[Deathpenalty] death penalty news----TEXAS
April 7 TEXASstay of impending execution Texas court halts execution of man amid claims of false evidence The Texas Court of Criminal Appeals has halted the execution of Paul Storey, which was set for Wednesday. In a three-page order Friday afternoon, the court sent the case back to the Tarrant County trial court to review claims regarding the prosecution presenting false evidence at Storey’s trial. In 2008, Storey, 32, was sentenced to death for the 2006 murder of Jonas Cherry during a robbery of a miniature golf course where Cherry worked in Hurst, near Fort Worth. At the trial, the prosecution said that Cherry’s parents wanted the death penalty. The Texas Tribune thanks its sponsors. Become one. “It should go without saying that all of Jonas [Cherry’s] family and everyone who loved him believe the death penalty was appropriate,” the prosecution said during the penalty phase of the trial, according to Storey’s appeal. Storey and Cherry’s parents, Glenn and Judith, say that’s not true. The Cherrys wrote to Gov. Greg Abbott and the Board of Pardons and Paroles in February, asking for a life sentence for Storey. The Cherrys said they never wanted the death penalty and made that clear to the prosecution, according to Storey’s appeal. “As a result of Jonas’ death, we do not want to see another family having to suffer through losing a child and family member ... due to our ethical and spiritual values we are opposed to the death penalty,” the Cherrys said in their statement. Sven Berger, a juror in Storey’s trial who recently asked Texas legislators to change jury instructions in capital cases, also wrote an affidavit for Storey’s recent appeal. In his affidavit, Berger said had he known the Cherrys didn’t want death, he would have “held out for a [sentence of] life without the possibility of parole for as long as it took.” Now, the trial court has been ordered to determine whether the fact that the Cherrys opposed the death penalty could have been discovered by appellate attorneys earlier. Generally in death penalty cases, if evidence could have been raised at an earlier appeal and wasn’t, it is not allowed to be used in future appeals. This evidence was brought forth to the courts less than two weeks before his execution. The appeal claims the evidence of the Cherrys’ disapproval of the sentence was learned only in the past 90 days. But the Court of Criminal Appeals said it’s not yet clear whether his previous state appellate attorney could have learned about the Cherrys’ beliefs. “The trial court is ordered to make findings of fact and conclusions of law regarding whether the factual basis of these claims was ascertainable through the exercise of reasonable diligence on or before the date the initial application was filed,” the order states. “If the court determines that the factual basis of the claims was not ascertainable through the exercise of reasonable diligence on or before the date the initial application was filed, then it will proceed to review the merits of the claims.” Storey’s appeal said the evidence of false claims warrants him a new punishment hearing, where he either could be sentenced to death again or receive a life sentence without the possibility of parole. (source: Texas Tribune) * Executions under Greg Abbott, Jan. 21, 2015-present24 Executions in Texas: Dec. 7, 1982present-542 Abbott#scheduled execution date-nameTx. # 25-May 16---Tilon Carter--543 26-May 24---Juan Castillo--544 27-June 28--Steven Long---545 28-July 19-Kosoul Chanthakoummane---546 29-July 27-Taichin Preyor-547 (sources: TDCJ & Rick Halperin) ___ 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----TEXAS
April 7 TEXAS: Dallas County district attorney's office to show mercy to 'lost souls' The new Dallas County district attorney and her first assistant view the people who go through the criminal court system as "lost souls or monsters." Faith Johnson says her job as district attorney doesn't always call for toughness; sometimes justice requires mercy. "We're compassionate where compassion is needed. We're merciful when mercy is needed," she said Tuesday night at a community forum at Concord Church in Red Bird. It was the 1st of what Johnson says will be a quarterly forum to answer questions and explain how the local criminal justice system works. Johnson, a Republican and former judge, was appointed in December by Gov. Greg Abbott to replace Susan Hawk, who resigned in September to focus on her mental health. Johnson, the 1st black woman to become Dallas County district attorney, has said she plans to run for the office when her term expires next year. In her first 90 days in office, she has attended more than 140 community events and meetings. She regularly takes her prosecutors to lunch to get to know them and their work. She is often 1st to the office and last to leave. "I have been getting only four hours sleep so I can restore the relationship between the community and the DA's office," Johnson said. Her top priority has been to facilitate an expungement program to clear some criminal records. The crimes must be non-violent and meet other requirements. And for the people whose crimes can't be erased, Johnson wants to help them clear their public criminal records so they don't have trouble getting a job or qualifying for housing. "We want them to get a job," she said. "Share the load of the taxes." She said those efforts are part of being just. It's the same reason she says she wants to boost the DA's office conviction integrity unit, the group that has overseen the reversal of wrongful convictions. And when asked about