[Deathpenalty] death penalty news----TEXAS, VA., S.C., ALA., LA.

2018-03-07 Thread Rick Halperin




March 7



TEXAS:

Presiding Judge Sharon Keller narrowly wins Texas Court of Criminal Appeals 
primary race




Texas Court of Criminal Appeals Presiding Judge Sharon Keller narrowly won the 
Republican primary Tuesday night, overcoming a challenger who knocked her for 
her multiple ethical controversies.


The presiding judge of the Texas Court of Criminal Appeals took a step closer 
to securing another 6 years on the bench after narrowly winning Tuesday's 
Republican primary election.


Incumbent Sharon Keller, 64, beat David Bridges in the primary with about 52 % 
of the vote with 88 % of precincts reporting, according to the Texas secretary 
of state's office.


Keller was first elected to the state's highest criminal appellate court in 
1994, and she has held the lead role as presiding judge since 2001. She and the 
8 other judges on the court handle all death penalty reviews and serve as the 
last resort for all criminal appeals in the state.


Bridges, 62, challenged Keller largely based on her multiple ethical 
controversies over the years, which include a $25,000 fine in 2013 for 
previously failing to disclose nearly $3 million of personal real estate 
holdings and a 1998 opinion refusing to grant a new trial in a rape case 
despite DNA evidence suggesting the convicted man didn't commit the crime (he 
was later pardoned by then-Gov. George W. Bush).


Most famously, she rejected a 2007 final death penalty appeal because the 
lawyers filed it a few minutes past the deadline. Keller insisted, "We close at 
5," and the man was executed that night. The decision brought questions from 
the state Commission on Judicial Conduct, criticism from state legislators and 
earned her the nickname "Sharon Killer."


She said in November that the controversy was behind her and noted that voters 
knew of those incidents when they re-elected her in 2012 - though she didn't 
face a Republican primary opponent on the ballot that year. A Democrat hasn't 
won a statewide office in Texas since 1994.


Bridges serves on the 5th District Court of Appeals, the lower state appellate 
court that covers the Dallas area. He has held his position on that court since 
1997, and his term ends in 2020.


Keller will now face Democrat Maria Jackson, a state district judge in Houston, 
for the general election in November.


Michelle Slaughter also grabbed a Republican nomination for the court Tuesday 
night, defeating 2 primary opponents for the seat of Judge Elsa Alcala, who 
decided in 2016 not to run for re-election.


Slaughter, a state district judge in Galveston County, received nearly 53 % of 
votes with 88 % of precincts reporting, enough to avoid a runoff. She fought 
Bexar County Assistant District Attorney Jay Brandon and state District Judge 
Dib Waldrip of Comal County for the seat. With no Democrats running, she'll 
almost definitely take the seat in the general election this November (one 
Libertarian candidate is also running).


She was the only 1 of the 3 without a criminal appellate background, having 
worked in civil law before becoming a judge. But she also had the most 
conservative endorsements, including backing by Empower Texans, Texas Right to 
Life and numerous local Tea Party groups.


Republican Judge Barbara Parker Hervey is also up for election this year, but 
she was uncontested in the primary election. She will face Democrat Ramona 
Franklin in the general. 3 Texas Supreme Court seats were also up for grabs, 
but none of the positions had contested primaries. Justices Jimmy Blacklock, 
John Devine and Jeff Brown will all face Democratic challengers in November.


(source: Texas Tribune)

**

Capital murder trial of man accused of killing SAPD officer during 2013 chase 
beginsShawn Puente faces execution if convicted




Puente is accused of leading police on a high-speed chase from south San 
Antonio into Wilson County on the night of Dec. 7, 2013. He and his female 
companion, Jenevieve Ramos, 28, were suspected of robbing a San Pedro Avenue 
convenience store.


Officer Robert Deckard, 31, was the lead police officer in the chase as he 
pursued the couple's car into Wilson County, authorities said.


Several shots were fired at Deckard from the suspect's car, officials said. A 
single shot penetrated the patrol car's windshield, hitting Deckard in the 
forehead.


Deckard's patrol car crashed into some trees alongside Interstate 37 as the 
suspect's vehicle continued on into Wilson County, authorities said.


The pair was arrested after they were found hiding in a ditch a few hours 
later, authorities said. They were charged with capital murder.


Deckard died 13 days later in the hospital.

When asked how he pleaded at his trial's opening, Puente claimed he was not 
guilty.


During her opening statement, defense attorney Anne Jimenez told the jury that 
Puente fired the fatal shot.


