[Deathpenalty] death penalty news----worldwide
August 18 INDIA: Man out on bail for murder gets death sentence for raping woman in Madhya PradeshAt least 10 rapists have been awarded the death sentence by various courts in the state since February this year so far. A local court has sentenced a man to death for raping and killing a woman while he was out on bail after being convicted earlier for a murder. While awarding the death penalty to Prakash Lahase (34) yesterday, Sessions Judge of Special Court Rajesh Nandeshwar observed, "The case falls in the category of the rarest of rare cases. Such persons are like gangrene in society which has to be removed from the body to save it." Quoting the judge, public prosecutor Shantaram Wankhede said, "The judiciary has a duty to remove the accused from the society. Criminals will have a free run if they are not punished properly, and the fear in them of deterrent will end." The public prosecutor said that judge Nandeshwar sentenced Lahase to death under Section 302 (murder) and awarded him life imprisonment on 2 different counts -- Section 376 (2) (sexual assault) and 364 (kidnapping to kill) of the Indian Penal Code (IPC). In 38 days, the court examined 38 witnesses before pronouncing the verdict, he said. Prosecutor Wankhede said that Lahase had kidnapped the 30-year-old victim on May 17 this year from Khadkod village, some 8 kilometres from the district headquarters. "He raped the woman at a deserted place and killed her by crushing her head with a stone. He then disposed of the body in a well," Wankhede said. Judge Nandeshwar, while delivering his verdict, also said that women were feeling "extremely helpless and insecure" following a spurt in rape cases, Wankhede said. At least 10 rapists have been awarded the death sentence by various courts in the state since February this year. Under fire for growing number of rape cases, the MP government had brought a Bill in December last year, a first for the country, prescribing the death penalty for those convicted of raping minors below the age of 12. It also set up 50 fast track courts to speed up the trial of those accused of rape. According to statistics of the National Crime Records Bureau released in November last year, MP accounted for the the highest number of rape cases at 4,882 out of a total of 38,947 recorded nationwide in 2016. The figure of 4,882 included 2,479 cases involving minor victims. Madhya Pradesh recorded the highest number of rape cases (4,391) in 2015 too, according to the NCRB report. (source: newindianexpress.com) TANZANIA: Msuya killers file appeal against death sentence The death sentence against the quintet was passed on July 23, this year, by Judge Salma Maghimbi of the High Court, whereby she acquitted the 2nd accused Shwaibu Jumanne alias Mredii. The convicts are the 1st accused Sharifu Mohamed, Mussa Mangu (3rd accused), Karim Kihundwa (5th accused), Sadik Jabir (6th accused) and the 7th accused Ally Majeshi. (source: thecitizen.co.tz) MALAYSIA: Malaysia frees Metuh of drug charge, death sentence A Nigerian student, Joseph Metuh Onyinye has been freed of a drug charge in Malaysia after the prosecution failed to prove that he knew that an unopened parcel contained methamphetamine, known locally as syabu. Justice Datuk Lim Chong Fong of the High Court in George Town acquitted Joseph Metuh Onyinye, 35, without calling for his defence. He ruled that the prosecution had failed to establish a prima facie case against Onyinye, who was charged with trafficking 1.8kg of syabu. The Nigerian was charged with committing the offence on Oct 31, 2014, at about 3.10pm at Miami Green Resort Condominium in Batu Ferringhi, Penang. In his decision, Lim said the prosecution had not proven possession as the parcel was still unopened and was intact at the point of arrest. Moreover, it was not addressed to Onyinye. "In this case, the prosecution has not proven possession because there was no evidence that he (Onyinye) had knowledge of the existence of the drugs inside the parcel that was delivered," he said. The Nigerian was charged with committing an offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which is punishable under Section 39B(2) of the same Act. It carries the mandatory death penalty upon conviction. (source: nan.ng) IRANexecutions Iran executes 6 for theft, looting Iranian authorities on Saturday executed 6 people on charges of looting and theft in the northeastern city of Mashhad, according to the state television. State prosecutor Hassan Haidari said the executions were carried out upon the approval of the High Court of Justice. According to Haidari, the 6 people "were not poor" and were in no need to steal. "The death penalty should be a lesson for everyone who harms the safety and integrity of society," he said. Iran has been facing economic difficulties as the U.S. re-imposed
[Deathpenalty] death penalty news----NEB., COLO., ARIZ., NEV, CALIF., USA
