[Deathpenalty] death penalty news----worldwide
Nov. 5 UNITED KINGDOM/ETHIOPIA: UK Refused Access to British Father 'in Fear for His Life' on Ethiopia's Death Row The British Foreign Office (FCO) has failed for a week to confirm the safety and wellbeing of a British father held on death row in Ethiopia, despite having received reports last weekend that his life was in danger. Last Saturday (28th), the family of Andargachew 'Andy' Tsege, from London, were told by British officials in Ethiopia that Mr Tsege had indicated that he was 'in fear for his life', following disturbances at the prison where he is held. Mr Tsege has been imprisoned unlawfully in Ethiopia since 2014, when he was kidnapped at an international airport and rendered to the country. He is held under an illegal sentence of death, which was imposed in absentia in 2009 in relation to his vocal criticisms of Ethiopia's ruling party. Concerns for Mr Tsege's wellbeing have been growing this week, after the Foreign Office indicated to Mr Tsege's family that it has been unable to establish consular access to him to check on his wellbeing. Yesterday, Minister Tobias Ellwood said in a written statement to MPs that the FCO had not seen Mr Tsege since August this year - an admission which appeared to contradict a recent claim by the Foreign Secretary, Boris Johnson, that "regular consular access" was "now in place." The latest concerns for Mr Tsege come amid criticism of the Government's approach to his case. The FCO has focused recently on requesting legal access for Mr Tsege - a request which the Ethiopian Prime Minister promised to honour in June this year, but has since reneged upon. International human rights organisation Reprieve - which is assisting Mr Tsege - has argued that requesting legal access is ineffectual, because the Ethiopian Government has already stated that there is no legal route by which Mr Tsege will be allowed to challenge his death sentence. Reprieve has asked the UK Government to request Mr Tsege's return home to his family in Britain, but the FCO has refused to do so. Torture is common in Ethiopian prisons, and experts such as the UN Special Rapporteur on Torture have previously expressed concerns about Mr Tsege's wellbeing. Parliament's Foreign Affairs Committee is currently monitoring Mr Tsege's case as part of an ongoing inquiry into the FCO's human rights work overseas. Commenting, Maya Foa, a director at Reprieve, said: "It's shocking that Andy could be in mortal danger, and yet British officials - who haven't seen him since August - seem unable or unwilling to check that he is alive and well. Andy's partner and children in London are sick with worry for him, and their concerns are worsening with every hour that passes. Andy has already suffered a catalogue of abuses - from an unlawful in absentia death sentence, to kidnap, rendition, torture, and over 2 years' illegal detention. Andy is now in fear for his life - what more will it take for the British government to stop cowtowing to the Ethiopians, stand up for the rights of this innocent British father of 3, and secure his return home to his family in London?" Reprieve is a UK-based human rights organization that uses the law to enforce the human rights of prisoners, from death row to Guantanamo Bay. (source: commondreams.org) MYANMAR: Rohingya may face 'death penalty' over Myanmar murders74 suspects held on remand face several charges under Counter-Terrorism Laws and Penal Code, which carry the death penalty A total of 113 people have now been arrested for alleged involvement in last month's attacks in Myanmar's western Rakhine State, some of whom could face the death penalty. 9 border police officials were killed and dozens of weapons and thousands of rounds of ammunition were stolen Oct. 9. when around 400 armed men attacked 3 police station outposts in Maungdaw and Yathay Taung Townships. Myanmar troops have since been searching Muslim villages -- the area is predominantly occupied by the country's stateless Rohingya population -- for the assailants and stolen weapons. On Saturday, Min Aung, a spokesperson for Rakhine's regional government, told Anadolu Agency that troops had arrested 113 suspects during the area clearance operations. "39 of them have been released after being found to have had no role in the attacks," he said, and 74 suspects have been held on remand. "They are now under interrogation." According to a police official in Yangon, the suspects face several charges under Counter-Terrorism Laws and the country's Penal Code. "They probably face the death penalty," said the officer, who asked not to be named as he was not authorised to talk to media. Although some sections of Myanmar's penal code carry the death penalty, in most recent cases it has been commuted to a life sentence. The military's ongoing clearance operations have generated reports of widespread abuse. In the past week,
[Deathpenalty] death penalty news----MONT., ID., CALIF., ORE., USA
