[Deathpenalty] death penalty news----TEXAS, GA., ARK., NEB.
Nov. 15 TEXAS: Rep Dutton Files Bills to Abolish the Death Penalty and Prohibit Death Sentences in Law of Parties Cases Rep. Harold Dutton of Houston today filed HB 64, a bill to abolish the death penalty in Texas. Rep. Dutton also filed HB 147, a bill to prohibit the death penalty for people convicted under the law of parties. Jeff Wood received a stay of execution in August 2016 after many legislators expressed support by writing clemency letters to Gov. Greg Abbott. Wood received a stay of execution from the Texas Court of Criminal Appeals pending further review. Rep Dutton first filed a bill to abolish the death penalty in 2003, which was the 1st abolition bill filed in the Texas Legislature in a long time up to that year. Everyone opposed to the death penalty should thank Rep Dutton for his leading role in the effort in the Texas Legislature to end the death penalty. It was an exciting day back in 2003 when Dutton's abolition bill was heard in the House Criminal Jurisprudence Committee. That was the 1st time an abolition bill was heard in a Texas legislative committee in the modern era, and maybe ever. In 2017, we will hold another lobby day to abolish the death penalty. In 2015, during the Texas Lobby Day to Abolish the Death Penalty, we went with two death row exonerees, Ron Keine and Sabrina Butler of Witness to Innocence, and met with State Senator Eddie Lucio, Jr to ask him to file a bill in the senate to abolish the death penalty, which he filed 2 weeks later. It was the 1st-time ever a bill to completely abolish the death penalty had been filed in the Texas Senate. (source: Texas Moratorium Network) GEORGIAimpending execution//volunteer The Latest: State: Inmate Should Be Asked If He Wants Appeal Lawyers for the state of Georgia say a death row inmate set for execution this week should be asked whether he wants an appeal filed on his behalf. Steven Frederick Spears is set to be put to death Wednesday. He was convicted in the August 2001 slaying of his ex-girlfriend Sherri Holland at her home in Dahlonega, about 65 miles northeast of Atlanta. A lawyer on Monday filed a "next friend" petition on behalf of his ex-wife, saying that Spears hasn't pursued post-conviction legal options to fight his execution because he's mentally ill. The petition asks a judge to set a hearing to consider problems during his trial and sentencing. In a filing Tuesday, the state asked the judge to ask Spears whether he wants the petition to go forward. They also ask that an expert examine him by Wednesday "in an abundance of caution" since his competency has been challenged. (source: Associated Press) ARKANSASnew death sentence Jury Sentences Mauricio Torres to the Death Penalty The jury that found Mauricio Torres guilty of capital murder have sentenced him to the death penalty. On Monday, a jury found Torres guilty of murdering his 6-year-old son Isaiah Torres. Isaiah Torres died on March 30, 2015. Police said Isaiah Torres died as a result of severe child abuse. The defense said Mauricio Torres didn't knowingly cause his son's death, so he didn't deserve capital punishment. Isaiah Torres' mother, Cathy Torres, also faces a capital murder charge and is set to go on trial at a later date. (source: nwahomepage.com) NEBRASKA: Low IQ score won't save Nikko Jenkins from death penalty Maybe it was because he would have to go along with being called intellectually disabled in scientific terms - dumb in slang terms. Maybe it was because it wasn't on his agenda Monday. Whatever the case, convicted killer Nikko Jenkins wanted no part of his attorney's attempts to disqualify him for the death penalty based on his last IQ test - a test that saw him score a 69 at age 17. Such a score meets the standard for what Nebraska law calls "mental retardation." And the U.S. Supreme Court has forbidden executions of people who suffer from mental retardation. No matter, Jenkins said. "I would like to waive this IQ testimony," he said, interrupting his attorney during his capital-punishment proceedings. "I'm not portraying that I'm under the threshold to procure the death penalty." Jenkins' attorney, Douglas County Public Defender Tom Riley, pressed on anyway. "I'm not going to sit here and watch him put a noose around his own neck," Riley said. "The overriding aspect we have here is that, whether Mr. Jenkins agrees with it or not, he falls under the statute that precludes capital punishment (for the learning disabled). "This (death penalty hearing) should end here and now." It will last most of the week. After 4 hours of testimony, District Judge Peter Bataillon rejected the low IQ argument. For one, it was an abbreviated test, given to a group of incoming prisoners - and not a more thorough, individual IQ test. For another, the prison psychologist who administered the test said Jenkins "completed it in an
[Deathpenalty] death penalty news----worldwide