her approach to the death penalty, Johnson said it's her job to abide the law, and execution is legal in Texas. But, she said, Dallas County prosecutors will pursue the death penalty only when they are "darn sure that that's what we need to do." She said that's part of her oath: to uphold the law for everyone. "I'm going to do what's right by you. I don't care who you are. You could be black, white, purple, green," Johnson said. "You could be rich, poor. You could live in North Dallas, south, east, west. I got you. I got you. I'm here for you." First Assistant District Attorney Mike Snipes called Johnson the "real deal" and said she has a compassionate approach to the job. "We're going to take care of the lost souls. We're going to try to rehabilitate them. We're going to try to reintegrate them into society," he said. As for the monsters: "The judge and I are coming after them." (source: Dallas Morning News) *** Lost souls, not monsters Re: "New DA pledges she'll uphold law for everyone -- Restoring the public's trust is crucial, Johnson says at her first forum," Thursday Metro story. I am pleased that the current district attorney speaks of compassion and mercy for those she refers to as "lost souls." It is commendable that she seeks the reintegration of nonviolent offenders back into our society so they can hopefully lead productive lives. It is unfortunate and inexcusable that Faith Johnson's office uses language to dehumanize those who may have committed violent offenses. To be sure, violent offenders need to be punished and imprisoned, as society has a fundamental right to be safe. But such offenders are not "monsters." The law allows district attorneys to use judicial discretion to seek the death penalty; they are certainly not obligated to do so. It would be refreshing and humanizing to see our district attorney show true mercy to all offenders, and to see her extend justice in the name of the law while recognizing the inherent truth about human rights: There is no such thing as a lesser person. Rick Halperin, Dallas, Director, Embrey Human Rights Program at Southern Methodist University (source: Letter to the Editor, Dallas Morning News) ___ 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
April 7 EGYPT: Rights group: 485 death penalties issued in Egypt Some 485 Egyptians have been handed the death penalty between 30 June 2013 and the end of December 2016, the Egyptian Observatory for Rights and Freedoms revealed today. In a report, the Swiss based organisation said that in 50 cases all processes have been exhausted, including appeals to the highest courts, and so the judgments are final and enforceable. Entitled "No end in sight for the systematic injustice", the report said: "The trials of these cases lacked the basic standards of fair trials (...) the lack of an independence military judiciary contributed to this." Thousands of political detainees throughout the country have been subjected to legal and legislative violations because they are referred to military courts, even though they are civilians. The report criticised "the successive authorities in Egypt for legalising military trials of civilians after the revolution of 25 January 2011, and turning them into an integral part of the justice system, rather than an exception." (source: Middle East Monitor) GAZA: Human Rights Watch blasts Hamas executions Human Rights Watch on Thursday condemned Hamas, after the terrorist group executed three men in Gaza who were accused of "collaborating" with Israel. In a statement quoted by AFP, the organization urged Hamas to stop the "barbaric" practice. The executions were carried out after Hamas vowed revenge for the killing last month of one of its top terrorists, Mazen Faqha, which it blamed on the Israeli intelligence agency Mossad and its Palestinian "collaborators". The men who were hanged on Thursday were not implicated in the killing of Faqha but were accused of past acts of "treason and collaborating," a Hamas interior ministry statement said. In response , Human Rights Watch said, "The abhorrent executions by Hamas authorities of three men in Gaza deemed to be collaborators project weakness, not strength." "Hamas authorities will never achieve true security or stability through firing squads or by the gallows, but rather through respect for international norms and the rule of law," it added. Human Rights Watch cited data from the Gaza-based Palestinian Center for Human Rights as saying that Hamas had now executed a total of 25 Palestinian Arabs since violently seizing power in Gaza in 2007. Hamas regularly claims to have captured "Israeli spies", and many times it tries them and sentences them to death. Amnesty International has in the past called on Hamas to stop the executions of suspected collaborators, saying that the group "must immediately and totally cease its use of the death penalty." In theory all execution orders in the Palestinian Authority's (PA) territories must be approved by PA chairman Mahmoud Abbas, who is based in Ramallah and who imposed a moratorium on executions several years ago. Hamas no longer recognizes Abbas's legitimacy, and has in the past emphatically declared that the death penalty in Gaza can be carried out without his consent. (source: Israel National News) INDOENSIA: Clemency plea for Hongkonger on death row in JavaChief executive's office steps in as man convicted of drug trafficking in Indonesia faces execution Chief Executive Leung Chun-ying's office has made a formal plea for clemency to the Indonesian authorities for a Hong Kong man who has been sentenced to death for drug trafficking. With the clock