[Deathpenalty] death penalty news----TEXAS
Feb. 22 TEXAS: Supreme Court blocks death sentence over racial bias The Supreme Court blocked the execution of a Texas murderer Wednesday because of racially discriminatory testimony presented by his own defense team. The 6-2 ruling was the second in the court's new term to overturn a death sentence, and it could be a harbinger of things to come. The justices heard another death penalty case from Texas in November that hinges on a prisoner's intellectual disability. Chief Justice John Roberts delivered the ruling in favor of Duane Buck, who was sentenced to death following the testimony of a defense witness in 1996 who said he would be more dangerous in the future because he is black. The testimony "said, in effect, that the color of Buck’s skin made him more deserving of execution," Roberts wrote. "No competent defense attorney would introduce such evidence about his own client." The effect of that testimony, Roberts said, "cannot be dismissed as de minimis. Buck has demonstrated prejudice." Texas had agreed several years after Buck's sentencing to reconsider the sentences of seven prisoners following similar testimony, but they excluded Buck from the list because the prosecution was not to blame. But Roberts said such testimony from the defense is even worse. "Buck may have been sentenced to death in part because of his race," the chief justice said. "As an initial matter, this is a disturbing departure from a basic premise of our criminal justice system: Our law punishes people for what they do, not who they are." Justices Clarence Thomas and Samuel Alito dissented. Thomas wrote that the racial testimony was secondary to "the heinousness off petitioner's crime and his complete lack of remorse" for having shot and killed a former girlfriend. At oral argument in October, it was clear a majority of justices would not let the death sentence stand. Even Alito, a former prosecutor known for being tough on crime, said "what occurred at the penalty phase of this trial is indefensible." Still, several justices were concerned that Buck's challenge was not raised in time, and that a ruling in his favor could lead to a flood of other challenges from prisoners whose convictions have been considered final. Roberts sought to avoid that outcome by writing a decision tied directly to the facts in Buck's case. (source: USA Today) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----worldwide
Feb. 22 TURKEY: Turkish President Resurrects Death Penalty Issue Protesters chant, "We want the death penalty|," as 40 soldiers are led into an Ankara court. The soldiers are accused of trying to assassinate President Recep Tayyip Erdogan during a failed coup in July, in which more than 250 people were killed. Erdogan, touring the country to rally support for an April referendum to extend his presidential powers, promised to bring back the death penalty. "If parliament passes the law to bring it back, I will sign it, and pay my debt to the martyrs of our country," Erdogan said to thousands of supporters in the Turkish city of Kahramanmaras Friday. The death penalty was abolished by Erdogan when he was prime minister in 2004 as part of the country's bid to join the European Union; but its return would be popular among many nationalists and conservative voters who support him. With anger still felt toward those behind the coup attempt and a resurgence in terror attacks by Kurdish insurgents, analysts predict returning the death penalty is a vote winner. "There is a great yearning by the people to hang 'the bastards;' I really think people feel that way," says political consultant Atilla Yesilada of Global Source partners; but Yesilada says Turkey will pay a high price. "If it is ever introduced, the EU has no choice but to cut the umbilical link to Turkey." EU warning The European Union has warned Ankara its bid to join would be automatically frozen, but, with that bid making little progress because of opposition from some members, there is growing resentment among many Turks toward the European Union. Erdogan said he is not going to listen to Europeans, referring to them as "Hans and George." At the Kahramanmaras rally, Erdogan told his supporters, ???I listen to the Ayses and Ahmets of our country," referring to traditional Turkish Muslim names, while adding, "I listen to the words of God." Analysts say such rhetoric plays well with large sections of the electorate, underscoring his message of the need for a strong president with strong powers. Many, however, are predicting the death penalty issue will be quietly forgotten after the April referendum. "I always believed that the death penalty rhetoric was more to consolidate the alliance with the nationalists, but eventually it would be dropped," said analyst Sinan Ulgen, a visiting scholar of the Carnegie Europe policy group, "because of the very high cost of introducing the death penalty in Turkey, the very high political and economical cost this would entail."P> Risks involved Notably, Devlet Bahceli, the leader of Turkey's main nationalist party, the MHP, has not, so far, echoed the president's latest call. Analysts point out the return of the death penalty would inevitability exacerbate the country's already deep political and ethnic divisions, if members of the Kurdish rebel group the PKK were executed. Any break with the EU would also threaten to further destabilize the country's vulnerable economy. "We have seen how severely the markets reacted the day the European parliament voted to suspend the accession process which was only a non-binding resolution," notes consultant Yesilada, recalling November's vote. "I would imagine how severe the markets would react if the EU was to freeze accession talks. It's really a bad scenario." Analysts also point out that despite Erdogan's tough referendum campaign rhetoric of not only calling for the death penalty, but also regular EU attacks, behind the scenes, there is another story. "What we are seeing now is a realistic assessment by both the EU and Ankara," Ulgen said, adding, "that despite the difficulties, this relationship remains of critical