[Deathpenalty] death penalty news----FLA., OHIO, ARK., MO.
August 30 FLORIDA: Judge denies motion to take death penalty off table for man accused of killing 16-year-old with car Attorneys representing Sanel Saint Simon went before a judge Monday seeking to have the death penalty taken off the table in his case due to the ongoing fight between Gov. Rick Scott and State Attorney Aramis Ayala. Saint Simon is accused of using a car in the killing of his girlfriend's 16-year-old daughter in July 2014. His attorneys argued Monday that Scott's appointment of State Attorney Brad King in their client's case amounts to an automatic pursuit of the death penalty by the state. Since Ayala announced her office would not seek the death penalty in any case, Scott has removed her from any pending cases in which the death penalty could be sought. Scott appointed King to prosecute the cases. In every case in which Ayala has been replaced by King, the state has pursued the death penalty, Saint Simon's attorneys argued Monday. "Essentially, what the governor has done is stepped in and stripped away all prosecutorial discretion from Ms. Ayala," 1 attorney said. The judge sided with prosecutors and denied motions to take the death penalty off the table in the case. (source: WFTV news) Rodney Clark guilty of 1987 Lake Worth rape, murder It took 4 hours of deliberation Tuesday for a jury to find 51-year-old Rodney Clark guilty of 1st-degree murder in the 1987 rape and strangling of 27-year-old Dana Fader. The verdict means Clark, of Jackson, Miss., could become the 1st local man to be sentenced to death since the U.S. Supreme Court struck down Florida's old death penalty system in early 2016. Jurors had asked Circuit Judge Charles Burton to listen to hours of testimony from DNA experts who linked Clark's DNA to Fader's dress and a pillowcase found in the backseat of her car. But the panel came back with a decision before listening to that testimony. Circuit Judge Charles Burton set the penalty phase of the trial to begin Sept. 6. Attorneys on both sides of the case will return to court Tuesday to argue preliminary matters in the case. Under the new death penalty laws in Florida, all 12 jurors will have to vote unanimously for a death sentence for Clark to receive the death penalty. (source: Palm Beach Post) OHIOimpending execution Judge to hear Ohio killer's request to delay execution A judge plans to hear arguments from lawyers trying to delay the September execution of a condemned Ohio killer. Attorneys for death row inmate Gary Otte argue the state hasn't shown it can ensure inmates are rendered deeply unconscious during lethal injection. The attorneys say that puts the 45-year-old Otte at risk of suffering serious pain from 2 of the 3 drugs that Ohio uses. Magistrate Judge Michael Merz has scheduled a Sept. 6 hearing in federal court in Dayton for arguments by Otte's lawyers for delaying his Sept. 13 execution. The state is expected to oppose any delay. Otte was sentenced to die for the Feb. 12, 1992, killing of Robert Wasikowski and the Feb. 13, 1992, killing of Sharon Kostura. ()source: The Associated Press) *** Most Ohio death row inmates mentally disabled, report says Most of the 26 men scheduled for execution in Ohio over 3 years have intellectual impairments, mental illness and childhood abuse and should not be put to death, a study by Harvard Law School's Fair Punishment Project concludes. A report released Wednesday looked at all 26 cases of convicted killers set to be executed in Ohio through 2020, beginning with Gary Otte on Sept. 13. It said Ohio is "poised to violate constitutional limits" by executing impaired inmates. "Our research on individuals facing execution in Ohio turned up some absolutely horrifying stories of abuse, mental illness and disability," said Jessica Brand, legal director for the Fair Punishment Project. "In fact, in 88 percent of the cases we looked at, we found significant impairments, many of which were never considered by a judge or jury. This indicates something has clearly gone awry in the state's implementation of the death penalty." Relying on legal pleadings, court opinions and trial testimony, the Fair Punishment Project found 17 of 26 men had serious childhood trauma, including extensive physical and sexual abuse; 6 have mental illness; 11 show "intellectual or cognitive impairment, including brain injury," and 3 were younger than 21 at the time of the crime, an age where the brain is "underdeveloped." "Unless the governor or a court intervenes, over the course of the next two years, Ohio appears poised to violate that constitutional limitation by scheduling the executions of nearly a dozen individuals who have debilitating impairments, including mental illness, childhood abuse, and intellectual disability," the report concluded. Ohio resumed executions July 26 after a 3-year d
[Deathpenalty] death penalty news----NEV., CALIF., WASH., USA, US MIL.