Nov. 15 NIGERIA: 25 years jail term or death penalty awaits land grabbers, as Amosun signs bill into law Governor Ibikunle Amosun of Ogun State has signed a Bill into law which prescribed 25 years jail term or death penalty for anybody found guilty of land grabbing in the state. The Bill "H.B. No. 03/2016 - A bill for a law to prohibit forcible entry and occupation of landed properties, violent and fraudulent conducts in relation to landed properties, armed robbery, kidnapping, cultism and allied matters and for other matters incidental thereto or connected therewith" was passed a month ago by the state House of Assembly making land grabbing or forceful takeover of landed property in the state a criminal offence. Singning the Bill on Monday after the Speaker of the House of Assembly, Suraj Adekunbi, led some of the lawmakers to present a clean copy of the bill to him, the Governor said that Ogun State would not be made a safe haven for criminals, adding that whoever flouts the law would face the consequences according to the provisions of the law. He said, "We want to let people know that Ogun State will not be comfort zone for any criminal or so-called omo oniles (land grabbers). They have engaged maiming, killing and lawlessness. But now, the law will go after them. "We are now having enabling law to prosecute and anybody that runs foul of this law, of course, will have himself or herself to blame. "To the kidnappers, they know that this is their end. Anybody that involves himself in kidnapping, armed robbery and all these social vices will not be allowed in Ogun State. I want to believe that with the operation of this law, criminals will run away from the state." Commissioner of Police, Ahmed Iliyasu, who addressed journalists after the bill was signed pledged to enforce the law. He said, "This is a clarion call to all criminals, armed robbers, kidnappers, cultists and so on that there is no place for them in Ogun State. They should relocate because there is no room for them. We are ready to enforce the law." (source: worldstagegroup.com) SOUTH KOREA: Prosecution wants death penalty for child abusers The Supreme Prosecutors' Office said Monday it will seek the death penalty for those indicted for child abuse when the child dies for any reason. The prosecution will get tougher on child abusers in response to a growing public outcry, including seeking the death penalty. The Supreme Prosecutors' Office said Monday it will seek the death penalty for those indicted for child abuse when the child dies for any reason. It will also seek detention of suspects before an official probe to ensure a thorough investigation. This tougher stance reflects growing public demand for harsher punishment for child abusers. "There has been much criticism from the public and within the prosecution regarding the level of punishment given to child abusers," a Supreme Prosecutors' Office official said. "The demanded level of punishment seemed to differ from whether or not the case received media attention. Therefore, we have set these measures as a baseline for future cases." The Supreme Prosecutors' Office also issued a guideline to prosecutors to seek additional punishment for those obliged to report child abuse, such as nursery teachers, teaching staff, the medical profession and child welfare institution employees. The guideline will also extend to parents, guardians and distributors or makers of child pornography. (source: The Korea Times) TURKEY: Boris Johnson urges EU to go soft on Turkey's plan to reintroduce the death penaltyThe Foreign Secretary warned against pushing President Erdogan into a 'corner' Boris Johnson stunned his EU foreign minister counterparts this afternoon by calling on the bloc to tone down its opposition to Turkey reintroducing the death penalty, it has been reported. Diplomats present at the foreign ministers' meeting in Brussels said that Mr Johnson had warned against pushing Turkey "into a corner" over the issue. President Recep Tayyip Erdogan backed the return of the death penalty this summer after he purged over 100,000 potential political opponents from the country's civil service and arrested opposition political parties. Turkey could put EU talks to a referendum next year, says Erdogan With Turkey still on paper a candidate for EU ascension and the abolition of the death penalty a condition of joining the bloc, a number of European countries have called for a halt to Turkey???s accession negotiations. One diplomat described Mr Johnson's intervention as "unbelievable", according to The Financial Times newspaper. Mr Johnson told the room that some EU states had previously taken time to abolish the death penalty in the 1980s and 1990s - and that this had no been an automatic bar on membership. Foreign diplomats and ministers in the room are said to have interpreted Mr
[Deathpenalty] death penalty news----OHIO, NEB., CALIF., USA