Nov. 5 MONTANA: Montana death-row inmates question expert witness' testimony Attorneys for 2 Montana death-row inmates are questioning whether state Department of Justice officials told a witness to change his testimony to bolster their failed argument that a substitute drug met the legal requirements for use in executions. District Judge Deann Cooney has scheduled a Nov. 18 hearing on the issue raised by ACLU of Montana Legal Director Jim Taylor, one of the lawyers representing inmates Ronald Allen Smith and William Gollehon. "Had the expert not changed his testimony, we would not have gotten to trial," Taylor said. "We want to know what happened. We just want a hearing and we've been trying to get a hearing for a year." Department of Justice spokesman John Barnes did not immediately return a telephone message seeking comment. In court documents filed in response to the inmates' request to preserve evidence and re-open the case, Assistant Attorney General Ben Reed said the accusation is groundless and Auburn University pharmacy school dean Roswell Lee Evans' testimony was consistent. At the trial last year, District Judge Jeffrey Sherlock effectively blocked executions in Montana after ruling that 1 of the 2 drugs to be used in lethal injections did not meet a requirement under state law to be an "ultra-fast-acting barbiturate." The state does not have an alternative barbiturate to use in lethal injections. Montana originally used sodium pentothal as the barbiturate, but that drug is no longer available in the U.S. for executions. State officials named pentobarbital as a substitute. State attorneys argued unsuccessfully at trial that pentobarbital, which has never been used in a Montana execution, meets the requirement. Their expert, Evans, wrote an expert declaration in March 2015 that did not address the "ultra-fast acting" question. In April 2015, he supplemented that declaration by adding pentobarbital could be considered "ultra-fast acting" but that it is classified differently. Taylor wrote in his request to re-open the case in March that Evans testified in a separate case in Tennessee in which he was asked about his testimony in the Montana case. According to a transcript, Evans was asked whether the Montana attorney general needed him to say pentobarbital was ultra-fast acting and he wrote that it could be. "Could be," Evans answered. "That's not how it's classified." Based on that testimony, Taylor wrote, it appears state attorneys persuaded Evans to change his original declaration. "A fair reading of Evans' testimony ... is that someone from the Montana Attorney General's Office told Evans that what he had said in his 1st expert report was insufficient, and that he needed to change his opinion to fit what the defense required," Taylor wrote. Reed, in response, wrote that Evans' testimony was consistent because barbiturates are typically classified by duration - "ultra-short acting" - and not rapidity - "ultra-fast acting." When read together, his statements are consistent and explain that while it is not classified as "ultra-fast acting" it could be described that way because the drug's onset is incredibly fast. Evans' "could be" answer to the Tennessee attorney's question addressed what Evans actually wrote in the declaration, not whether the Montana attorney general's office needed him to change his testimony. Taylor said the inmates' attorneys took their concerns to the attorney general's office. They received a response in February that "we took what we believed to be the appropriate actions with the DOJ lawyers involved in the death penalty litigation." The email also said that the state's dealings with Evans had ended. Taylor said the actions the state may have taken against its attorneys in the case merit investigation by the court. Reed responded that the argument is "nebulous and speculative." (source: Associated Press) IDAHO: Death penalty case delayed Accused murderer Erik Ohlson waived his right to a speedy trial in a Driggs, Idaho, courtroom Friday, agreeing to a July 2017 continuation. Ohlson was originally supposed to go on trial for murder in January. "That's a more realistic time frame," defense attorney Jim Archibald said in court. "Mr. Ohlson agrees." Prosecutors didn't object. It gives both teams more time to prepare for the capital case. "We want to try it once and try it right," prosecutor Chris Lundberg told the Jackson Hole Daily. "If you do anything too soon you could ruin the trial," prosecutor Kathy Spitzer said. "It's an overabundance of caution." This is the 1st murder case for both prosecutors. Ohlson, who could face the death penalty, is charged with 2 counts of murder for the July shooting death of his ex-girlfriend, Jennifer Nalley, and their unborn child. "With the death penalty, there will be appeals," Spitzer said. Life in prison is also on the
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., ALA., NEB.