August 30 NEVADA: Death row inmate, attorneys seek more information about expected execution Nevada's 1st death penalty execution in more than 10 years is scheduled for November 2017. But, knowledge of how the inmate will be put to death remains a mystery. On Monday, lawyers for convicted killer Scott Dozier, along with the prosecution were in court arguing over his execution. The defense says the state is not revealing information that should be public about his execution, so they want to know more about the combination of drugs that will be used, along with how the lethal injection will occur. "I need to know what they're going to do," said David Anthony, Assistant Federal Public Defender. "Which drugs are going to be the ones to kill him?" Anthony didn't hold back while in court Tuesday. His client, 46-year-old Scott Dozier is on death row for killing and dismemembering 22-year-old Jeremiah Miller back in 2002. The crime also led police to a 2nd murder victim. Dozier has made it clear that he wants to be executed, but there are still questions about how it will be done. "He expressed to me that he would like answers to these questions," said Judge Jennifer Togliatti, Eighth Judicial District Court. Anthony says the Nevada Department of Corrections, through the Attorney General's Office, has refused to communicate and has ignored Freedom of Information requests. But, on August 17, in a press release, the Department of Corrections, revealed 3 drugs that will be used in the lethal injection process. The DOC also noted, "the department is prepared to carry out the order" on Nov. 14 at Ely State Prison. The attorney general's office argued in court that revealing more poses a safety risk. "We certainly don't want to cause harm to the operations of that facility or the inmates or the staff by disclosing something that should be confidential," said Ann McDermott, NV Attorney General's Office. So, what's next? The DOC is expected to provide more information about the execution to Dozier's defense team. They also plan to make it clear to the court why any other details might be withheld within the next week. The next court date for the matter is Sept.11th. Last week, the Department of Corrections said another inmate could soon exhaust all appeals so another death row case may be coming up shortly. (source: lasvegasnow.com) CALIFORNIA: California's death penalty speed-up is about to be undercut on a case-by-case basis. Here's why. The California Supreme Court's decision upholding Proposition 66, the initiative to speed up the imposition of the death penalty, fails two basic requirements of good judicial rulings: It ignores the language of the law and it ignores reality. Instead of resolving the matter by invalidating an initiative that is unconstitutional and unworkable, it will lead to a great deal of confusion and future litigation. It should have been an easy case: What the law requires is clearly unconstitutional. Proposition 66 says that courts "shall complete the state appeal and the initial state habeas corpus review in capital cases" within 5 years. The word "shall" in a law always means that it is imposing a requirement. Indeed, all 7 justices agreed that the "statute is framed in mandatory terms, and the voters were told in the ballot materials that the 5-year limit on the post-trial review process would be binding and enforceable." Moreover, all seven of the justices also agreed that it violates separation of powers for a law to compel that courts complete their decision-making process within a specified period of time. As Justice Goodwin Liu explained, "All members of the court agree that if the 5-year limit were mandatory, it would undermine the courts' authority as a separate branch of government." That should have made this an easy case: What the law requires is clearly unconstitutional. Instead, in a 5-2 decision, the California Supreme Court did what courts are not supposed to do. It rewrote the initiative so that the 5-year limit is not mandatory, but just "directive" and "an exhortation to the parties and the courts to handle cases as expeditiously as is consistent with the fair and principled administration of justice." Perhaps, though doubtful, this could be justified if it made any sense to have a "directive" or an "exhortation" to do this. But it doesn't because Proposition 66 does not begin to solve the causes for death penalty delays in California. There simply are not enough lawyers qualified to handle death penalty cases. As U.S. District Court Judge Cormac Carney noted, in California, on average it takes 3 to 5 years after a death judgment to appoint appellate counsel. As Justice Liu observed, "in April 2016, there were 49 capital defendants waiting for attorneys to be appointed for direct appeals and 360 capital defendants waiting for attorneys to be appointed for ha
[Deathpenalty] death penalty news----worldwide----S. AFR., SUDAN, INDIA, CHINA, SING., MALAY.