Nov. 15 OKLAHOMA: ACLU says Oklahoma's Gov. Fallin is not complying with Open Records Act The American Civil Liberties Union of Oklahoma asked a judge Monday to order Oklahoma Gov. Mary Fallin to comply with public record requests that have been pending for more than 2 years. Brady Henderson, the group's legal director, filed a motion for summary judgment in his lawsuit demanding records for 2 organizations, 1 investigating death penalty cases and the other examining the nursing home industry. His filing seeks a decision without the need for trial. Such judgments are typically granted when the facts of a case are not in dispute and the legal merits of a case are clear. Henderson said his case achieves this threshold because there is no conflict on details of what was requested and when, and Oklahoma's Open Records Act clearly states the public is entitled to prompt, reasonable access to public records. Stay Informed: Read all the coverage from the Oklahoma state capitol One of the plaintiffs has waited 848 days for records and the other has waited 915 days. There is no way the state has been prompt and reasonable in these instances, Henderson said. "This is probably one of the most serious lacks of transparency and accountability we have ever seen in Oklahoma government," Henderson said. "A lot can happen in 900 days and that's the problem. The Open Records Act here in Oklahoma isn't just about giving us records. It's not just about seeing what government is doing on our dime. What it's also about is being able to react to that. And that means at the ballot box. "What the governor's office has done is taken so long in attempting to respond to the Open Records Act requests that an entire electoral cycle fits in the interim." Michael McNutt, a spokesman for Fallin, said the governor's office does not comment on pending litigation. The ACLU is representing the Oklahoma Observer, a newspaper that is seeking public records associated with the denial of clemency to 2 offenders who were executed. In the other case, the ACLU is representing A Perfect Cause, a nonprofit organization seeking records as part of its mission to protect nursing home residents. (source: The Oklahoman) NEBRASKA: Death penalty hearing starts after IQ questioned After a long motion hearing convicted spree killer Nikko Jenkins' death penalty hearing started in Douglas County District Court on Monday afternoon. Jenkins is convicted of killing Jorge Ruiz, Juan Pena, Curtis Bradford, and Andrea Kruger in a 10-day span after being released from prison in the summer of 2013. The 3-judge panel is made up of Judge Peter Bataillon, Judge Terri Harder of the 10th Judicial District, and Judge Mark Johnson of the 7th Judicial District. Monday morning, attorneys argued if Jenkins' IQ was high enough for him to even have a death penalty hearing. A test when he was first incarcerated in 2003 suggested his IQ was 69. Nebraska law says if a person's IQ is under 70 they cannot be executed. Jenkins himself objected to his own attorney's questioning, and wanted to get right to the 3-judge panel. "I want to expose this tampering with physical evidence, this perjury that these officers committed before I was ever charged," Jenkins described. Judge Bataillon denied the defense???s motion and found Jenkins competent to proceed with the death penalty hearing. Jenkins insists on testifying in his own defense and Douglas County Public Defender Tom Riley told the judge he may withdraw as Jenkins' counsel. "I'm not going to sit here and watch him put a noose around his neck because he doesn't know what he's doing," Riley explained. Prosecutors say they have the evidence to show Jenkins committed the 4 murders, and that there are up to 9 aggravators to make him eligible for the death penalty. They called 1 witness on Monday before recessing for the evening. The captain from the Nebraska Corrections Dept. in Tecumseh testified about how he was assaulted by Jenkins in 2009 when he escorted him to a family funeral. Jenkins was convicted in that assault. Judge Bataillon told Jenkins he may give him time to make a statement on Tuesday when court resumes (source: KMTV news) CALIFORNIAnew death sentence Hercules: Jury says death for convicted killer A Southern California man was sentenced to death Monday for the brutal murder of a popular retired kindergarten teacher following his escape from jail and resulting crime spree up the state. Darnell Washington, 27, the 1st person in 4 years to receive the death penalty in Contra Costa County, did not react to the jury's reading. He was convicted in September of murdering Susie Ko, 55, a Hercules resident who was finishing a gardening project in October 2012 when Washington broke into her home, stabbed her to death and made off with her car. Washington had escaped from a San Bernardino County jail weeks
[Deathpenalty] death penalty news----TEXAS, GA., ALA., OHIO, KY., TENN.