"This is a complex case," Jimenez said. "Don't rush to a snap decision."

Jimenez said Pue

[Deathpenalty] death penalty news----IND., MO., CALIF., USA

2018-03-07 Thread Rick Halperin





March 7



INDIANA:

Boone County prosecutor 'leaning' toward seeking death penalty against Deputy 
Pickett's suspected shooter




The Boone County prosecutor has filed murder, drug and gun charges against 
21-year-old Anthony Baumgardt, the Lebanon man accused of killing Sheriffs 
Deputy Jacob Pickett last week.


Pickett was gunned down while assisting Lebanon Police in the pursuit of 
Baumgardt and 2 other men as they fled from the scene of an attempt to serve an 
arrest warrant in a Lebanon mobile home park.


Baumgardt was not the officers' original target, but he was recognized as being 
wanted on his own outstanding warrant which led to the pursuit.


Baumgardt faces a charge of murder, 2 counts of possession of methamphetamine, 
2 handgun charges, 2 marijuana charges and a count of resisting law 
enforcement.


He was wounded by Lebanon Police Chief Tyson Warmoth after Pickett was fatally 
shot.


Baumgardt was treated for his injuries and is being held at the Hamilton County 
Jail. According to charging documents, Baumgardt told police, "I shot a cop 
because they were going to take me to jail."


Warmoth is on a 10-day administrative leave, according to Lebanon Police 
sources, to, "decompress." The sources stress the leave is not disciplinary.


Boone County Prosecutor Todd Meyer and the sheriff's office held a press 
conferment on Tuesday afternoon to discuss the charges and the investigation.


"This has been one of the most difficult events of my career," said Meyer. 
"Officer Pickett was a tremendous person and an outstanding police officer who 
wanted nothing but the best for his community. He was a pleasure to work with 
and he will be deeply missed. I extend my sincere condolences and sympathy to 
Deputy Pickett's wife and children and the other members of his family, as well 
as the entire Boone County law enforcement community - they are all in my 
thoughts and prayers."


Meyer said his office will continue to review the facts of the case to 
determine whether any additional charges will be filed. He said in Indiana the 
law allows the state to seek the death penalty for anyone accused of murdering 
a police officer while on duty.


"My final decision on whether to file for the death penalty will take time, but 
I can say this - based on the facts and circumstances as I understand them 
today, that is the direction I am leaning and as soon as I have made that 
decision, I will update the public in that regard."


Pickett's K9 partner Brik was at the press conference this afternoon. "This is 
one of the few times that Brik has left Jake's side, but I felt it was 
important for him to be here and listen to Prosecutor Meyer, Superintendent 
Carter, and my prepared statement," Boone County Sheriff Nielsen said.


(source: Fox News)








MISSOURI:

Court upholds death penalty case in Stella girl's murder



A conviction and the death sentence in the murder of 9-year-old Rowan Ford 11 
years ago was upheld Tuesday by the Missouri Supreme Court.


The court did not find any reason to overturn the conviction of Christopher 
Collings, 42, who is in custody at the Mineral Point Correctional Center.


His attorney argued in November that at Collings' jury trial, his attorneys 
failed to investigate his history of alcohol abuse and drug addiction to 
provide the basis for the defense's case.


The state argued it was not a failure but a strategic trial decision. The court 
was told that the defense explored the question of raising that issue by hiring 
at least three trained professionals on alcohol intoxication and abuse as 
consultants but did not call any of them to testify.


Collings was convicted of 1st-degree murder in the sexual assault and 
strangulation of the girl. She had been taken from her home in Stella in the 
middle of the night. After a week of searches, her body was discovered in the 
bottom of a cave in McDonald County. A ligature was used in her strangulation.


Collings' appellate attorney, Amy Bartholow, told the state's high court that 
her client's conviction was based on 2 legal fictions: that Collings acted as a 
sober being that night and that his brain was able to form accurate memories on 
which his later statements to police were based.


"Christopher's trial counsel failed to introduce significant evidence of his 
lifelong addiction to alcohol and drugs, and his severe intoxication on the 
night of the crime to rebut the state's evidence of deliberation or to 
challenge the inference of deliberation that the state drew from his 
confessions," Bartholow told the court.


