[Deathpenalty] death penalty news----GA., LA., NEB., CALIF.
Nov. 16 GEORGIAexecution Georgia executes 8th inmate this year -- most in nation The State Parole Board denied a last-minute clemency request from the family of Steven Spears. The convicted killer was executed by lethal injection at the state prison in Jackson at 7:30 p.m. Wednesday night. Spears was the the 8th man killed in Georgia so far this year. That passes Texas for most in the country. Georgia seems to have an express lane to the lethal injection chamber," said 11Alive legal analyst Phil Holloway. "I really think it's just a coincidence though. You have a lot of people whose appeals are running out at the same time." The 8 executions are the most in more than 1/2 a century. In 1957, the state killed 16 men. Despite the milestone number this year, the number of death penalty convictions is drastically down.That's because juries in Georgia stopped routinely awarding the death penalty years ago. Up until 2000, there were about 10 death penalty convictions a year. Since then the average has been closer to 2. In fact in 2015, there wasn't a single death penalty conviction in the state. "Now that life without parole is a possibility, I think it gives jurors something to think about. So prosecutors seek the death penalty less frequently and juries give out the death penalty less frequently," Holloway said. What's unusual about the Spears case is that he never once appealed his conviction or sentence. Sherri Holland told her family that her ex-boyfriend Steven Spears was dangerous. Shortly after Holland ended their three-year relationship, Spears waited for her in her son's closet. He was convicted of tying her up, taping a plastic bag over her head and watching her smother to death. "She had told family and friends of the situations that had been going on between him and her," former Lumpkin County Sheriff Jimmy Berry told 11Alive at the time. According to court records, Spears admitted to investigators he had killed Holland, saying that he did it because he loved her. "Normally, prisoners are fighting against the execution all the way up until the bitter end. They have friends, they have family, they have lawyers petitioning everybody up until the very last minute. Not in this case, that's why this is so unusual," Holloway said. Despite Spears apparently wanting his execution, his lawyers and even an ex-wife did appeal on his behalf. They argued Spears was abused and neglected as a child. Ultimately, the state parole board denied those objections. The Office of the Attorney General sent out this statement: The lawfully ordered execution of Steven Frederick Spears for the 2001 murder of Sherri Holland was carried out this evening at 7:30 p.m. at the Georgia Diagnostic and Classification Center in Jackson, Georgia. The sentence was carried out after the United States Supreme Court denied Spears' request for a stay of execution. Spears becomes the 8th condemned inmate to be put to death this year in Georgia and the 68th overall since the state resumed capital punishment in 1983. Spears becomes the 18th condemned inmate to be put to death this year in the USA and the 1440th overall since the nation resumed executions on January 17, 1977. (sources: WXIA news & Rick Halperin) LOUISIANA: How will a Trump White House impact the death penalty in Louisiana? The unexpected victory of Donald Trump over Hillary Clinton has spilled a series of questions about how a Trump presidency might impact the death penalty -- for decades a lightning rod for debate in criminal justice. 19 states have outlawed death sentences while a relatively small number of other states -- including Louisiana -- regularly sentence people to death, reflecting the deep divide on the issue. But Louisiana experts say they don't expect the incoming 45th president to significantly impact the existence or use of capital punishment in the state. Trump has branded himself as a law-and-order candidate and has trumpeted the use of the death penalty in certain situations. At the same time, most voters in 3 states that considered death penalty measures took pro-capital punishment positions. It all points to a detente for states like Louisiana, a pro-death penalty state that incarcerates more people per-capita than anywhere else in the world, experts said. "I don't think Louisiana has ever been a candidate to repeal the death penalty, and I don't see that changing one way or another," said Marjorie Esman, director of Louisiana American Civil Liberties Union. Trump's biggest impact on the death penalty could be his appointment of a new U.S. Supreme Court justice, said Esman. She said the court has hinted it might take up the issue in the near future. In addition to picking a president, voters in three states considered ballot initiatives related to the death penalty. In all 3 - California, Nebraska and Oklahoma - most voters sided with a
