in one ear Saudi Arabia is set to behead a disabled man for taking part in anti-government protests. A specialised criminal court in Riyadh, the Arab kingdom's capital, sentenced Munir al-Adam, to death for "attacks on
[Deathpenalty] death penalty news----TEXAS, ALA., OHIO, NEB., CALIF., USA
Nov. 4 TEXAS: North Texas man found guilty in shooting deaths of 3 people A North Texas jury has convicted a 26-year-old man of capital murder in the shooting deaths of his estranged girlfriend, her mother and young brother. The punishment phase of the trial for Amos Joseph Wells III is scheduled to begin Friday, a day after he was found guilty of the July 2013 slayings. Tarrant County prosecutors are seeking the death penalty. The shooting at a Fort Worth home was preceded by an argument between Wells and 22-year-old Chanice Reed, who was pregnant at the time. Authorities say Wells retrieved a handgun and killed the three. The Fort Worth Star-Telegram reports (http://bit.ly/2fjyJIE ) the evidence included shells found at the home that matched ammunition kept by Wells. Wells later surrendered to police by asking to be shot and killed. (source: Associated Press) ALABAMA: Death Row Inmate Narrowly Escapes Execution for the 7th Time Thomas Arthur has escaped death for the 7th time. US Supreme Court Chief Justice John Roberts issued a stay from the Court late Thursday evening delaying Arthur's scheduled Nov. 3 execution. The Court's stay marks the seventh time 74-year-old death row inmate Arthur has avoided an impending execution date. Attorneys for Arthur filed briefs before the Court Thursday. One of the petitions asked the Court to review Arthur's request for an alternative form of execution beside lethal injection, because Arthur believes Alabama's 3-drug lethal injection regimen would be cruel and unusual. The 2nd asked the Court to review Alabama's death penalty sentencing laws, which Arthur argues are unconstitutional based on the Supreme Court's January decision in Hurst v. Florida, which overturned the Sunshine State's sentencing laws. The US Supreme Court ruled Florida's former sentencing laws, which allowed trial court judges to overrule the decision of a jury in a death penalty case, were unconstitutional. Alabama is now the last state with judicial override for the death penalty. And since 1976, more than 92 % of 107 overrides have resulted in a judge imposing the death penalty when a trial jury voted against recommending the death penalty, according to Montgomery's Equal Justice Initiative. Arthur's case would not usually warrant a stay, Chief Justice Roberts said in the order, but he agreed to vote for the stay because he wanted the other justices of the court to have time to review the case. Associate Justice Samuel Alito voted against granting the stay, along with Associate Justice Clarence Thomas - who granted a temporary stay earlier in the evening before Arthur's 6 p.m. scheduled execution. Arthur's stay will terminate when the court decides on the 2 petitions for writs of certiorari, which ask the Court to review the constitutionality of Arthur's case. If the Court denies the petitions for writs of certiorari, deciding not to take up Arthur's case, the stay on his execution would terminate. If the Court decides to review the case, which Roberts in his order hinted was unlikely, the stay would be extended until the Court hands down a final ruling on his appeals. If the stay is terminated by the Court's refusal to take up his case or the Court affirms the previous decisions of lower courts, which have all gone against Arthur, Arthur's execution will be rescheduled by the Alabama Supreme Court. The Alabama Supreme Court has set seven different execution dates since Arthur was first convicted of the 1982 murder-for-hire of Muscle Shoals businessman Troy Wicker, and he outlived them all. Roberts said he believed the case does not warrant the US Supreme Court's review, writing: "The claims set out in the application are purely fact-specific, dependent on contested interpretations of state law, insulated from our review by alternative holdings below, or some combination of the 3." The Supreme Court has not yet issued a decision on whether to review Arthur's challenge, which originates from an appeal in a US District Court in Alabama that was denied and later appealed to the US 11th Circuit Court of Appeals. In his appeal in the US District Court based on a 2014 US Supreme Court Decision in Glossip v. Gross, Arthur suggested a firing squad or another lethal execution drug, Pentobarbital, as alternatives to the state's controversial 3-drug regimen. Arthur's attorneys argued that Midazolam, the 1st of 3 drugs in Alabama's cocktail, would fail to do its job of sedating the inmate to prevent pain during the induction of the 2 other live-taking drugs, violating the Eight Amendment's prohibition on cruel and unusual punishment. In Glossip v. Gross, the US Supreme Court ruled 5-4 that the use of Midazolam as a sedative was not unconstitutional, allowing its use to continue, but Arthur argues that his preexisting heart condition would render Midazolam ineffective. The federal judge hearing