August 30 SOUTH AFRICA: Remains of 10 hanged PAC members to be exhumed The remains of 10 of the Pan Africanist Congress's armed wing Poqo who were hanged from 1963 to 1967, will be exhumed on Thursday. The National Prosecution Authority said the exhumations form part of the Gallows Exhumation Project launched by Justice minister Michael Masutha in 2016 which is aimed at recovering the remains of 130 political prisoners. They were hanged prior to the suspension of the death penalty in 1990. The bodies of the hanged political prisoners remained the property of the state and they were given paupers' burials in municipal cemeteries around Pretoria with families being denied the opportunity to bury them. "At least 60 PAC members were hanged in the 1960s. The 10 PAC members to be exhumed this week arise out of the period of intense political protest in Paarl in 1962 when members of the PAC (Poqo) based in the single men's migrant worker hostels in Mbekweni township undertook a series of campaigns and attacks on suspected informers and white residents," the NPA said. "The period of protest culminated in a mass night time march on the white town of Paarl in November 1962 in which 2 whites were killed. "In all, 9 persons were killed by the PAC protestors that year and 5 PAC protestors were shot dead by police. Mass arrests and trials ensued in the years that followed, and 20 PAC members were ultimately hanged for the events in Paarl. Scores of others were sentenced to terms of imprisonment." The NPA said the remains will be exhumed from Mamelodi West cemetery where they were buried in paupers' graves on the same day that they were hanged. The other 10 PAC members hanged for the events in Paarl will be exhumed in the coming months. The process will be led by the TRC Unit in the Department of Justice and Constitutional Development together with the Missing Persons Task Team (MPTT) in the NPA. The 10 PAC members whose remains will be exhumed this week are as follows: 1. Vezile Jaxa (26) hanged on November 1, 1963 2. Lennox Mngambi Madikane (25) hanged on November 1, 1963 3. Mxolisi Damane (26) hanged on November 1, 1963 The above 3 were the first people to be hanged for the crime of sabotage, for their leadership role in the November 1962 march, rather than any involvement in any deaths. 4. Gadavu Johannes Notyawe (40) hanged on October 14, 1963 He was hanged for the killing of 2 suspected informers, Klaas Hoza and George Tshisa. 5. Gqibile Nicholas Hans (26) hanged on May, 30 1967 6. Baden Koboka (32) hanged on May 30, 1967 7. Jabavu Jonas Mzondi (34) hanged on May 30, 1967 8. Livingstone Fatyela (30) hanged on May 30, 1967 9. Bongezile Edward Sikundla (32) hanged on May 30, 1967 10. Msimasi Wellington Tyobeka (29) hanged on May, 30 1967 These 6 were among 9 persons hanged for the killing of a shopkeeper Maurice Berger. (source: enca.com) SUDAN: President al-Bashir pardons Sudan's human rights defender Sudanese President Omer al-Bashir on Tuesday granted a pardon to the prominent human rights defender Mudawi Ibrahim Adam who was charged with 6 offences, some of which are punishable by death. In a presidential decree released by the official news agency SUNA, al-Bashir ordered to free Mudawi Ibrahim and 5 other people indicted with him and to "put this decision into effect from the date of its signature on Tuesday. Last June, Sudan's state security prosecutor office charged him with 6 offences under the 1991 Penal Code, including espionage and intelligence activities in favour of foreign embassies, undermining the constitutional system and waging war against the state all of these charges carry either the death penalty or life imprisonment. However, on 16 August, the court postponed Adam's trial for the 3rd time due to the absence of 1 of the 5 accused who fled to Egypt. His espouse Sabah Adam expressed her happiness for the release of her husband and regretted his "unjust detention for 9 months without a crime" as she said when reached by Sudan Tribune. She further said they expect his release on Tuesday night or Wednesday morning, but Sudan Tribune can confirm he was released late on Tuesday. For his part, his lawyer Nabil Adib stressed that "the presidential decree dropped all the charges against his client". Ada, an engineering professor and Chair of the non-governmental organisation Sudan Social Development Organisation (SUDO) was arrested on 7 December 2016 by the National Intelligence and Security Services (NISS). (source: Sudan Tribune) *** Sudan student convicted of killing policeman: lawyer A court in Sudan convicted a university student on Tuesday of killing a policeman during protests in the capital last year, a defence lawyer told AFP. Asim Omer, who was studying at Khartoum University, was arrested in December and charged with killing the policeman after hundreds of stu
[Deathpenalty] death penalty news----ALABAMA
Aug. 30 ALABAMA2 new execution dates An execution date for Oct 5 has been set for Jeffrey Borden and another execution date for Oct 19 has been set for Torrey McNabb; both dates should be considered serious. (source: MC/RH) ___ 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
