[Deathpenalty] death penalty news----worldwide

2018-04-15 Thread Rick Halperin






April 15




NIGERIA:

Amnesty International urges Nigerian govt to issue moratorium against 
executions


Amnesty International advises Lagos govt against executing death row inmates


Amnesty International has called on the Nigerian government to issue a legally 
binding official moratorium against executions as a first step towards the 
abolition of the death penalty in the country.


It said this will be in line with global trends.

The country director of the civic group, Osai Ojigho, said this during a launch 
of Amnesty International Global Report titled “Death sentences and Executions 
2017” in Abuja on Thursday.


According to her, Nigeria cannot afford to be left behind and must show a great 
commitment for protecting lives and ensuring that the criminal justice system 
is fair.


She said there is need for reforming the judiciary in order to strengthen the 
system.


“Nigeria imposed the highest number of death sentences in the sub-Saharan 
Africa region in 2017,” she said, with 621 people sentenced to death.


She said Amnesty International believes that these death penalties are 
retrogressive, unjustifiable as there is no evidence to suggest the death 
penalty deters crime more effectively than other punishment


“In our reports, it is obvious that executions are reducing and death sentences 
with death penalty is also reducing but the reverse is the case in few 
countries in the world and unfortunately Nigeria is among those countries with 
increasing rate in death sentences and the potential for death penalty is still 
a risk many people face in the country.”


She said it is essential for the federal government to invest in security 
agencies on the use of technology in the prevention of crime thereby limiting 
people going through the justice system that is weak, which can be described as 
discriminatory against the poor and the vulnerable.


Similarly, Damian Ugwu, a researcher with the group said 2285 people were on 
death row as at December 31, 2017 which includes four foreign nationals.


According to him, Nigeria recorded no known executions in 2017 as compared to 
2016 where it executed three death row inmates, although, 621 people were 
sentenced to death in 2017 compared to 527 in 2016.


Mr Ugwu said death penalty is discriminatory and often used against the most 
vulnerable in society which includes the poor, ethnic and religious minorities 
and people with mental disabilities.


“Some government use it to silence their opponents. Where justice system are 
flawed and unfair trials rife, the risk of executing an innocent person is ever 
present and when death penalty is carried out, it is final. Mistakes that are 
made cannot be unmade. An innocent person may be released from prison for a 
crime they did not commit, but an execution can never be reversed,” he said.


But a legal practitioner, Olayinka Ogunmodimu, who spoke with PREMIUM TIMES on 
Thursday evening, said death penalty should not be totally abolished.


“Once someone is found guilty of a capital offence, the governor should not 
have the discretion of choosing whether or not to sign. Death penalty should 
not be abolished. Once a life has been taken, the punishment can only reduce 
from death sentence to life imprisonment,” Mr Ogunmodimu said.


“By Nigerian law, the death penalty will serve as justice for someone who has 
taken the life of another but the disadvantage is that most governors refuse to 
sign death warrants by the reason of values, culture and beliefs as they prefer 
the inmates to die a natural death.”


He said Nigeria lacks effective legal system that can quickly dispense justice 
without considering factors like favouritism, power among others while noting 
that the judiciary system needs to be strengthened.


“A crime can be prosecuted in Nigeria for 20 years but (that) cannot happen in 
a developed country. The only case in Nigeria’s legal system in which you can 
know the starting and finishing is election petition and it is because the law 
have said that it must start and finish within 180 days,” he said.


“It is a matter of here and there, when you look at event around you, one might 
have to agree with existing laws in which death penalty is part of the 
punishment but Amnesty International is right to say that in most cases, most 
people at the back end of the law are always victims of the law. Let us look at 
the case of Offa, will we say death penalty is not an option if the offenders 
were captured?” Ola Adeosun, a legal practitioner and political analyst said


Mr Adeosun said the law should be reviewed that the manner of offence should be 
put into consideration before pronouncing death penalty.


“Someone who robbed with a toy gun, blade and knife if arrested, prosecuted and 
found guilty will be sentence to death, for me it is too harsh. The manner of 
the offence should be put into consideration but there are some people who are 
serial murderers and since there are no 

[Deathpenalty] death penalty news----TEXAS, ALA., OHIO, ARK., NEB.