ticking for 39-year-old Anika Lai Shiu-cheung on the Nusakambangan Island, the notorious "Execution Island" in Central Java, Leung's office confirmed it had recently sent a letter to the Indonesian consulate in Hong Kong asking for clemency. Details of the letter were not disclosed. Consul general Tri Tharyat told the Post that the letter had already been forwarded to the Indonesian foreign ministry. "After that, the consulate general will observe the process undertaken by the officials in Jakarta," the diplomat said. Asked if he believed Lai's claims that he was beaten up by the Indonesian police and that he was innocent, Tri said Lai had already been given the opportunity to state his arguments in all 3 layers of legal proceedings - the lower, higher, and top courts. "We have faith in the legal system. But I can't comment on the outcome of the proceedings," Tri said. Lai's 69-year-old mother, Shiu Yuk-chee, is desperate to see her only child come home. "He told me he did not do it," Shiu said. "He is an honest person. I believe he did not do it." According to Shiu, the saga started in 2013 when a former colleague of Lai asked him to send a batch of preserved fruit from Hong Kong to Indonesia. Lai was told that he would be rewarded with HK$100,000 once the job was completed. But the middleman who was supposed to receive the preserved fruit in Jakarta was nowhere to be seen when Lai arrived in the country. Stranded with a
[Deathpenalty] death penalty news----ARK., OKLA., S.DAK., CALIF., USA
April 7 ARKANSAS: The Process For Arkansas Governors As Executions Are Carried Out What's it like inside the Arkansas Governor's Mansion as executions are carried out? As the state prepares to resume executions after a 12 year hiatus, with 8 inmates scheduled to die by lethal injection this month, KUAR reached out to someone who has inside knowledge. While courts can certainly intervene, before the execution process begins, the governor is asked by prison officials one final time whether to proceed. The last time an execution took place in Arkansas was in 2005 when Republican Gov. Mike Huckbeee was in office. His director of policy and communications was Rex Nelson, who spoke during All Things Considered about being with the governor on those nights. REX NELSON: I was part of the team that was assigned to be with the governor at the mansion. Our chief legal counsel would usually be our point person that would go to the prison where the actual executions took place, but our chief of staff and myself were always with the governor there at the mansion on execution nights. They were awful nights, but unfortunately part of the job here in Arkansas for a governor. MICHAEL HIBBLEN: And the governor is the last say on an execution, I guess outside of the courts. NELSON: Absolutely, he is the last say. The way that we would do it in our administration was that we would have an open phone line down to the execution, near the death chamber, and when the officials there would get ready to carry out the execution, actually the head of the state Department of Correction, it was Larry Norris at that time, would come on the line and say, 'Governor we are ready to proceed. Is there anything that could stop this?' And so literally, the governor does have the last word. I mean, there have been so many movies through the years about a governor on the phone and so forth, but in Arkansas the reality is a lot like those old movies. You're actually holding an open phone line down to the prison. HIBBLEN: What would the governor at that time, Governor Huckabee... were there any last minute issues that he would actually consider? NELSON: Actually, we would have all of the files there on that case in case there was anything needed during that time. Those of us with the governor, and the governor would usually after dinner just sit very quietly and read those files and contemplate what was happening, and it was always just a very solemn, very, very quiet time at the governor's mansion on those nights. And the governor would say 'go ahead,' but you know, things can happen. We actually had a federal court stay issued on the night of a scheduled triple execution at one point, and then that was appealed immediately to the justice on duty for the Supreme Court, which was Clarence Thomas, I remember on that particular night, and the execution was actually carried out on that night. But there are obviously multiple things that can happen so you need legal staff in place; you need others in place with the governor in case things do happen at the last moment. HIBBLEN: And many of the executions that Governor Huckabee carried out were multiple executions and that gets a lot of attention from around the world because it is so unusual. Any thoughts or recollections about the challenges or the mindset of carrying out many executions in one evening? NELSON: I can tell you, whether it's a single, whether it's a double, whether it's a triple, and we had all 3 during the Huckabee administration, there is nothing easy about it. And I don't care if you philosophically support the death penalty, philosophically oppose the death penalty, they are awful nights. They were absolutely the worst part of my job in the 10 years that I spent in the governor's office; there's not even a close 2nd. It was part of my job to be with him (Governor Huckabee), I knew it was hard on the governor also, it was hard on all of us who were there, but it was again, part of the job that you had to do, but there was nothing fun about it. Those were nights that you very much dreaded as a member of the governor's staff if you were on that team either at the prison or with him at the mansion. (source: ualrpublicradio.org) *** Religion enters the death penalty debate A Central Arkansas minister said this week that the debate over the death penalty in Arkansas has weighed heavily on his mind and his heart. "It's not our responsibility that's up to God not to us," Rev. Britt Skarda Sr. told Little Rock television station KARK. Skarda is one of several ministers and pastors to talk about the issue in recent weeks during their sermons. Skarda told KARK that he recently started talking about the issue from the pulpit. "I feel like it is a front to the gospel. The good news of Jesus Christ came to offer forgiveness," Skarda said. Skarda, who serves as senior pastor of