August 18 NEBRASKA: Transparency concerns surface after Nebraska's 1st lethal injection execution Nebraska state senators criticized prison officials this week for shielding key parts of the state's 1st-ever lethal injection from the view of news media witnesses. Sen. Patty Pansing Brooks of Lincoln said she will push for a new law requiring future Nebraska executions to be visible from start to finish after curtains were closed on portions of Tuesday's execution of Carey Dean Moore. "If we're going to as a state kill people, you don't get to do any part of it in private," said the senator, who opposes the death penalty. "This is something where the state has the highest duty to be transparent." A corrections official responded by saying reporters were allowed to watch as all 4 lethal drugs were given to Moore. Curtains were lowered to protect the identities of members of the execution team, as the law requires, added Dawn-Renee Smith, chief of staff for the state Department of Correctional Services. Curtains also were closed during portions of executions conducted in the 1990s, when the state used the electric chair, Smith said in an email. "Every effort was made to ensure transparency while protecting the identities of the execution team members," she said. Corrections officials allowed 4 news media representatives to watch as 4 lethal substances were injected into Moore's veins. Curtains covered the observation windows while the IV lines were set and later, during a 14-minute span when Moore was declared dead. Sen. Ernie Chambers of Omaha said Friday that he will demand that corrections director Scott Frakes account for what happened behind the curtains. Frakes, who was in the execution chamber throughout Tuesday's lethal injection, has declined requests for interviews this week. The intense scrutiny stems from accounts of botched lethal injections in other states in recent years, including inmates who appeared to be inadequately sedated, took more than 90 minutes to die or were stuck by needles repeatedly in failed efforts to find veins for IV lines. The Eighth Amendment prohibits the infliction of cruel and unusual punishment on prisoners. State officials say Moore's execution took 23 minutes, from the time the 1st drug was given until death was declared. The media witnesses in Nebraska reported that Moore's eyes shut and remained closed shortly after he received the 1st sedative drug in the lethal sequence. They also reported that Moore underwent a period of labored breathing and he coughed several times. In addition, they said his face and hands started turning purple about 7 minutes after the 1st drug was given. The witnesses did not report seeing writhing, facial grimaces or other signs of obvious pain that have surfaced in reports of botched executions. 2 family members who witnessed the Moore execution said afterward that they did not believe he suffered. But Deborah Denno, a law professor at Fordham University in New York who has studied lethal injection for more than 25 years, said the "lack of transparency" in Tuesday's execution was "disturbing." Problems with botched executions have surfaced at the beginning when the IV lines are set and again after the final drug is administered, times when the inmate is most likely to experience pain. "The parts of the execution that would be most problematic would be the portions you didn't see," said Denno, who said she doesn't oppose the death penalty in theory, but opposes it in the manner it currently exists. Some death penalty states allow witnesses to observe the setting of IV lines; others do not. Showing such preparations to an execution is not essential, said Kent Scheidegger, legal director at the Criminal Justice Legal Foundation, an organization in Sacramento, California, that supports capital punishment. But states should allow witnesses to see the entire execution itself, he said. The Nebraska Supreme Court ordered Moore to be executed at 10 a.m. Tuesday. The curtains in the observation room connected to the execution chamber were raised at 10:24 a.m. By then, Moore had been strapped to the table and 2 IV lines had been established. When asked about the IV lines, Smith said Friday they both were inserted "on the 1st attempt, without issue." The execution protocol called for the state to inject Moore with a combination of f4 drugs never before used in an execution. It was unclear to the witnesses during Tuesday's procedure when each drug was given. But corrections officials later released records that showed the times and dosages of drugs given to Moore: 10:24 a.m.: 37 cc of diazepam, a sedative. 10:30 a.m.: 46 cc of fentanyl, an opioid painkiller. 10:32 a.m.: 15 cc of cisatracurium, a paralyzing agent. 10:33 a.m.: 120 cc of potassium chloride, which causes massive heart failure in large doses. A 50 cc saline flush followed each drug.