2018-04-15 Thread Rick Halperin







April 15





TEXAS:

Texas seeks to fast-track executions


A request by Texas to opt in on the 1996 Federal Anti-terrorism and Effective 
Death Penalty Act is drawing sharp criticism from civil rights groups and local 
defense attorneys.


According to the state Attorney General's office, the move would avoid 
"stressful delays" and "excessive costs" associated with executions.


Defense attorney Raymond Fuchs said opting in to the act is "a horrible idea."

"Texas spends very little money on counsel, on investigators, on mitigation 
experts, on psychologists and psychiatrists," he said. "They're as 
penny-pinching as you can get.


"When I read that (U.S. Attorney) Jeff Sessions is actually considering Texas' 
application for this fast track, I thought it was a joke. We now have people 
running this state, who I guess think it's a Wild West show where the idea is, 
'Let's have a trial and string 'em up.'"


Whether Texas gets to opt in on the federal law is up to Sessions.

(source: KSAT news)



ALABAMAimpending execution

Walter Leroy Moody seeks stay of execution for judge's pipe bomb slaying


Walter Leroy Moody Jr., 83, the oldest inmate on Alabama Death Row, is waiting 
to see if a court will block his execution by lethal injection Thursday for a 
bombing nearly three decades ago that killed a federal appeals court judge.


Moody maintains he didn't do it.

And in the past few months since his April 19 execution date was set he and his 
attorneys have filed a flurry of appeals in federal and state courts. Last week 
both he - in a hand-written motion - and his attorneys filed requests for stay 
of execution. And now he and his attorneys are awaiting a ruling by the U.S. 
11th Circuit Court of Appeals, which listened to arguments in the case last 
Thursday.


U.S. 11th Circuit of Appeals Judge Robert Vance Sr. was killed Dec. 16, 1989 in 
a blast from a pipe bomb hidden in a package sent to the judge's Mountain 
Brook, Ala., home. The judge's wife, Helen, was seriously injured in the blast.


In 1991, a federal jury convicted Moody of 71 charges related to the pipe-bomb 
murders of Vance and Georgia civil rights attorney Robert E. Robinson, who also 
was killed in a pipe-bomb blast two days after the judge. That federal trial 
was conducted in Minnesota. Moody was placed on death row after a jury 
convicted him of capital murder at a trial in Alabama five years later. The 
jury recommended 11-1 that the death penalty be imposed and the judge agreed.


Alabama asked that an execution date be set for Moody on Jan. 9, the day after 
the U.S. Supreme Court denied his request to consider an appeal.


Moody recently argued to a federal appeals court that the federal government 
which convicted him first on non-death penalty charges should have him in 
custody instead.


Both the Alabama Attorney General and U.S. Justice Department have said that 
the federal government had the right, under an agreement, to allow the state to 
take custody of Moody and have him serve his state sentence first.


"Moody cannot challenge any determination by the United States or Alabama as to 
the order in which he will face his federal and state sentences. The comity 
rules that govern priority of jurisdiction between the United States and 
Alabama do not confer on Moody any legally enforceable right that he may assert 
in a federal habeas proceeding," according to a federal appeals court brief 
filed April 10 by the U.S. Justice Department.


Moody lost his appeal on another issue in January before the U.S. Supreme 
Court. He had appealed an 11th Circuit decision in March 2017. That appeal was 
about his decision to represent himself at his 1996 capital murder trial in 
Alabama. After convicting him, the jury voted 11-1 to recommend a death 
sentence. Courts have found that the trial judge did not err in allowing Moody 
to represent himself.


Much of prosecutors' evidence centered on the similarities between pipe bombs 
Moody had previously been convicted of using.


According to a summary of the bombings and investigations in one federal court 
document, prosecutors claimed that in May 1972, a bomb exploded in Moody's home 
in Macon, Ga. "The bomb, contained in a package addressed to a car dealer who 
had repossessed Moody's car, exploded when opened by Moody's wife. Moody was 
convicted in federal court in Macon for possessing the bomb, although he was 
acquitted of manufacturing it, and he served three years in federal prison."


"Moody eventually became obsessed with overturning his 1972 conviction. He 
devised an elaborate story to shift the blame to a mythical "Gene Wallace," who 
Moody had claimed at trial had been attempting to assist him in regaining 
possession of his car and was responsible for the bomb," according to the court 
document. "Moody recruited a witness to substantiate his account, a destitute, 
young handicapped woman, Julie Linn-West, and he paid her in small monthly 
installments as