[Deathpenalty] death penalty news----N.C., TENN., CALIF., USA

2018-10-09 Thread Rick Halperin





October 9



NORTH CAROLINA:

From death row to preacher, man changed NC's death penalty law has died



James Woodson, a man whose case led to the overturn of an automatic death 
penalty in North Carolina, died last week at the age of 67.


Woodson was convicted in 1974 of 1st-degree murder in connection with the death 
of a convenience store clerk who was shot during a store robbery. Woodson, who 
claimed that his life would have been threatened if he did not join 3 others in 
the robbery, stayed in the car as a lookout.


At the time of his trial, state law automatically allowed for the death penalty 
for a 1st-degree murder conviction.


Claiming the automatic death sentence violates the Eighth Amendment - which 
prohibits excessive bail, excessive fines or cruel and unusual punishments - 
Woodson appealed and, in 1976, the U.S. Supreme Court agreed, struck down the 
law and spared Woodson's life and that of 120 other inmates.


Woodson served about 17 years in prison, then lived a crime-free life in 
Raleigh, eventually returning to the Wake Correctional Center to preach to 
inmates there.


"There's a choice in the matter in life itself," he told WRAL News in 2009. "Do 
you want to live? Do you want to be helpful to another individual because 
you've been helped?


"It was a good feeling (when I was released). I, James Tyrone Woodson, don't 
ever want to be in prison again," he said.


Woodson's obituary, posted by Haywood Funeral Home, said simply, "Mr. James 
Woodson, 67, of Raleigh, North Carolina, departed this earthly life on 
Thursday, October 4, 2018."


(source: WRAL news)

**

2 Henderson accused killers wait to learn if they will face the death penalty



2 Henderson County murder suspects will soon learn whether they may face the 
death penalty if they are convicted.


District Attorney Greg Newman says Anthony Moore and Terry Brank will learn if 
they may face capital punishment in a hearing November 5, 2018.


(source: WLOS news)








TENNESSEEimpending execution

As His Execution Nears, Edmund Zagorski SpeaksI don't want to be tortured 
with those drugs, but I am not afraid of death'




Edmund Zagorski MagSometime tonight, prison officials at Nashville's Riverbend 
Maximum Security Institution will take Edmund Zagorski from his cell on death 
row and move him to one of four 8-by-10-foot cells next to Tennessee's 
execution chamber. He'll spend the next three days there on "death watch," 
before the state puts him to death by lethal injection on Thursday night.


Zagorski says that, as he takes that final walk, he'll have the Molly Hatchet's 
1979 hard-driving Southern rock classic "Flirtin' With Disaster" in his head.


I'm travelin' down the road, I'm flirtin' with disaster

I've got the pedal to the floor, My life is running faster

Prison officials will not permit interviews with men awaiting execution. The 
Scene sought an interview with Zagorski through his attorneys, but the request 
was denied by Riverbend Warden Tony Mays. We were able to get him written 
questions through an attorney who visited with him over the weekend. Zagorski 
answered them all.


Although some death row staff and prison officials have expressed support for 
clemency in Zagorski's case, and jurors from his original trial say they would 
have sentenced him to life without the possibility of parole if they'd had that 
option, Gov. Bill Haslam announced last week that he will not intervene to stop 
the execution. The Tennessee Supreme Court could rule this week on a lawsuit 
brought by dozens of death row inmates arguing that the state's lethal 
injection protocol amounts to torture.


Zagorski grew up in Tecumseh, Mich., and was 29 years old when he was 
convicted. He has been on death row for 34 years - since he was sentenced to 
death for murdering John Dale Dotson and Jimmy Porter after they met him to buy 
a large quantity of marijuana. As of this writing, barring intervention from 
the governor or the courts, Zagorski has less than 100 hours left to live.


Here's what he has to say.

Can you tell me about a happy time in your life, in prison or before you went 
to prison?


The gravel pits were my paradise. I didn’t like to spend much time at home 
because my mom was mentally ill. So I would go out to the gravel pits. I had 
privacy there, and there were swimming holes. I would race my motorcycle out 
there. I love motorcycles. I had a Harley. The girls loved a man on a Harley.


Is there a book or music that has been important to you during your time in 
prison?


The Washing of the Spears, the Rise and Fall of the Zulu Nation is my favorite 
book. It is about how the Zulus stood up to the British. They made a movie out 
of it. I also like The Seven Pillars of Wisdom. By reading that book you get a 
better understanding of the Middle East.