[Deathpenalty] death penalty news----N.C., GA., FLA., ALA., OHIO
April 7 NORTH CAROLINA: Victim's family: Buncombe murder suspect deserves death penalty The man charged with killing a Barnardsville man last month deserves the death penalty, the victim's family said after a Thursday hearing in Buncombe County District Court. Timothy Robert Gallion, 48, of Barnardsville, faces a 1st-degree murder charge and a 2nd-degree arson charge, according to the Buncombe County Sheriff's Office. He is accused of fatally shooting Bobby Ray Pegg II, who was found at 2 p.m. March 23 inside his Barnardsville home in the 600 block of Dillingham Road. Gallion was arrested Wednesday afternoon by the sheriff's office. Pegg had suffered a gunshot wound, authorities said. The sheriff's office did not rule the incident a homicide until the following day after evidence showed there had been foul play. Pegg's friends and family described him as a loving person with no enemies. He had 3 children. Pegg's former girlfriend and mother of his oldest child, Amber Coffey-Phillips, said he was a caring person. "He had a giving nature and oftentimes would give the last of what he had to someone who needed it, even if doing so would cause him to go without," she said. The Asheville-Buncombe Arson Task Force charged Gallion in connection to a fire March 22 at 456 Dillingham Road, which was the former home of Carson's Grocery & Services, according to arson investigator Breena Williams. The Barnardsville Fire Department responded to the incident at 4:31 p.m. that day. When they got on scene it was considered a working fire. The building was a 60 % loss, Williams said. Investigators determined "it was in an area that could not have started any other way than arson," Williams said. "It had to be set intentionally." She could not go into detail on how authorities learned it was Gallion. The sheriff's office had not released any details about what led to his arrest by midday Thursday. Pegg's mother, sister and niece sat in the front row of the courtroom Thursday for about 2 hours before Gallion appeared before a judge. Buncombe County District Court Judge Jerry F. Waddell told Gallion that he has been charged with 2 serious crimes and could face the possibility of the death penalty or life in prison without parole if he is found guilty of 1st-degree murder. If he is found guilty of 2nd-degree arson, he could face a maximum sentence in prison of 47 years, Waddell said. Gallion said he could not afford an attorney and Waddell granted him a court-appointed attorney. Buncombe County Assistant Public Defender Kerry Glasoe-Grant requested the capital defender's office be appointed to defend him, which Waddell approved. Gallion's next court date was scheduled for April 23 in Buncombe County District Court. He will remain in custody at the Buncombe County Detention Facility in lieu of no bond. After the court hearing, Pegg's sister Donna Summey said that Gallion deserves the death penalty and his mother agreed. "He deserves the death penalty," said his mother Jeannette Pegg. "I won't settle for anything else." Gallion and Pegg were friends, according to friends and family. But they said they did not know why Gallion would kill Pegg. Gallion has several pending charges in Buncombe County, according to court records. He has also been charged with felony possession of firearm by felon, driving without registration, driving with no inspection completed, concealing a gun after or while consuming alcohol, driving left of center and resisting public officers, records show. He was scheduled to appear April 12 on those charges, according to court records. A bill of indictment filed Tuesday with the U.S. District Court for the Western District of North Carolina states Gallion had a 12 gauge shotgun March 22 when he has previously been convicted of at least 1 crime punishable by a prison term exceeding 1 year. He had been convicted of discharging a firearm into occupied property. The Grand Jury found probable cause that he was in possession of a shotgun and shotgun shells, according to a bill of indictment. A criminal complaint was filed March 28 outlining events that occurred March 22 involving Gallion. Buncombe County Sheriff's Office Sgt. Trey McDonald received information March 22 that Gallion was wanted on active warrants for communicating threats, an indictment states. "Gallion had threatened to kill his family, law enforcement and himself," an indictment said. He was later located on Whittemore Branch Road. A deputy turned his blue lights on and attempted to stop Gallion but he refused to stop his vehicle and show his hands. Two more deputies arrived on scene preventing Gallion from going anywhere, according to the court document. Gallion attempted to backup, but McDonald put his vehicle in park and asked him to show both of his hands. As McDonald was speaking to Gallion, he noticed a pistol grip of a
