[Deathpenalty] death penalty news----KAN., S.DAK., CALIF., USA
Jan. 7 KANSAS: Competency ruling in Fairmount Park killing delayed Saying "death is different," a Sedgwick County District Court judge on Friday delayed a ruling on whether Cornell McNeal is competent to stand trial in a case that could result in the death penalty. McNeal is accused of grabbing Letitia Davis while she was walking through Fairmount Park in north Wichita on the night of Nov. 14, 2014. He has been charged with raping her, beating her, setting her body on fire and then leaving her for dead. Davis died 8 days later. One of the charges McNeal, 28, faces is attempted capital murder, meaning that if he is convicted the jury could sentence him to death. After receiving a second assessment from Larned State Hospital recommending that McNeal is competent to stand trial, Judge Warren Wilbert said Friday that he was prepared to rule McNeal competent and that the case should proceed. Why case in rape, death of woman in Fairmount Park has stalled A 2nd assessment was ordered after McNeal refused to speak with his court-appointed attorneys or acknowledge inquiries from the judge. He continued that behavior Friday in court, saying nothing to his attorneys and not responding to Wilbert. "Mr. McNeal, you need to know, I think you do - and again we're going through the same exercise where he's just staring straight ahead and acting like he's not going to participate - you need to know, sir, that the state can seek to put you to death," Wilbert said. "So the consequences of a conviction is not just you go to prison. "If the jury determines that you should be put to death, you'll have a death penalty hanging over your head." The alternative to a death sentence upon a guilty conviction is life in prison without possibility of parole, Wilbert said. Mark Rudy, Sedgwick County's chief public defender, requested more time before a competency ruling is made, saying the defense team had hired its own expert to assess McNeal. "We are not accepting the findings of Larned," Rudy said, adding, "This is capital litigation. I'm not going to be stipulating to much of anything" - meaning little will go unchallenged because the defendant could be sentenced to death. The defense's expert is based in Texas and has not completed his assessment, Rudy said. Given the stakes of the case, Wilbert said, he agreed to defer a ruling. A hearing on the status of the case was set for March 14. Sedgwick County District Attorney Marc Bennett said a competency hearing that could be expected to include testimony from both prosecution and defense experts would take place sometime after that. (source: Wichita Eagle) SOUTH DAKOTA: Evaluation ordered for death row inmate A circuit judge on Friday said he wants the attorney for a killer and death row inmate to submit a report detailing his client's mental disability. Judge Doug Hoffman wants to review the report before ruling on a motion filed by prosecutors to dismiss Rodney Berget's death penalty appeal. Berget in August sent a letter to his judge requesting to withdraw his appeal despite the wishes of his attorney. His attorney, Eric Schulte, has argued at previous hearings that the judge should not rule on the motion until he's had the time to determine if his client is mentally diminished. Prosecutors have contended that no evidence exist that shows Berget wasn't competent at the time of his offense or even now. "It remains the State's position that due process has been satisfied," said Attorney General Marty Jackley in a statement. "Testing from throughout Berget's life shows that he is a person of at least ordinary intelligence meeting both federal and state competency requirements. This is a serious and tragic matter, and the state will continue its efforts to move these proceedings forward in a timely fashion." Berget and another prisoner, Eric Robert, killed guard Ronald Johnson during a prison escape attempt in 2011. Berget was scheduled to be executed in May 2015. However, his execution was stayed. Robert was executed in 2012. A 3rd inmate, Michael Nordman, was sentenced to life in prison for providing plastic wrap and a pipe used to kill Johnson. (source: argusleader.com) CALIFORNIA: Tulare County inmates make up 2% of death row There are 749 killers, rapists and molesters condemned to die in California. 14 of those inmates are from Tulare County. In 23 days, Christopher Cheary, a convicted child killer, will become number 15. The Exeter man was sentenced to death by a jury in December. Judge Joesph Kalashian will make the final ruling on Jan. 30. On a per-capita basis, Tulare County juries send people to death row at higher rates than most other jurors in California, including Los Angeles, Alameda, San Diego or Fresno counties. Kings and San Bernadino juries, in contrast, give the ultimate punishment to convicted killers at higher per-capita rates. Juries in