[Deathpenalty] death penalty news----worldwide
Nov. 16 PHILIPPINES: DoJ explains death penalty The Justice department on Tuesday asked the House sub-justice committee on judicial reforms to be given more time to defend its proposal to reimpose death penalty in the country. Appearing before the panel presided by Leyte Rep. Vicente Veloso, Justice Secretary Vitaliano Aguirre was having a hard time answering queries from Albay Rep. Edcel Lagman as to whether capital punishment has been proven effective to deter heinous crimes. "[As of the moment], I have no empirical data to measure the reaction of people to show that because of this fear of the penalty, the commission of crime will be less," Aguirre told the House panel. But he said based on his personal experience, people would be discouraged from committing crimes when they know the death penalty is in effect and will be imposed commensurate to the gravity of crimes they commit. Lagman stressed Congress needs to have cold data and hard statistics on the proposal to reimpose death penalty "so we can validate statements truly after execution cases of drug trafficking and drug abuse has decrease," Lagman said. There should "verifiable evidence," Lagman said. Aguirre also said that death penalty was not actually abolished but merely suspended. "It's always there.. it was not abolished... and that it may be reimposed where there are compelling reasons," Aguirre said. One of the sub-committee members, Para???aque Rep. Gus Tambunting, said the death penalty should be studied well. "Does Government have the right to take away the life of a human being, especially with our flawed justice system. Won't it be anti poor? Will the rich who can leave the country and hire expensive lawyers, get away with it?" Tambunting said as he asked several questions to be considered by Congress before passing a proposal to revive death penalty on heinous crimes. Veloso had earlier stressed the need for Congress to conduct extensive hearings on death penalty, saying restoring the penalty of death on heinous crimes involves administration of justice. He also cited the Constitution and jurisprudence relative to the deliberation on the death penalty proposals. (source: thestandard.com.ph) SINGAPORE: Halt execution now Singapore must immediately halt the execution of Chijioke Stephen Obioha, a Nigerian national on death row for possession of drugs, Amnesty International said today. On Wednesday, Chijioke Stephen Obioha???s family was informed that his appeal for clemency has been rejected. He is set to be executed on Friday 18 November 2016. "The Singapore government still has time to halt the execution of Chijioke Stephen Obioha. We are dismayed that clemency has not been granted in his case but remain hopeful that they won't carry out this cruel and irreversible punishment against a person sentenced to the mandatory death penalty for a crime that should not even be punished by death," said Rafendi Djamin, Amnesty International's Director for Southeast Asia and the Pacific. "The death penalty is never the solution. It will not rid Singapore of drugs. By executing people for drug-related offences, which do not meet the threshold of most serious crimes, Singapore is violating international law. Most of the world has turned its back on this ultimate cruel, inhuman and degrading punishment. It is about time that Singapore does the same, starting by restoring a moratorium on all executions as a first step towards abolition of this punishment." Amnesty International opposes the death penalty in all circumstances, regardless of the method of execution or the crime for which it is imposed, and believes that there is no credible evidence that the death penalty has a unique deterrent effect. Background Chijioke Stephen Obioha was found in possession of more than 2.6 kilograms of cannabis in April 2007, surpassing the amount of 500 grams that triggers the automatic presumption of trafficking under Singapore law. Under Singaporean law, when there is a presumption of drug possession and trafficking, the burden of proof shifts from the prosecutor to the defendant. This violates the right to a fair trial by turning the presumption of innocence on its head. Drug-related offences do not meet the threshold of the "most serious crimes" to which the use of the death penalty must be restricted under international law. International law also prohibits the imposition of the death penalty as a mandatory punishment. Amnesty International opposes the use of the death penalty outright, regardless of the crime. As of today 103 countries have abolished the death penalty for all crimes and 141 are abolitionist in law or practice. (source: Amnesty International) INDIA: SGPC urges Pranab Mukherjee to have mercy on Beant Singh's assassin The Shiromani Gurdwara Parbandhak Committee (SGPC) has sought clemency from President Pranab Mukherjee in
[Deathpenalty] death penalty news----ARK., CALIF., ORE., USA