[Deathpenalty] death penalty news----worldwide
Nov. 4 INDONESIA: Death penalty sought for drug defendants Prosecutors at the Semarang District Court in Central Java have demanded the death penalty for 5 defendants in a major drug-smuggling case, including Pakistani citizens Muhammad Riaz and Faiq Akhtar and US national Kamran Malik, aka Philip Russel. The 3 have been indicted for trafficking 97 kilograms of crystal methamphetamine to Jepara, Central Java, through Tanjung Emas Port in the provincial capital of Semarang. According to prosecutors, Riaz arranged the drug shipment from Guangzhou, China, to Indonesia and then stored it in the CV Jepara Raya International furniture warehouse in Pekalongan village, Jepara regency. Prosecutors claim Riaz arranged the documents to smuggle the narcotics into Indonesia. The defendant was charged under the 2009 Narcotics Law. Faiq was also involved in the attempt to smuggle the drugs into Indonesia, and had also been indicted under the same law, prosecutor Edi Budianto said. Prosecutors, meanwhile, demanded that the court sentence another defendant Restiyadi Sayoko, accused of having facilitated the drug trafficking, to life imprisonment. The plea session will be held on Nov. 8 and the court will hand down its verdict on Nov. 14. On Wednesday, the court also heard the death penalty being demanded for 2 Indonesians for their role in the smuggling of the 97 kg of crystal meth through Tanjung Emas Port. They were Citra Agung Kurniawan and Tommy Pratomo, employees of PT Jacobson Global Logistics Indonesia who helped take care of the import documents for Zhouma brand generators from China. Prosecutor Diajeng Kusumaningrum also sought a 18-year sentence for another defendant Peni Suprapti. Peni, who is Indonesian, is the wife of Riaz. Peni was charged with helping to store the drugs in the furniture warehouse in Jepara. The National Narcotics Agency (BNN) busted the drug trafficking ring on Jan. 27. The Pakistani group stashed the crystal meth inside 194 power generators after dismantling their pistons. The crystal meth was dispatched from Guangzhou, China, and smuggled through Tanjung Emas. Didi Triono, meanwhile, a local resident, leased the warehouse, which was disguised as a furniture factory. Prosecutors sought 18 years in prison for Didi. In the trial hearing, prosecutor Bondan Subrata said Citra was contacted by Riaz to arrange the importation of the generators. "Defendant Citra assisted in the arrangement of import documents for the generators, which contained the drugs. He also set a tariff of Rp 190 million [about US$14,630] for the service," said Bondan. Prosecutors also demanded a fine of Rp 1 billion for Citra. Indonesia has fallen under international scrutiny in recent years for its use of the death penalty. Despite repeated calls from human rights activists, President Joko "Jokowi" Widodo has insisted that drug convicts should be executed, saying that drug misuse claims the lives of thousands of Indonesians every year. (source: The Jakarta Post) SUDAN: Further delay to trial of death row pastors The trial of 2 Sudanese pastors who face death if convicted has been postponed for the 2nd time in 2 weeks. Rev Hassan Abduraheem and Rev Kuwa Shamal face at least seven charges including waging war against the state and espionage, which carry the death penalty as the maximum sentence. They are on trial with 2 other mean, Petr Jasek and Abdulmonem Abdumawla. The hearing, which was due to take place on 31 October in Khartoum, was rescheduled, as the judge was absent. Last week, a hearing scheduled for 24 October was postponed to 31 October, because the judge was out of the country. Christian Solidarity Worldwide, which is monitoring the case, told Premier it was concerned the delays would mean the men would not get a fair trial. There has already been several other delays to the case, including a 3-week adjournment for the translation of documents. The case against the pastors centres on money given to a young man who was injured in a protest against the state. CSW's Chief Executive Mervyn Thomas said: "We are concerned by the continuing delays in the trial. "Fair trial principles stipulate that criminal proceedings should occur within a reasonable time. In this case, the constant postponements due to the absence of the judge or prosecutor or failure to transport the men to court are prolonging proceedings unnecessarily, which is unacceptable, given the length of time these men have already spent in custody. "We continue to call for the unconditional and immediate release of these unjustly detained men. In the event the trial continues, we urge the government of Sudan to ensure it proceeds in line with fair trial principles outlined in Article 7 of the African Charter on Human and Peoples Rights, to which Sudan is a party." (source: premier.org.uk) SOUTH AFRICA: Clive Derby-Lewis,
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA., NEB., CALIF.