[Deathpenalty] death penalty news----worldwide
Jan. 7 SAUDI ARABIA: Indonesian spared from death row in Saudi Arabia The Indonesian Embassy in Riyadh has secured the release of an Indonesian man who had been on death row in Saudi Arabia for alleged murder, the Foreign Ministry revealed. The man, identified as Syarif Hidayat Anang, was arrested by Saudi authorities in 2013 on allegations of being complicit in the murder of another Indonesian citizen, Enah Nurhasan. He was detained alongside three Saudi citizens in Ahsa in the country's east, according to a statement by the ministry's directorate for the protection of Indonesian nationals and entities abroad. From the outset, the Indonesian Embassy in Riyadh had provided legal assistance, having appointed Saudi lawyer Abdullah Al Mohaemeed to represent Syarif until 2015. Since May 2016, defense duties were taken over by Muhammad Ahmad al-Qarni, another legal adviser. "From the results of an investigation into the case files by the Indonesian Embassy's protection team, we were certain that Syarif was not involved in the murder, and that's why we went all out to secure his release," Dede Rifai, the embassy's consular attache who coordinated the legal efforts, said on Saturday. Syarif was acquitted on all charges on Dec. 12 last year, while the remaining suspects remained on death row. He arrived in Jakarta late on Friday in the company of his legal adviser, following the issuance of his release earlier this week, the ministry revealed. (source: The Jakarta Post) IRANexecutions 3 Prisoners Executed - 2 for Moharebeh 1 for Drug Charges 3 prisoners were reportedly executed at Rajai Shahr Prison on Wednesday January 4. According to confirmed sources, 2 of the prisoners were executed on Moharebeh charges (enmity against God) and the other prisoner was executed on drug related charges. According to the human rights news agency, HRANA, the 2 prisoners hanged on Moharebeh charges were accused of armed robbery. The names of these prisoners are Traub Rashidi and Ali Cheshmeh Noushi. The other prisoner has been identified as "Sajad". He was reportedly transferred to Rajai Shahr Prison from Karaj Central Prison and executed on drug related charges. Iranian official sources, including the Judiciary and the media, have been silent on these executions. Prisoner Hanged on Drug Trafficking Charges At least 1 prisoner, identified as Mohammad Zebardast, was hanged at Lakan, Rasht's central prison, on drug related charges. According to close sources, Mohammad Zebardast's execution was carried out on the morning of Wednesday January 4. A confirmed source tells Iran Human Rights that Mr. Zebardasht was arrested in 2011 for possession of 2 kilograms of crystal meth and 2 kilograms and 800 grams of opium. He was sentenced to death in September 16, 2012 by a court in Rasht (Gilan province, northern Iran) for drug trafficking. Mr. Zebardasht was held in prison from his arrest to his execution. Iranian official sources, including the Judiciary and the media, have been silent about Mr. Zebardasht's execution. Close sources say it is likely that more than 1 prisoner was hanged at Lakan Prison on Wednesday. (source for both: Iran Human Rights) INDIA: December 16 gang-rape: SC seeks affidavits of 4 death row convicts The Supreme Court on Friday asked the 4 death row convicts in the December 16 gang-rape and murder case to file affidavits on the mitigating circumstances for its consideration. A bench comprising Justices Dipak Misra, R Banumathi and Ashok Bhushan asked the counsel for the condemned convicts, who have challenged their conviction and the death penalty in the sensational case, to file the affidavits, detailing the mitigating and other circumstances which favour them. The oral direction came in the wake of submission of senior advocate Raju Ramachandran, who is assisting the bench as an amicus curiae, that the trial court and the high court were "so overwhelmed by the nature of the crime" that they did not follow the proper procedure for sentencing the accused in the instant case. Ramachandran had submitted that the courts below did not consider the mitigating circumstances of individual accused in the case. "The accused and their counsel were not asked questions about their individual backgrounds and the mitigating factors, there was no application of mind to the case of each accused and therefore, no separate reasons were given for the imposition of death penalty on each of the accused," he had said, adding this had resulted in denial of right to equality and protection of life and liberty under Articles 14 and 21 of the Constitution of India respectively. Earlier, the court, which has been hearing final arguments in the case from April 4 last year, had appointed senior lawyers Ramachandran and Sanjay Hegde as amicus curiaes. While Ramachandran would assist the court in
[Deathpenalty] death penalty news----TEXAS, N.C., FLA., ALA., TENN.