Nov. 16 ARKANSASnew death sentence Sentence is death in killing of Arkansas boy, 6; abuse by father was fatal in 2015 Defense Tactics The defense team for Mauricio Torres submitted a list of mitigating circumstances for reasons not to impose the death sentence in his case. Some of the factors included: -- Torres was under the domination of another person. -- The murder was committed by another person and Torres acted as an accomplice. -- Torres had no previous criminal history. -- Torres was abandoned by his mother and grew up without her. -- Torres was an occupational therapist assistant who helped others overcome their injuries. -- Torres did not intend to kill his son. -- Torres attempted to revive his son and is remorseful about the death. -- Torres suffered health problems from being obese. [source: Staff report] Mauricio Torres showed no emotion Tuesday as he was sentenced to death by lethal injection for killing his son. Torres, 45, of Bella Vista stood at the defense table with his 3 attorneys as the jury entered the courtroom for sentencing Tuesday. Benton County Circuit Judge Brad Karren then read the sentences to a silent courtroom. The jury -- 7 women and 5 men -- recommended a death sentence for capital murder and 20 years in state prison and a $10,000 fine for the battery conviction after deliberating for 2 hours and 20 minutes. The trial lasted 5 days. Torres was stoic throughout the trial and reacted only once -- shaking his head during testimony of a 21-year-old woman who said he raped her when she was a child. Torres did not testify. Karren followed the jury's recommendation and sentenced Torres to die by lethal injection. He set the execution for Nov. 15, 2017. Torres will receive an automatic appeal and the date will be set aside, but Karren is required by law to set an execution date. Torres declined to make any statements in court after the sentences were announced. Benton County sheriff's deputies then took Torres from the courtroom. A jury on Monday found Torres guilty of capital murder and 1st-degree battery in the death of 6-year-old Maurice Isaiah Torres, who died March 30, 2015, at a Bella Vista hospital. A medical examiner testified that the boy's death was caused by a bacterial infection as a result of being sodomized with a stick. The medical examiner also testified that chronic child abuse contributed to the child's death. "I'm gratified that the jury gave this crime the punishment that it deserves," said Nathan Smith, Benton County's prosecuting attorney. "I think the death penalty was the appropriate punishment in this case. If anyone on earth deserves the death penalty, it's Mauricio Torres." Smith described Torres as a serial child abuser who committed "vile and despicable acts" on Isaiah and other children. "I think justice was served," said Bella Vista police Capt. Tim Cook, the lead detective on the case. Kim Anderson of Springdale was an alternate juror for the trial. Anderson sat through the trial with the other jurors but did not vote or take part in any of the deliberations. She described the experience in starkly contrasting terms. "It was quite touching, but also very traumatic," she said Tuesday. Anderson said she was impressed with the way the legal system operated in the case. She said the law, as it was presented to the jury, left no choice in a verdict. She quoted a Latin phrase -- res ipsa loquitur, meaning, "the thing speaks for itself "-- to describe the case presented to the jury. "The law took the emotion out of the process," she said. "I saw a system work as it was intended to. I personally think it was a very tough decision but one that would have to be made. If we were to follow the law, it was the only decision that could be made. It was tough but right." At trial, prosecutors showed photographs of Isaiah's body. Bruises, some old and some fresh, covered much of his body in the photographs. The jury listened to an interview in which Mauricio Torres confessed to Cook that he put a stick in Isaiah's rectum as punishment. Torres told Cook that his wife, Cathy, became angry and shoved the boy down on the stick. Cathy Torres is charged with capital murder and 1st-degree battery. Her trial is scheduled for May. Isaiah's 9-year-old sister testified that she saw her father put the stick in her brother's rectum during a Missouri camping trip. She also described other instances in which their father abused Isaiah. During the sentencing phase, prosecutors presented 5 witnesses who testified that Torres either physically or sexually abused them as children. Mauricio Torres' father and uncle testified Tuesday on his behalf. Smith told the jury in closing arguments that a death sentence was a just punishment. "Isaiah received a sentence from his father," Smith said. "I'm asking you to give a just sentence to his father." Jeff Rosenzweig, one of
[Deathpenalty] death penalty news----TEXAS, VA., GA., FLA., IND.
