[Deathpenalty] death penalty news----TEXAS, CONN., FLA., OHIO, COLO., NEV., USA

2018-06-21 Thread Rick Halperin







June 21



TEXAS:

Prosecutors address shock belt use in response to Calvert's death row appeal



State prosecutors have filed a long-awaited response to convicted murderer 
James Calvert's appeal filed in October 2017.


The 286-page document filed with the Court of Criminal Appeals this week is the 
prosecution's detailed response to the 29 points of error listed in Calvert's 
original appeal. The document was written by Smith County District Attorney 
Matt Bingham, First Assistant April Sikes, and Michael West, assistant criminal 
district attorney.


Calvert was found guilty of capital murder in 2015 and sentenced to death for 
the brutal murder of his ex-wife, Jelena Sriraman, in Tyler, before abducting 
their 4-year-old child and fleeing to Louisiana on Halloween in 2012.


Calvert is seeking a new trial, and with this filing the decision on whether 
that happens rests with the Court of Appeals.


A main point of the appeal for both sides is the use of a 50,000-volt shock 
belt while Calvert was on trial in Smith County's 241st District Court. Calvert 
claims its use violated his right to due process, while prosecutors say it was 
used in accordance with guidelines and only when Calvert refused to obey 
deputies orders.


Prosecutors present details from the testimony of several people in the 
courtroom when the shock incidents occurred, and the disciplinary reasons the 
shock belt was used, including Calvert allegedly taunting deputies and refusing 
to obey orders.


Prosecutors also allude that Calvert intentionally put himself in a position to 
be shocked so that it could be used in his appeal.


"The record thus shows that Appellant, knowing he would be shocked for defying 
the orders of deputies, nonetheless refused to comply and apparently achieved 
the result he wanted - he was shocked," the document states.


Smith County is 1 of several in Texas who use electric shock devices to control 
defendants who are determined to be a security risk.


A footnote to the document explains that at the time the 2nd shock was 
administered, the "courtroom was literally filled with the firearms and 
hundreds of rounds of ammunition that had been seized from his vehicle and 
admitted into evidence." The list includes 2 AR-15 rifles, 2 pistols, an AK-47 
style rifle, and SKS-style rifle and 5 metal boxes of ammo.


(source: KLTV news)








CONNECTICUT:

Ex-death row inmate sentenced to life for murder



A former death row inmate was resentenced on Wednesday to life in prison for 
the 2002 slaying of a single mother.


Lazale Ashby, 33, had his sentence converted as a result of the state Supreme 
Court decision to end capital punishment.


Ashby, who was convicted in 2008, raped and strangled Elizabeth Garcia inside 
her Hartford apartment as her 2-year-old daughter watched television in another 
room.


The victim's daughter, who is now 17, spoke at the hearing and described the 
pain of never knowing her mother, the Hartford Courant reported .


"He should be deprived of his freedom and he must be reminded of the horrible 
things he's done," the teen said.


The teen's grandmother, Betsy Betterini, told the Hartford Superior Court judge 
that her daughter Elizabeth would have been proud to see the teen as the 
courageous, college-bound young woman she has become.


Ashby, who did not speak during the sentencing hearing, also is serving a 
25-year sentence for a fatal shooting that took place in 2003. An appeal of his 
conviction in the Garcia case is pending.


The state Supreme Court ruled the death penalty unconstitutional in 2015. 9 of 
the state's 11 former death row inmates have since been resentenced to life in 
prison.


(source: Associated Press)








FLORIDA:

Defense: preserve most evidence in Florida school shooting



Defense attorneys for Florida school shooting suspect Nikolas Cruz are asking a 
judge to order investigators to preserve most evidence in the case, except for 
the building where the Valentine???s Day massacre took place.


A hearing was set Thursday on motions seeking to preserve evidence including 
field notes made by law enforcement officials that may have some bearing on the 
case. The motions don???t object to the planned destruction of the crime scene 
building where 17 people died and 17 others were wounded in the attack in 
February.


Delayed until a July 16 hearing is another defense motion seeking to prevent 
public release of Cruz's statement to detectives after the shooting. The Cruz 
lawyers say it would jeopardize his fair trial rights.


19-year-old Cruz faces the death penalty if convicted.

(source: Associated Press)








OHIO:

Judy Malinowski case: Judge suggests parties consider plea deal in 
death-penalty trial




The Franklin County judge assigned to preside over the death-penalty trial of 
Michael W. Slager told prosecuting and defense attorneys Wednesday not to 
overlook the possiblity of reaching a plea agreement in the case.