Nov. 4 TEXAS: Fort Worth man guilty of capital murder in deaths of boy, 2 women A Fort Worth man was found guilty of capital murder Thursday for shooting his pregnant girlfriend, her 10-year-old brother and their 39-year-old mother. Amos Joseph Wells III elected to not to have anyone testify on his behalf in the guilt/innocence phase of his case, paving the way for the Tarrant County jury to begin deliberations. Wells, 26, was accused of killing his estranged 22-year-old pregnant girlfriend, Chanice Reed; her mother, Annette Reed, 39; and Chanice's 10-year-old brother, Eddie McCuin Jr., inside the family's east Fort Worth house on July 1, 2013. Wells just shook his head as one of his relatives stormed out of the courtroom crying and shouting: "You all are just murderers. No DNA. Just murderers." Tarrant County prosecutors are seeking the death penalty. A defense motion asking the court to set aside the death penalty was denied July 13. The jury was released for the remainder of Thursday and instructed to return to the courtroom Friday to begin hearing evidence in the punishment phase. In his closing arguments, Tarrant County Prosecutor Kevin Rousseau told jurors there should be no doubt in their minds that Wells was guilty of killing Annette and Chanice Reed. Rousseau projected the evidence of the defendant's guilt on a screen under the label "Amos Wells is Guilty" and showed it to the jury. Among the evidence was the fact that 12 shells were missing from a box of ammunition found in Wells' room - the exact number of shells used at the residence where first responders found the 3 mortally wounded victims. Prosecutors also showed the jury that all the bullets came from the same type of handgun authorities believe were used in the slayings. Wells surrendered to Forest Hill police, asking to be shot and killed, prosecutors said. (source: Fort Worth Star Telegram) PENNSYLVANIA: Kevin Murphy execution date for 3 murders set, quickly stayed State Corrections Secretary John Wetzel signed a notice of execution Wednesday for an Indiana County man convicted in 2013 of 1st-degree murder for shooting his mother, sister and aunt just seven months after the state Supreme Court upheld his death sentence. However, department of corrections documents indicate the death warrant setting Kevin Murphy's execution for Dec. 19 was almost immediately stayed this morning, allowing the 55-year-old a chance to appeal. The state Supreme Court upheld Murphy's death sentence in March. A Westmoreland County jury convicted him of shooting Doris Murphy, 69; Kris Murphy, 43; and Edith Tietge, 81, at Ferguson Glass in Loyalhanna Township on April 23, 2009. The 3 women worked at the family business, which Kevin Murphy owned. Murphy used a .22-caliber revolver to shoot the women in the head because they disapproved of his romantic relationship with a married woman and didn't want her live at the family home near Saltsburg, police said. The jury imposed the death penalty for Doris Murphy's killing and imposed life sentences in the deaths of Kris Murphy and Tietge. In prior appeals, Murphy has argued prosecutors failed to prove he was the killer and the verdicts were against the weight of the evidence. In a 14-page last spring, 5 Supreme Court justices disagreed. "Viewed in its totality, we find the Commonwealth presented sufficient evidence to enable a reasonable jury to find all elements of the crimes of 1st-degree murder beyond a reasonable doubt," they said in an opinion authored by Chief Justice Thomas Saylor. Jurors imposed the death penalty based on evidence Murphy "deliberately and maliciously" killed his relatives, according to the opinion, and prosecutors "plainly established ... aggravating circumstances found by the jury, given the multiple killings involved." Justices Max Baer, Debra Todd, Christine Donohue and Kevin M. Dougherty joined in the opinion. Justice David N. Wecht did not participate in the proceedings. Gary Heidnik was the last person to be executed in Pennsylvania in 1999 for murdering 2 women he had imprisoned and tortured in the basement of his Philadelphia home. Murphy is incarcerated at SCI Greene in Waynesburg. (source: triblive.com) NORTH CAROLINA: Black juror's dismissal, death penalty revisited in double homicide A black man facing execution for a pair of South Asheville murders could come off death row, brought on by a recent U.S. Supreme Court decision regarding racial bias in jury selection and a woman who arrived at the Buncombe County courthouse wearing a cross earring and Tweety Bird shirt. That woman, Wanda Jeter, was called as a prospective juror in the 1997 sentencing of Phillip Antwan Davis, who had already pleaded guilty to 2 counts of 1st-degree murder, the 1st for fatally shooting his 17-year-old cousin, and then shooting and attacking her mother with a meat cleaver. The only