Nov. 16 TEXAS: The Supreme Court Asks What It Means To Have An Intellectual DisabilityResearchers say that Texas has invented a nonscientific diagnosis based on a crude stereotype in order to execute people with an intellectual disability. In April 1980, 20-year-old Bobby James Moore and two other men attempted to rob the Birdsall Super Market in Houston. Moore carried a shotgun, and one of his accomplices had a pistol. As an accomplice opened a bag to fill with money, Moore, wearing a wig and sunglasses, pointed his gun at 2 store clerks. When one of the clerks shouted, Moore shot the other in the head, killing him instantly. Moore has been on death row for 36 years. His guilt is not in question, but his lawyers say he does not have the mental capacity to justify executing him for his crime. In 2002, the Supreme Court ruled that executing someone with an intellectual disability is a "cruel and unusual punishment," prohibited by the Eighth Amendment. Now, in the court's new term, Moore's case will require the justices to consider how to define intellectual disability. Psychologists typically diagnose intellectual disability with tests of a person's IQ and "adaptive behavior," meaning the interpersonal and practical skills needed for everyday life. The tests examine a broad range of abilities, including whether the person can clothe and feed themselves, handle money, read and write, and whether they are gullible and easily led. But in Moore's case, the state of Texas instead relied in part on a stereotype based - literally - on a tragic character from John Steinbeck's Of Mice and Men. Leading medical and scientific organizations claim that Texas conjured up this bizarre literary standard to prevent people on death row from being deemed to have a disability. But 16 other states that use the death penalty have lined up in support of Texas, arguing that this issue should not be ceded to "a small professional elite" - that is, doctors and scientists specializing in intellectual disability - who may be motivated by their opposition to the death penalty. The stakes are high, and not only because Texas - responsible for more than 40% of the 841 executions in the United States since 2000 - has the most active death row in the nation. "There are other states that deviate from the clinical consensus of what intellectual disability is," John Blume, a legal scholar who heads the Cornell Death Penalty Project, told BuzzFeed News. So if the court takes a firm line on how adaptive behavior should be measured, the decision could reverberate beyond the Lone Star State, forcing all states to align their assessments with scientific standards. This isn't the 1st time that the Supreme Court has been asked to define intellectual disability. In 2014, in an opinion written by Justice Anthony Kennedy, the court ruled that Florida was wrong to use a rigid cutoff of 70 IQ points or less. Today's IQ tests, which are set so that 100 points is the average score, have a measurement error of 3 points or more. This means that any score should be considered as a range, not an absolute value. After that court decision, Florida reduced the sentence of convicted killer Freddie Lee Hall, who had scored 71 on one IQ test, from death to life in prison. Moore's case is expected to hinge not on IQ, but on the trickier measures of adaptive behavior. Although standardized tests for adaptive behavior give scores similar to IQ, they are not always used, and different states measure adaptive behavior in different ways. In 2004, when ruling on the case of Jose Garcia Briseno, convicted of murdering a sheriff, the Texas Court of Criminal Appeals took inspiration from a character in Of Mice and Men: Lennie Small, a lumbering migrant worker who understands neither the world around him nor his own strength, and ends up killing a woman who flirts with him. "Most Texas citizens might agree that Steinbeck's Lennie should, by virtue of his lack of reasoning ability and adaptive skills, be exempt," Judge Cathy Cochran wrote in her opinion. But she questioned whether the scientific definitions of "mental retardation" should apply to the death penalty. Calling the measurement of adaptive behavior "exceedingly subjective," Cochran proposed seven questions, now called the "Briseno factors," to help judge whether a convicted killer has the intellectual capacity to justify facing the death penalty. She did not specify exactly how they should be used. The Briseno factors use specific abilities - such as whether the person can lie, and whether their crime required planning - to judge whether someone has a disability, rather than assessing every aspect of their adaptive behavior. Experts say the Brise???o factors do not reflect modern clinical standards of disability. "It's not how adaptive behavior is measured by anyone, anywhere, and it sets an unreasonable standard,"