Jan. 7 TEXASfemale may face death penalty 'Drug addict' Texas mom smirks in her mugshot after being charged with stabbing her 5-year-old daughter to death and attacking her father-in-law who tried to stop her A mom appears to be choking back laughter in her mugshot after allegedly mutilating and killing her 5-year-old daughter. Krystle Villanueva, 24, is charged with capital murder for allegedly stabbing her daughter Giovanna Larae Hernandez to death. She could face life in prison or the death penalty. Villanueva is also accused of stabbing her father-in-law, Eustorgio Arellano-Uresti, who tried to stop the attack. Mr Arellano-Uresti says that at 11am January 5 he went to go make lunch at the home in Kyle, a town located 25 minutes from Austin. According to KXAN, he saw Villanueva take a knife to her back bedroom then he heard Giovanna crying out in pain. Mr Arellano-Uresti tried to grab the weapon from Villanueva and she attacked him, stabbing him in the forehead and back. Witnesses then saw Mr Arellano-Uresti leave the home and Villanueva run after him with a shotgun that was not loaded. Police and the SWAT team were called to the scene and found Villanueva washing off in the shower. Giovanna was dead in a bedroom. Neighbors were shocked that such a horror could happen in the quiet Green Pastures subdivision. Toxicology reports are still out, but Villanueva's friends said she suffered from drug addiction. They were also in shock that the mother could commit such a crime. Arellano-Uresti alleged his daughter-in-law used drugs, alcohol and marijuana according to the affidavit. Her sister told officers in 2015 she went to a nearby rehab center for substance abuse. Villanueva's friend Sabrine Sifuentez told the station: 'She went to a rehab. She did a 90-day program and she came out good. She was doing good. She had a job. 'She tried to get help. I don't know if she just relapsed, or I really can't say what happened.' On a live Facebook broadcast by KXAN, Sheriff Gary Cutler said: 'This is one of the worst cases I've ever seen.' 'The suspect has had minor issues with law enforcement in the past, nothing major.' She is also charged with second-degree felony charge of aggravated assault with a deadly weapon. In one of the 'About Me' sections on one of her Facebook profiles she says: 'The most important things to me in life is family and succeeding in life but especially my daughter Giovanna La'Rae. I'd do anything in the world for this chick.' Villanueva is being held on a $1.1 million bond at the Hays County Jail. Of the total $800,000 is for capital murder and $300,000 is for aggravated assault. (source: dailymail.co.uk) NORTH CAROLINA: Convicted killer sues, claiming a conspiracy to keep him on death row A convicted killer appeared in New Hanover County court Friday for a hearing related to a lawsuit he filed against several defendants he claims are conspiring to keep him on death row. Shan Carter, 42, is convicted of killing 3 people in 2 separate incidents, including the kidnapping and murder of Donald Brunson on Dec. 6, 1996, and the murders of Tyrone Baker and an innocent bystander, 8-year-old Demetrius Greene, on Feb. 16, 1997. In October 2016, Carter filed the lengthy, handwritten federal lawsuit, naming District Attorney Ben David, Governor Roy Cooper (in his capacity as former Attorney General), and his legal counsel on his appeal of his death sentence among others as defendants. "Between February 18, 1999 to this present date all the defendants at various times between the said dates joined in conspiracies against the plaintiff consisting of a conspiracy to murder the plaintiff by poisonous lethal injection under the color of law in the state of North Carolina's Death Chamber at Central Prison, in Raleigh, NC, malicious communicating threats to murder the plaintiff, kidnapping the plaintiff, tampering with (a civil rights) victim - witness, mail and or wire fraud, aiding and abetting, and circumventing the state criminal procedure that's federally funded," the lawsuit states. In the suit, Carter claims he attempted on at least four occasions to have Cooper investigate his cases because of "trial misconduct," but Cooper refused and "investigated other high-profile, race-based, and political cases." On Wednesday, Johnston County Superior Court Judge Thomas Lock allowed Carter's defense attorneys, William Durham and Kristin Parks, to withdraw from his case, as they could not reasonably defend Carter while attempting to defend themselves. Before the ruling, Lock gave Carter the option to remove Durham and Parks as defendants from the lawsuit, so they could continue to represent him and not delay his appeal by having new attorneys assigned to defend him. He declined. "It's going to take several months, if not more years," David explained. We're ready and have been ready, I've been