importance for both sides." Pragmatism is being widely predicted to prevail over the death penalty, in the face of calls from Erdogan's grassroots, and many nationalists; but, given the country is set to face a crucial general and presidential election within 2 years, few are predicting with any certainty the death penalty controversy will end soon. (source: Voice of America News) SRI LANKA: Indian migrant labourer charged with murder of Lankan colleague An Indian immigrant labour was charged at the Magistrate's Court here today with the murder of his Sri Lankan colleague 2 weeks ago, New Straits Times of Malaysia reported. No plea was recorded from the accused, Durga Rao Ketali, 30, when the charge was read by the court interpreter before Magistrate Adibah Husna Zainal Abidin. Durga is charged with the murder of Sumith Nishantha Silva Appu Kankanamalage at Padang Buluh Estate, Jalan Sidam Kiri here, about 9pm on Feb 9. He is charged under Section 302 of Penal Code which carries mandatory death penalty if convicted. Inspector Sharol Niza Serat prosecuted while the accused was not represented. The court fixed April 2 for mention pending an autopsy report. It was
[Deathpenalty] death penalty news----OHIO, W. VA., IND., ARK., COLO., UTAH, IDAHO, USA
Feb. 22 OHIOnew death sentence 50-year-old man sentenced to death for the 1987 murder of a 75-year-old woman in Euclid A 50-year-old man has been sentenced to death for the murder of a 75-year-old woman in Euclid. According to the Cuyahoga County Prosecutor Andre Jackson was convicted of aggravated murder, aggravated robbery and sentenced to death for the murder of Emily Zak. On June 25, 1987 Jackson murdered Zak in a laundromat in Euclid where she worked. Jackson kicked, punched and stomped Zak to death, he then pushed her head in a toilet. The Cuyahoga County Prosecutor said Jackson stole the cash register and register keys. Jackson has filed a retro-active Atkins Claim. This is an Eighth Amendment principle requiring juveniles and those with mental retardation to be excluded as classes from the death penalty. (source: WOIO news) *** Court considers constitutionality of Ohio execution process A federal appeals plans to consider arguments over the constitutionality of Ohio's lethal injection process as the state tries to start carrying out executions once again. At issue is whether a contested sedative, midazolam, is powerful enough to put inmates into a deep state of unconsciousness before 2 subsequent drugs paralyze them and stop their hearts. A related issue is whether Ohio has a realistic chance of finding an alternative drug - a barbiturate called pentobarbital - that once was widely used in executions but has become difficult or, in Ohio's case, impossible to obtain. The 6th U.S. Circuit Court of Appeals in Cincinnati had scheduled arguments for Tuesday, but reset them for March 7. The court's ruling, likely a few weeks afterward, will be closely watched not just in Ohio but in other states that use midazolam or might be looking to try it. The case reached the court after Ohio appealed a federal judge's ruling that rejected the state's current 3-drug method. Executions have been on hold since January 2014 when inmate Dennis McGuire took 26 minutes to die under a never-before-tried two-drug method that began with midazolam. The same drug was involved in a problematic execution later that year in Arizona. Ohio announced its 3-drug method in October, and said it had enough for at least 4 executions, though records obtained by The Associated Press indicated the supply could cover dozens of procedures. The prison system used 10 milligrams of midazolam on McGuire. The new system calls for 500 milligrams. The state said there's plenty of evidence proving the larger amount will keep inmates from feeling pain. Ohio also said the U.S. Supreme Court upheld the use of midazolam in 2015 in a case out of Oklahoma. "Ohio has the capability to perform constitutional executions now. It should be permitted to do so," Thomas Madden, an assistant attorney general, said in Ohio's appeal. Attorneys for death row inmates said Magistrate Judge Michael Merz got it right in last month's ruling, when he said that the "3-drug midazolam protocol creates a substantial risk of serious harm." Those attorneys also said the U.S. Supreme Court case involved evidence unique to Oklahoma. And they said Ohio has an alternative option: finding pentobarbital. Ohio disagrees, and said that over time it asked 7 states in vain for the drug. Of the 7, only Georgia, Missouri and Texas appear to have reliable sources of pentobarbital when needed. Those states won't reveal the source. On Feb. 10, Republican Ohio Gov. John Kasich delayed 8 executions to allow time for the appeals court arguments. Ronald Phillips, who was scheduled to die Feb. 15 for raping and killing his girlfriend's 3-year-old daughter in Akron in 1993, is now set for execution May 10. (source: Associated Press) WEST VIRGINIA: Shepherd to host panel discussion on death penalty The Shepherd University Common Reading Program, George Washington Institute of Living Ethics and Shepherd University Foundation will sponsor a panel discussion titled "Sick Behind Bars: The Ethics of the Incarceration of the Mentally Ill." The event will be Thursday, March 2, at 7 p.m. in the auditorium at the Robert C. Byrd Center for Congressional History and Education. Panelists will include: -- Richard Dieter, former executive director of the Death Penalty Information Center -- Jim Auxer, clinical psychologist at Eastern Regional Jail and mayor of Shepherdstown, W.Va. -- Don Patchell, a clinical psychologist at the Hope Center at the Veterans Affairs Medical Center in Martinsburg, W.Va. -- Michael Lorensen, 23rd Judicial Circuit judge The discussion will be moderated by Amy Hampton, a lecturer in Shepherd's Department of Social Work. Admission to the event is free. (source: heraldmailmedia.com) INDIANA: State asks U.S. Supreme Court to take up Kubsch death penalty case If state officials have their way, the death penalty case stemming from a 1998
[Deathpenalty] death penalty news----N.H., PENN., DEL., VA., S.C., FLA., ALA.