Nov. 5 TEXAS: "An Eye For An Eye" by Israeli Documentary Filmmaker Ilan Ziv Premieres Oct. 28, Shifts Election Focus From Division To Forgiveness The powerful documentary AN EYE FOR AN EYE, comes to select U.S. theaters beginning October 28th with a message of forgiveness and healing for a country racked by divisive rhetoric. Directed by award winning filmmaker Ilan Ziv, AN EYE FOR AN EYE tells the story of death row inmate Mark Stroman, and the friendship he ultimately forges with one of his surviving victims Rais Bhuiyan, who sets about to save Stroman from death row as part of his Muslim faith. As part of the film's message of tolerance and forgiveness, and its anti-death penalty position, film director Ilan Ziv will host select Q & A's following screenings. Film Synopsis: In the weeks following 9/11, dozens of attacks against Muslims, Sikhs and other minorities were reported across America. Among the perpetrators was Mark Stroman, who began "hunting Arabs," as he described his nightly prowling. He set targets on anyone he thought came from the Middle East. His victims happened to be immigrants from Pakistan, Bangladesh and India. He killed 2 and partially blinded a young man from Bangladesh. He was arrested, convicted and sentenced to death. In a rare twist of fate, in the weeks before an impending execution, his only surviving victim became his biggest advocate - Rais Bhuiyan, a devoted Muslim, began a campaign to spare Mark's life in the name of Islam and mercy. With unprecedented access and in-depth interviews, the film charts this riveting drama of revenge, change and forgiveness. At its heart is the profound bond forged between Stroman and the Israeli born filmmaker Ilan Ziv. For the first time in Mark's life, the narrative of hate starts to wear off as he begins a journey inward that challenges some of his most intolerable thoughts about the people and the world he lives in. A powerful human drama that carries a warning and a message of hope in our troubled times. View the trailer for the film at: https://youtu.be/VQkpn92X5Xs (source: digitaljournal.com) PENNSYLVANIA: After mistakenly facing death penalty, confessed Bethlehem killer wins new trial Nearly a decade ago, Paul Serrano III pleaded guilty to a brazen murder in Bethlehem, accepting a life sentence as prosecutors threatened to seek his execution if he went to trial. But this week, Serrano's plea was thrown out and he was granted a new trial, after the justice system realized the death-penalty charges he originally faced were illegal and shouldn't have been brought against him in the first place. That's because Serrano was 17 years old when he self-admittedly gunned down a 15-year-old boy during a gangland hit in which he went to the wrong apartment and opened fire on the wrong person a week before Christmas 2006. Though the shooting occurred just 24 days short of Serrano's 18th birthday, he was protected from the death penalty by a landmark ruling two years before in which the U.S. Supreme Court found it was cruel and unusual punishment to sentence juveniles to death. Chickasaw Country, in south-central Oklahoma, is rich with Native American culture and Western history, an unprecedented destination for lovers of our country's historical landscape. Museums and historic sites will bring it to life, from the trailhead days of yore to the vibrant heritage of today. But his age went unnoticed, apparently, by Northampton County prosecutors, Serrano's own lawyers and the judge. "He was 17 at the time, and they pleaded him out as an 18-year-old," Serrano's latest attorney, Tyree Blair, said Friday. "I don't know how you miss that." On Wednesday, Judge Emil Giordano vacated Serrano's guilty plea to first-degree murder and the life-without-parole sentence that resulted. Giordano found the August 2007 plea wasn't knowing and voluntary, given that Serrano entered into it in exchange for prosecutors withdrawing their efforts to seek his death. "It was overlooked," said District Attorney John Morganelli, who personally handled Serrano's case. "It was overlooked by everyone." Giordano ordered a new trial as the now 27-year-old Serrano rejected a new plea offer from Morganelli. Under it, Serrano would have again admitted to 1st-degree murder, and would have received a sentence of 30 years to life. On Friday, Morganelli called Serrano a "knucklehead" for not taking the deal, saying authorities continue to have a "very good, strong case" against him despite the passage of time. On Dec. 18, 2006, Serrano shot 15-year-old Kevin Muzila in the chest after knocking on the door of the boy's West Union Boulevard home, according to court records. Police said Serrano was carrying out gang orders to kill a man who was a rival drug dealer. But Serrano mistakenly went to the next-door apartment and emptied his pistol without looking to see who answered, police