Bartholow told the court there was reason to believe that Collings may have 
consumed the equivalent of at least 30 beers and that such consumption was 
almost certain to have caused a blackout level of impairment of his brain and 
the loss of the ability to form reliable memories. She claimed that the 
statements Collings made to investigators are "the only evidence against him" 
but are ba

[Deathpenalty] death penalty news----worldwide

2018-03-07 Thread Rick Halperin





March 7



BELARUS:

Rights Group Says Belarus Executed Convicted Killer Last October

A Minsk-based human rights group says that more than 4 months ago Belarusian 
authorities executed a man who had been convicted of killing his own children.


The Vyasna (Spring) human rights center quoted the mother of the convicted man, 
Kiryl Kazachok, as saying that she was only informed in recent days that he was 
executed in October.


Amnesty International in January had mentioned Kazachok's case in a statement 
urging Belarusian President Alyaksandr Lukashenka to abolish capital 
punishment.


Kazachok was sentenced to death in December 2016 after a court in the 
southeastern city of Homel found him guilty of killing his 17-year-old son and 
9-year-old daughter in order to punish his wife for wanting a divorce.


The court found that Kazachok was drunk when he carried out the killings.

Kazachok refused to appeal the sentence.

Belarus is the only country in Europe that carries out the death penalty.

The European Union and rights groups have for years been urging Belarus to 
declare a moratorium on the death penalty.


Activists say there are currently 5 convicted murderers on death row in 
Belarus.


In January, 2 men who initially were handed life sentences on murder charges 
were sentenced to death after a retrial in Minsk.


The EU sharply criticized Belarus at the time and repeated its call for 
Lukashenka's government to the abolish the death penalty.


According to rights organizations, more than 400 people have been sentenced to 
death in Belarus since the collapse of the Soviet Union in 1991.


(source: Radio Free Europe/Radio Liberty)








GAMBIA:

Why Gambia's progress should spur abolition of the death penalty in Africa



Not so long ago, abolition of the death penalty in Gambia seemed like a pipe 
dream.


In August 2012, under the regime of former President Yahya Jammeh, 9 prisoners 
were executed in 1 night. Not even their families or lawyers were notified 
beforehand, while the UN described the killings as "arbitrary".


Yet last month, on the 53rd anniversary of the country's independence on 18 
February, President Adama Barrow announced an official moratorium on executions 
as a step towards abolition of the death penalty.


Belatedly but resolutely, Gambia is moving away from this cruel, inhuman and 
degrading punishment. Almost 1/2 of the 18 countries in West Africa have now 
abolished the death penalty .


But not all countries are progressing on the death penalty, unfortunately some 
are taking steps backwards.


In 2016, Sierra Leone's Minister of Internal Affairs publicly ordered the 
gallows to be cleaned and affirmed his support of the death penalty, despite 
the former Attorney General making a commitment before the United Nations in 
2014 that Sierra Leone would abolish the death penalty. In 2017, a government 
white paper rejected the Constitutional Review Commission's recommendation to 
abolish the death penalty.


Cases such as this highlight the need for a push for abolition of the death 
penalty in Africa. The reasons for abolition are many. For one, there is no 
credible evidence to prove that the death penalty deters crime. Professor 
Jeffrey Fagan in a UN publication, published in 2015, stated: "Whether the 
offense is murder, a drug related crime or terrorism, the scientific evidence 
for deterrence is unreliable, inconclusive and, in many instances, simply 
wrong."


The death penalty is also often discriminatory and used disproportionately 
against the poor and minorities. Often those executed are not only those who 
committed the worst crimes, but those who are too poor to hire skilled lawyers 
to defend themselves, or those who face particularly harsh prosecutors or 
judges.


Amnesty International interviewed 107 death row prisoners out of 148 in Ghana 
between 2016 and 2017. Although 3/4 of prisoners had a lawyer at their trial, 
appointed by the underfunded Ghana Legal Aid Scheme, several prisoners said 
that their lawyers did not attend all the hearings and they did not have enough 
time to talk to them. A number said their lawyers asked for payment.


"My lawyer says he cannot work if he does not have money," one man told me. 
According to the Ghana Prison Service, only 12 death row prisoners have 
appealed since 2006. Half of these appeals had been successful. However, most 
on death row did not know about their right to appeal or how to get legal aid, 
and less than 1/4 of death row inmates had been able to appeal their cases.



A woman told me a private lawyer asked for 60 million cedi (more than 
US$12,000) to file an appeal. Another said his appeal had stalled when his 
lawyer asked for more money. The death penalty is irreversible and does not 
leave any possibility for rehabilitation of the offender. No criminal justice 
system is capable of deciding fairly, consistently and infallibly who should 
live or die. The risk of executing the innocent can n