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., VA., OHIO, MO.
August 18 TEXAS: State drops death penalty in McDonald case After 3 years of holding a death sentence over Todric Deon McDonald's head, prosecutors said Friday they will not seek the death penalty if McDonald is convicted in a 2014 double murder. Prosecutor Robert Moody told 19th State District Judge Ralph Strother at a status hearing Friday that family members of the victims are fine with the decision as long as there are no more delays in getting the capital murder case to trial. The family is more interested in seeing that the Feb. 10 trial date comes off as planned and was aware defense attorneys John Donahue and Jon Evans likely would have sought another delay had prosecutors continued to pursue the death penalty, Moody said. Evans and Donahue declined comment on the state's decision after the brief hearing. Moody also declined comment. McDonald, 31, is charged in the May 2014 shooting deaths of cousins Justin Javier Gonzalez and Ulysses Gonzalez at the Pecan Tree Apartments, 2600 Grimm Ave. Both men died from multiple gunshot wounds. Prosecutors announced in May 2015 that they would seek the death penalty in the case. With the threat of the death penalty now removed, McDonald faces life in prison without parole if convicted. "That does simplify logistical issues at the very least," Strother said of the decision. In death penalty cases, potential jurors are interviewed individually by prosecutors and defense attorneys, an arduous process that can take up to a month to complete. The victim's mothers, Mary Rodriguez and Maria Gonzalez, and other family members have attended most of the pretrial hearings in McDonald???s case for the last couple of years. At the last hearing in June, at which Strother set the February trial date, Mary Rodriguez, mother of Justin Gonzalez, said, "Thank Jesus." "I feel good that it is finally coming to an end," she said. "It has taken so long. It has been frustrating. But we are glad and relieved that we finally have a trial set." No family member of either victim attended Friday's hearing. A status conference in the capital murder case of McDonald's co-defendant, Tony Olivarez, 33, is set for Nov. 16 in Waco's 54th State District Court. No trial date has been set in Olivarez's case. (source: Waco Tribune-Herald) PENNSYLVANIA: York County double murderer's death sentence to be thrown out The death sentence of convicted Fawn Township home-invasion double murderer Paul Jackson Henry III is expected to be thrown out in less than 2 months. Prosecutors, Henry's attorneys and presiding Common Pleas Judge Michael E. Bortner discussed the issue in open court on Friday, Aug. 17. Both the prosecution and defense agree that state law requires the sentence be vacated. Defense attorneys Farley Holt and Suzanne Smith said after that happens, there are 3 possible outcomes. First, Henry can accept the prosecution's offer of life in prison without the possibility of parole. But taking the deal would require him to give up all his future appeal rights, according to Holt. Second, an entirely new jury can be chosen to decide whether Henry should receive life in prison or the death penalty. "But that would basically result in retrying the majority of the case again," Holt said, since the new jurors didn't preside at trial and will know nothing about the case. Third, Henry could choose to allow Judge Bortner to make that decision without a jury. "The commonwealth cannot oppose the defendant's motion on this particular point," chief deputy prosecutor Scott McCabe told the judge, because the state Supreme Court has been clear about the issue. After Friday's hearing, first assistant district attorney Jen Russell said it's unfortunate that the victims' loved ones cannot yet find a measure of closure. However, she said, "It's important that the letter of the law be followed exactly," especially in death-penalty cases. The background: A York County jury on May 22 found Henry guilty of 2 counts of 1st-degree murder and 1 count of robbery for a Sept. 13, 2013, Fawn Township home invasion during which Henry fatally shot Danielle Taylor, 26, and heroin dealer Foday Cheeks, 31. Veronique Henry, 32, also was arrested and charged with the murders of Taylor and Cheeks, who was her heroin dealer and former lover. She hanged herself in York County Prison two days after the murders and a day after she and her husband were captured in Dauphin County after a police chase. Henry blamed his dead wife for the crimes, but jurors decided he was guilty and that he should die for his crimes. Henry's motive was rage, York County District Attorney Dave Sunday has said. Trial testimony revealed Veronique Henry was a heroin addict who lived with and was sexually involved with Cheeks earlier in 2016, when she and her husband were temporarily split up. Sunday has said that while the Henrys stormed into