Nov. 15 TEXASimpending execution Child killer John Battaglia is mentally unfit to be executed, psychologists say John Battaglia, the former accountant who murdered his daughters while their mother listened helplessly on the phone in 2001, appeared in a Dallas County courtroom Monday as a judge considered whether he's mentally fit to be put to death. Battaglia, 61, is set to be executed Dec. 7. But first, a judge must rule on his competency. Under Texas law, an inmate cannot be executed if he does not understand why he's being executed or that execution is imminent. Battaglia shot his daughters, 9-year-old Faith and 6-year-old Liberty, inside his Deep Ellum loft in 2001. He had arranged a call with his ex-wife, who listened on the phone as the older girl begged for mercy. "No, Daddy! Don't do it!" Faith pleaded, before the phone line exploded with gunfire. The act flung Battaglia into infamy as people in Dallas and around the nation struggled to comprehend why any father would shoot his children -- and then go get 2 roses tattooed on his arm in their memory. A Dallas County jury sentenced him to death in 2002. Prosecutors believe Battaglia has enough understanding to go forward with the execution. Defense attorneys argue that his mental illness and "delusions" should spare him. His execution was first postponed in March to give the courts time to sort out this issue. Battaglia wore square glasses and an orange-and-white striped jumpsuit during his court appearance Monday. He listened for much of the day, but occasionally laughed, whispered loudly to his lawyer or turned around to look at spectators in the gallery. At one point, he shouted out that it was all a "conspiracy." 3 psychologists testified that Battaglia suffers from delusional disorder, a mental illness characterized by having unshakable beliefs in things that aren't true. They disagreed on whether he has bipolar disorder and narcissistic personality disorder. All testified that Battaglia is mentally incompetent for execution -- but for different reasons. Dr. Diane M. Mosnik, a clinical psychologist who spent 16 hours with Battaglia to test and interview him for the defense, said Battaglia meets one criteria for competency: He knows he has an execution date scheduled. But she said he fails the second: he doesn't understand why he's being put to death. Battaglia believes he's being executed not because he shot his children, but because of a conspiracy to "quiet him," one that involves everyone from the attorneys and judges in his case to religious figures, such as the pope, Mosnik said. 2 other psychologists -- Dr. Timothy Proctor, called by the state, and Dr. Thomas G. Allen, called by the court -- drew a distinction between a factual and rational understanding of the case. Battaglia factually understands that he is on death row because he was convicted of killing his children, they said. But they also said he does not rationally understand that he murdered his daughters; his mental illness makes him believe he didn't do it. That lack of "rational understanding" makes him incompetent to be put to death, the psychologists testified. It will be up to the judge to interpret whether -- or how -- the "rational understanding" rule applies. State District Judge Robert Burns pushed the psychologists for more information about whether Battaglia, an intelligent man who once passed the CPA exam, could be feigning mental illness to skirt the death penalty. 2 psychologists testified that Battaglia was not faking it. Burns also questioned whether delusional thinking comes as a coping mechanism. "If you personally committed a really heinous offense," he asked the state's psychologist, Proctor, "how would you not, at some point in the passage of time, create some kind of a delusional explanation for what you did?" Proctor said the judge was "hitting the nail on the head of the fine distinction we're talking about." He said it's one thing if an inmate tells a story to make themselves feel better; it's another if he truly doesn't understand because mental illness has altered his reality. Faith and Liberty's mother, Mary Jean Pearle, was in court for her ex-husband's hearing, but left without comment. Battaglia's father -- also named John -- was also there. He said he hopes action will be taken to "cure" his son. "The last thing he would have done if he were sane is kill those 2 girls," he said of his granddaughters. A ruling is not expected until at least Tuesday, when testimony continues. The judge could rule from the bench then, or wait to make a decision. (source: Dallas Morning News) GEORGIAimpending execution//volunteer Board to Hold Clemency Hearing for Georgia Death Row Inmate The state parole board plans to hold a clemency hearing for a Georgia inmate scheduled for execution this week. Steven Frederick Spears is to be put to death