As far as music, I like old rock and roll from the '70s and '80s. Stevie Nicks 
is my favorite female singer. I like old Rod 

[Deathpenalty] death penalty news----worldwide

2018-10-09 Thread Rick Halperin





October 9



EUROPE:

10 October: European Day against the Death Penalty



The 47-nation Council of Europe and the 28-member European Union have published 
a joint declaration to mark the European and World Day against the Death 
Penalty on 10 October.


The declaration underlines the 2 organisations' strong opposition to capital 
punishment in all circumstances.


"The death penalty is an affront to human dignity. It constitutes cruel, 
inhuman and degrading treatment and is contrary to the right to life. The death 
penalty has no established deterrent effect and it makes judicial errors 
irreversible." - Council of Europe Secretary General Thorbjørn Jagland and EU 
High Representative for Foreign Affairs and Security Policy, Federica Mogherini


Pending the introduction of a moratorium, the declaration calls on countries 
still applying the death penalty - which notably include Belarus, the only 
European country still using capital punishment - to commute any existing death 
sentences to prison terms.


It also urges Council of Europe and EU member states to avoid involvement in 
the use of the death penalty by third countries, for example by acting to 
prevent the trade in goods that could subsequently be used to carry out 
executions.


Through the European Convention on Human Rights, the Council of Europe has 
created a death penalty-free zone covering 47 countries and over 830 million 
people.


No executions have taken place in any Council of Europe member state for more 
than 20 years.


(source: coe.int)








UNITED KINGDOM:

Fear of infuriating Trump made UK drop opposition to death penalty for British 
Isis suspects, court toldSajid Javid was advised that Donald Trump could 
'hold a grudge' and administration would be 'outraged'




Sajid Javid "gave up" on attempts to ensure the US did not execute 2 British 
Isis militants because he feared sparking outrage in Donald Trump's 
administration, a court has heard.


El Shafee Elsheikh and Alexanda Kotey, who were allegedly members of a cell 
dubbed "The Beatles" and who killed a series of hostages in Syria, have been 
the subject of a legal dispute between the US and UK since being captured in 
January.


Earlier this year a leaked letter showed that Mr Javid had agreed to hand 
evidence on the pair to American authorities for a federal prosecution, but 
without assurances that the death penalty would not be used.


Elsheikh's mother, Maha Elgizouli, is attempting to launch a judicial review 
over the decision and claims it is unlawful.


Her lawyers told the Lord Chief Justice, Lord Burnett, and Mr Justice Garnham 
that the "unprecedented and unjustified" move was taken against advice from 
government departments and violated precedent.


Edward Fitzgerald QC said it was influenced by the "anticipated outrage" of 
members of the Trump administration if the UK demanded assurances that the pair 
would not face the death penalty.


"[Mr Javid] wrongly exposed the suspects to the very real risk of an inhuman 
punishment," he told the Administrative Court in London.


"This country should not facilitate the imposition in another country of a 
punishment which we ourselves recognise as inhuman and unlawful.


"He took those steps in large part because of the anticipated outrage of 
certain political appointees in the Trump administration if the UK insisted on 
death penalty assurances.


"We submit that the anticipated outrage of those US officials was not a proper 
consideration as a matter of law."


Lawyers for Mr Javid argued that there is no common law prohibition on 
providing legal assistance to another country where it may result in 
proceedings leading to the death penalty.


"This group [the Isis Beatles] is associated with some of the gravest offences 
perpetrated against civilians in Syria during the conflict," James Eadie QC 
told the court.


"These beheadings are notorious globally, all but one having been filmed and 
posted on the internet."


He said Mr Javid's decision was rational, did not create inconsistency with the 
UK's general death penalty policy and "did not misdirect himself in law or 
fact". Mr Eadie also said the government had not violated the Data Protection 
Act.


The court heard that the US first made a request for "mutual legal assistance" 
(MLA) on Kotey and Elsheikh in June 2015, when the then home secretary, Theresa 
May, said material would not be handed over without assurances against the 
death penalty.


In response the US Department of Justice offered partial assurances that it 
would not make direct use of the evidence in its case but the British 
government did not change its position.


Mr Fitzgerald said it remained consistent even after Donald Trump was sworn in 
as president, and the Home Office was still demanding full assurances against 
the death penalty in August 2017.


After Elsheikh and Kotey were detained in Syria in January, the Crown 
Prosecution Service reviewed the 600 witness s