The jury 

[Deathpenalty] death penalty news----worldwide

2018-06-21 Thread Rick Halperin






June 21



GHANA:

J.B Danquah's 'killer' mentally unstable - Lawyer



Lawyer Yaw Obuor, counsel for Daniel Asiedu one of the suspects standing trial 
in the murder of the former MP for Abuakwa North Constituency, Joseph Boakye 
Danquah Adu, has said the suspect is a minor and is mentally unstable.


Daniel Asiedu aka Sexy Dondon, on Wednesday, told an Accra District Court that 
he was hired by some persons in the New Patriotic Party (NPP) to kill the 
Legislator and was rather told to mention the opposition National Democratic 
Congress (NDC) as his 'contractors' whenever he's questioned about the crime.


According to him, he was promised to be provided with whatever he asks for 
after he's been able to carry out the assignment. He added that he's still not 
heard from his "contractors".


Daniel Asiedu who was arrested after he stabbed the late MP in his East Legon 
home while sleeping on the dawn of Tuesday, February 9, 2016, told the court 
that only 1 person from the NPP has visited him since his arrest and is ready 
to mention the names of the persons who contracted him if he is asked to.


But the Deputy General Secretary of the NPP, Lawyer Nana Obiri Boahen who has 
followed the case in court in an interview with host Akwasi Nsiah on Si Mi So 
on Kasapa FM described Daniel Asiedu as a dishonest character whose words 
should not be taken seriously.


He said the suspect has not been consistent with his statements about his 
involvement in the murder making his not a credible character.


"We need to be serious and not waste our time on such baseless allegations, he 
should mention the name of the persons he claims contracted him to commit the 
murder. This guy has not been consistent. Initially, when he was caught he told 
the police that he knew nothing about the crime, later he said it was the NDC 
who contracted him and now he's saying it's the NPP. Can you take such a person 
seriously?"


But Daniel Asiedu's Counsel, Lawyer Obuor insists his client is not in the 
right state of mind.


"I can tell you and I've said it that he has a mental problem, I applied for 
bail for him last week but the bail was refused. He's aware that we were going 
to apply for bail for him again, it will be filed early next week." He told Joy 
FM.


Meanwhile, Criminal Lawyer, Martin Kpebu has said the suspect's confession is 
not enough and expects the case to move to the High Court where the suspect 
will face the death penalty if convicted.


(source: ghanaweb.com)








PAKISTAN:

The life of a condemned prisoner



Recently, 17 prisoners were released under Article 45; however, there remain 
many more that are waiting to be set free.


During the recent Eid-ul Fitr celebrations, the president of Pakistan announced 
his decision to grant remissions to prisoners across the country, under Article 
45 of the Constitution. In light of this decision, 17 prisoners were released; 
however, there remain many more that are waiting to be set free.


One such example is that of Muhammad Iqbal alias 'Bali', who has been in jail 
for 18 years without any respite in sight.


Bali was a juvenile when he committed the offense that landed him in prison, 
back in 1999. Despite this, he was sentenced to death by the Special Court 
under the Anti Terrorism Act of 1997, and his subsequent appeals to the High 
Court, as well as the Supreme Court, were also turned down.


While the co-accused persons in his case were discharged from jail after 
completing their sentences, Iqbal has not been offered the same respite, and he 
was not even allowed to go to his parent's funerals either, both of them having 
died without seeing their son receive the justice he deserved.


Iqbal was set to be sent to the gallows last year, after the dismissal of his 
1st mercy petition by the president of Pakistan. His 2nd mercy petition was 
filed on humanitarian grounds by a third party, and it was tentatively 
acknowledged by the office of the President's Secretariat (Public) in 
Islamabad, which forwarded it to the Office of Ministry of Interior for further 
follow up. This acknowledgment of his 2nd mercy petition resulted in a 
temporary stay in his execution, subject to the result of his clemency plea, 
which is currently pending adjudication in the office of the President.


Bali was a juvenile when he committed the offense that landed him in prison, 
back in 1999. Despite this, he was sentenced to death by the Special Court 
under the Anti Terrorism Act of 1997.


It is disturbing to note that the case of 'Bali' is unfortunately not the only 
such case that needs to be highlighted. There are countless other prisoners in 
similar situations, including Abdul Basit, a wheelchair bound prisoner 
currently housed in Faisalabad Central jail. It is important for the president 
of Pakistan to understand that he cannot keep procrastinating over decisions of 
such importance, especially when a person's life is on the line.


Even though Article 45 of