[Deathpenalty] death penalty news----worldwide

2019-01-15 Thread Rick Halperin






January 15




CHINA:

China sentences Canadian to death for drug smuggling



A Canadian citizen in China has been sentenced to death after a court convicted 
him of drug smuggling on Monday, a move likely to further inflame tensions 
between Ottawa and Beijing.


The Dalian Intermediate People's Court in northeastern China said Robert Lloyd 
Schellenberg was given a death sentence based on the nature and severity of his 
crime and in accordance with the Chinese criminal code.


Canadian Prime Minister Justin Trudeau criticized the ruling, which comes as 
relations have strained between the 2 countries following the arrest of a 
senior executive from the Chinese tech firm Huawei in Vancouver last month.


According to the court, Schellenberg was dispatched to Dalian by drug 
traffickers in November 2014 to orchestrate the smuggling of more than 222 
kilograms (489.4 pounds) of methamphetamine from the Chinese port city to 
Australia.


Schellenberg and an accomplice bought tools and tires in an attempt to 
repackage the drugs before shipping them out in containers, according to the 
prosecution.


The Canadian was said to have inspected the cargo, assessed the workload and 
decided on a shipping date. After his accomplice turned himself into the 
police, Schellenberg fled Dalian and was arrested in southern China on December 
1, 2014, when he tried to fly to Thailand, the court said.


"I am not a drug smuggler. I came to China as a tourist," Schellenberg said 
Monday before the verdict was announced, the AFP news agency reported. The 
court said Schellenberg is entitled to appeal his verdict and sentencing within 
10 days. The court added that his rights to defense and translation were 
protected during the trial and officials from the Canadian embassy were in 
attendance.


Trudeau 'concerned' amid rising tensions

Trudeau said the Chinese court's decision was "of extreme concern."

"It is of extreme concern to us as a government, as it should be to all our 
international friends and allies, that China has chosen to begin to arbitrarily 
apply the death penalty in cases facing, as in this case, facing a Canadian," 
Trudeau said in a news conference following Monday's ruling.


Schellenberg was first tried in March 2016 and was convicted of being an 
accessory to drug smuggling in November 2018. Upon receiving a sentence of 15 
years in prison, he appealed the verdict.


A high court ordered a new trial in late December 2018 when the prosecution 
said they had uncovered new evidence to prove Schellenberg's principal role in 
the case.


Schellenberg's conviction and sentencing came amid worsening diplomatic 
tensions between the two countries after Canadian police detained top Huawei 
executive Meng Wanzhou on December 1.


Meng, who is also the daughter of the Chinese tech company's founder, has since 
been released on bail pending an extradition hearing to the United States on 
charges of violating sanctions against Iran. Since her arrest, multiple 
Canadian citizens have been detained in China.


In an opinion piece on January 9, the Chinese ambassador to Canada Lu Shaye 
effectively confirmed that the detention of 2 Canadian academics was in 
response to Meng's arrest, raising further questions around Schellenberg's 
case.


"I have recently heard a word repeatedly pronounced by some Canadians: 
bullying. They said that by arresting two Canadian citizens as retaliation for 
Canada's detention of Meng, China was bullying Canada," the ambassador wrote 
last Wednesday in The Hill Times, a Canadian publication.


"To those people, China's self-defense is an offense to Canada. If someone 
slaps you on your left cheek, give him your right cheek, they told us. But I 
have never seen them doing as they said."


China severely punishes those caught smuggling or trafficking drugs, including 
foreigners. Anyone found with more than 50 grams (1.76 ounces) of a controlled 
substance can face the death penalty.


In 2009, Akmal Shaikh, a British citizen convicted of carrying up to 4 
kilograms (8.8 pounds) of heroin, was executed by lethal injection despite 
fierce protests from the UK government and his family, who said he suffered 
from a mental disorder and was tricked into carrying the drugs.


According to China.org.cn, a government-run website, at least 12 foreign drug 
dealers have been executed in China since 2000, "and other foreigners were 
sentenced to death for other serious crimes."


China remains the world's top executor, according to international monitors, 
though the country does not publish detailed statistics.


(source: CNN)

*

Death sentence for Canadian in China 'of extreme concern': PM



A Canadian man who was convicted of being an accessory to drug-smuggling in 
China has been sentenced to death in what appears to be the latest escalation 
of the ongoing diplomatic hostilities between the 2 countries.