Feb. 22 NEW HAMPSHIRE: Still fighting the death penalty in NH To the Editor: Now is the time for all concerned citizens who are interested in abolishing the existing death penalty in New Hampshire to come to our aid. Almost 3 years ago, I started the Monadnock Concerned Citizens group to repeal and abolish the death penalty in New Hampshire. I'm now a member of the board of directors of the New Hampshire Coalition to abolish the death penalty, and the 2 groups haven't given up on our goal, but we are facing 3 major hurdles: 1. A new proposed bill, HB 351 expands the death penalty to anyone who causes the death of someone 18 years or younger. 2. The NHC is operating on a very small tight budget, and we need your financial help. Donations can be made to NHCADP, P.O. Box 632, Concord, NH 03302. 3. The current governor, and the Senate majority are pro-death supporters. The new governor and legislators will control repealing or adding new laws for the next two years. We must now kill HB 351 and you can help. Donate and call your representative to vote against the bill, if it comes to the floor. I will continue to work with both groups, and keep you informed through radio and newspapers. DALE PREGENT--Keene (source: Letter to the Editor, Union Leader) PENNSYLVANIA: DA considering death penalty in double-homicide The Lycoming County district attorney is considering seeking the death penalty against Jordan Rawls if he is convicted in a 2016 double-homicide case, according to the court administrator. A 2nd attorney will be hired for the defense. Rawls, 24, of 1024 Race St., is 1 of 2 suspects charged in the Oct. 31 double homicide of Kristine Kibler, 50, and her son, Shane Wright, 25, in their home on Poplar Street in Newberry. During their meeting Tuesday morning, the county commissioners considered hiring E. J. Rymsza, at $125 per hour, as a 2nd attorney in the defense of Rawls. District Attorney Eric R. Linhardt confirmed he is considering seeking the death penalty, but he stressed a final decision has yet to be made. "Mr. Rawls is potentially eligible for the death penalty because there are multiple victims and because the murders occurred during the course of a robbery," Linhardt said. "There are 2 penalties available to us: Life without parole or death." By law, 2 attorneys must be hired for a death-penalty case, according to J. David Smith, county solicitor. Adrianne Stahl, court administrator, said Rymsza will attempt to find mitigating evidence in the case in an effort to convince Linhardt not to pursue the death penalty. The estimated cost for attorney fees in a death-penalty case could run at least $200,000, not including other court costs, said Stahl. If Linhardt decides not to pursue the death penalty, the attorney fees would be roughly $50,000, she said. Linhardt said the cost of prosecution is only one of many factors considered. "Ultimately, the most important factor is whether we conclude that of the penalties available, Mr. Rawls most deserves death," Linhardt said. Ronald Travis, also at $125 per hour, was the 1st attorney hired to handle the case. Stahl said if Rymsza is able to find enough evidence to convince Linhardt not to pursue the death penalty, then his contract will end and Travis will remain the sole attorney. "2 heads are better than 1," Stahl said. She said hiring Rymsza could "save someone's life and the county lots of money." "Spending a little bit now could save the county a lot of money down the road," Commissioner Rick Mirabito agreed. The commissioners will vote to approve the agreement with Rymsza during their Thursday meeting. (source: sungazette.com) DELAWARE: Dover man on death row resentenced to life in prison A Dover man on death row for 1st-degree murder has had his death sentence vacated, officials from the Delaware Department of Justice confirmed Tuesday. Juan J. Ortiz, who had been on death row since 2003, is now sentenced to mandatory life in prison without benefit of probation or parole. Ortiz had been convicted of 1st-degree murder for the 2001 shooting death of his live-in girlfriend Deborah Clay. Court documents in that case show Ortiz had shot his girlfriend with a 12 gauge shotgun while she was taking a shower and then set their mobile home on fire. Last year the Delaware Supreme Court ruled the state's death penalty as unconstitutional. The Court declared that ruling as retroactive, meaning the state's death row inmates would be resentenced. (source: WMDT news) VIRGINIA: U.S. Supreme Court rejects appeal from Virginia death row inmate who shut down Virginia Tech's campus in 2006 The nation's highest court on Tuesday refused to hear the appeal of a Virginia death row inmate who killed a hospital security guard and sheriff's deputy during an escape that sparked a massive manhunt that shut down Virginia Tech's campus in 2006.