Robert Lloyd Schellenberg was first arrested in China 

[Deathpenalty] death penalty news----TEXAS, OHIO, IND., TENN., OKLA., NEV.

2019-01-15 Thread Rick Halperin






January 15


TEXASstay of impending execution

Texas court stops 1st execution of 2019, citing changes in intellectual 
disability law and bite-mark scienceBlaine Milam was convicted in the 2008 
East Texas death of his girlfriend's 13-month-old baby.




The Texas Court of Criminal Appeals has stopped the state’s 1st execution of 
the year, calling for a lower court to take another look at the case following 
changes in bite-mark science and laws regarding intellectual disability and the 
death penalty.


Blaine Milam received a stay from the court on Monday, a day before his death 
was scheduled. Milam, 29, was convicted in the brutal death of his girlfriend’s 
13-month-old baby girl in 2008 in East Texas.


In a late appeal, Milam's lawyers argued against the state’s reliance on 
bite-mark testimony, which was a key part of his trial. His lawyers also 
claimed he was intellectually disabled and therefore ineligible for execution.


In December 2008, Milam called 911 and police in Rusk County arrived to find 
the body of Amora Carson, according to court opinions. The medical examiner 
counted 24 human bite marks on the baby’s body and found evidence of blunt 
force trauma and sexual assault.


At trial, the prosecution linked Milam to several of the bite marks. But his 
attorneys now say that science has largely been discredited, pointing to the 
Court of Criminal Appeals’ recent decision to overturn the murder conviction of 
Steven Chaney. (In December, the court took the rare step of asserting Chaney's 
innocence, saying his conviction was based on bite-mark science that “has since 
been undermined or completely invalidated.” Chaney spent more than 25 years 
behind bars.)


Rusk County prosecutors, meanwhile, argued to the court that the questions over 
bite-mark science were settled at Milam’s trial in 2010. And they said the 
state had enough other evidence that it wouldn’t have affected the jury's 
decision at the time. They pointed to testimony that Milam told his sister from 
jail to find a hidden pipe wrench believed to be used in Carson’s assault — and 
his apparent confession to a jail nurse.


The trial court must also take another look at Milam’s claims of intellectual 
disability, according to the court order. The issue was raised at Milam’s 
trial, which prosecutors said put the issue to bed, but there has been 
considerable change in how the state determines such disability since 2010.


In 2017, the U.S Supreme Court tossed out the method the Texas Court of 
Criminal Appeals had previously used to determine who is intellectually 
disabled and, therefore, constitutionally ineligible to be executed. The Court 
of Criminal Appeals later said it would change its test, which used outdated 
medical standards and nonclinical factors created by its judges, including how 
well the person could lie.


“Because of recent changes in the science pertaining to bite mark comparisons 
and recent changes in the law pertaining to the issue of intellectual 
disability ... we therefore stay his execution and remand these claims to the 
trial court for a review of the merits of these claims,” the court said in its 
order Monday.


The court will now consider Milam’s claims under current medical standards.

The stay was not only the court's first of 2019 but also its 1st without death 
penalty critic Elsa Alcala, who left the bench at the end of 2018 and was 
replaced by Judge Michelle Slaughter. Slaughter, along with Presiding Judge 
Sharon Keller and Judge Kevin Yeary, dissented against the stay.


Despite the court's decision, Texas is still set to host the nation's 1st 
execution of the year. Robert Jennings is scheduled to die on Jan. 30, 
according to the Texas Department of Criminal Justice. 5 other executions are 
scheduled in the state through May.


(source: Texas Tribune)

***

Executions under Greg Abbott, Jan. 21, 2015-present40

Executions in Texas: Dec. 7, 1982present-558

Abbott#scheduled execution date-nameTx. #

41-Jan. 30Robert Jennings-559

42-Feb. 28Billy Wayne Coble---560

43-Mar. 28Patrick Murphy--561

44-Apr. 11Mark Robertson--562

45-Apr. 24John King---563

46-May 2--Dexter Johnson--564

(sources: TDCJ & Rick Halperin)








OHIO:

Columbus death penalty case delayed again for man accused of killing girlfriend 
and son




The trial for a Columbus man accused of killing his girlfriend and 6-month-old 
son is delayed yet again.


Brandon Conner faced a Columbus Superior Court judge Monday morning after 
delays that have added up for more than a year.


The latest delays come as money is an issue for the defendant in Columbus' only 
death penalty case.


Officials say Conner can no longer pay his private attorney fees,