[Deathpenalty] death penalty news----worldwide

2019-10-03 Thread Rick Halperin





Oct. 3


IRAN:

Death decrees finalized for 2 women in Khoy and Isfahan



Death decrees were finalized for 2 women in the cities of Khoy and Isfahan 
while two women were executed in late September in the cities of Sanandaj and 
Tehran.


The death decree for Zahra Derakhshan was recently upheld and finalized by the 
Criminal Court of Urmia. Zahra Derakhshan has been detained in Khoy Prison 
since November 2016. The first time she received the death decree was in 
November 2018, but she objected to the court ruling.


Khoy is the second largest city of West Azerbaijan Province, in northwestern 
Iran, after the capital city of Urmia.


Another woman by the name of Fariba was also sentenced to death for killing a 
police officer while trying to help a prisoner escape.


Mohammad Reza Habibi, general director of Isfahan’s Department of Justice, 
announced that the death decree had been objected by the lawyer of this case, 
but the ruling was finally upheld by the supreme court on September 3, 2019. 
(The state-run ROKNA news agency – September 23, 2019)


Leila Zarafshan was hanged in the Central Prison of Sanandaj on September 26, 
2019, and another unidentified woman was hanged in Gohardasht Prison in Karaj, 
on September 25, 2019.


Ninety-six (96) women have been executed in Iran under Rouhani. The actual 
number of execution victims and other victims of the clerical regime’s 
Judiciary are far above the data and information published in the state-run 
press.


One of the signs of stepped up pressure and crackdown on women in Iran and the 
accelerating pace of executions is the number of women hanged in recent months. 
Eight (8) Iranian women have been executed in a period of slightly over 3 
months, while in a year-long period from 2016 to 2018, the number of women 
executed by the Iranian regime in the whole year ranged between 6 and 10.


(source: ncr-iran.org)

**

4, including 2 Iranians, told to enter defence for drug chargeJudge Datuk 
Akhtar Tahir made the decision at the end of the prosecution case against J. 
Balakrishnan, 61, B. Lacheme Devi, 56, Mohammad Abbasi Younes, 27, and 
Syedmohsen Namazikivaj Seyedreza, 31.




4 accused, including 2 Iranian men, were told to enter their defence by the 
High Court here today for drug charges in 2015.


Judge Datuk Akhtar Tahir made the decision at the end of the prosecution case 
against J. Balakrishnan, 61, B. Lacheme Devi, 56, Mohammad Abbasi Younes, 27, 
and Syedmohsen Namazikivaj Seyedreza, 31.


An amended charge was read out to all the accused – in Tamil for Balakrishnan 
and Lacheme Devi, and in Persian for the Iranians. In the amended charge, all 4 
were accused of trafficking by the way of manufacturing methamphetamine at a 
house at Taman Sri Rambai in Seberang Perai Tengah district on Aug 20, 2015 
about 10.10pm. It is an offence under Section 39B(1)(a) of the Dangerous Drugs 
Act 1952 which is punishable under Section 39B(2) of the same Act read together 
with Section 34 of the Penal Code which carries the death penalty or lifetime 
imprisonment.


If not sentenced to death then the accused must be whipped not less than 15 
times. All 4 pleaded not guilty and claimed trial after the charge was read to 
them.


Balakrishnan was represented by A. Ashok, Lacheme Devi by RSN Rayer and the 2 
Iranians were represented by Kitson Foong. Deputy Public Prosecutor Farah Aimy 
Zainul Anwar prosecuted.


"I hereby order the accused to enter defence against the charges," said the 
judge.


He then explained the 3 options that are available to enter defence; to remain 
silent, give testimony from the dock, or sworn testimony from the witness 
stand.


"They can speak with their counsels, but the decision must be made by them," he 
added.


All 4 then agreed to give sworn testimony and the court fixed Nov 11 to 14 for 
hearing.


(source: indiatimes.com)








SRI LANKA:

Mother and son sentenced to death over murder



A mother and a son of the same family have been sentenced to death by the 
Colombo High Court over a case of murder.


The order was issued by High Court Judge Pradeep Hettiarachchi when the case 
was taken up today (03).


The convicted mother and son had murdered the wife of the son by setting on 
fire back in 2007. The incident which had taken place in 2007 had, reportedly, 
been the result of a family issue.


Following an extensive hearing, the 75-year-old mother and the 35-year-old son 
were issued capital punishment today.


(source: adaderana.lk)








INDIA:

Prime Accused In Radha Kumari Murder Case Sentenced To Death



The prime accused in the Radha Kumari rape and murder case has been awarded the 
death penalty by the District and Sessions Judge, Sivasagar, SK Poddar on 
Thursday, October 3.


The court gave the accused, Bikas Das, 30 days to appeal before the High Court.

21-year-old Radha Kumari was raped and strangled to death inside a passenger 
train travelling from Tinsukia to Rangia on July

[Deathpenalty] death penalty news----OHIO, NEV., ORE., USA

2019-10-03 Thread Rick Halperin





Oct. 3



OHIO:

Ohio Governor Grants Reprieve to Prisoner Who Was Abandoned by Attorneys



Ohio Governor Mike DeWine has granted a reprieve to Cleveland Jackson, delaying 
his execution date from November 13, 2019 to January 13, 2021, because of a 
misconduct complaint filed against his previous appellate attorneys. The ethics 
complaint alleges that John Gibbons and James Jenkins, who were appointed in 
2007 to represent Jackson during his habeas corpus appeal, missed critical 
filing deadlines, did not meet with their client for years, and even failed to 
inform him when an execution date was set. Without consulting with Jackson, 
they also rejected offers of help from the Capital Habeas Unit for the Northern 
District of Ohio.


The Board of Professional Conduct, the disciplinary branch of the Ohio Supreme 
Court, filed the complaint on September 27, 2019. Governor DeWine issued the 
reprieve three days later. The reprieved marked the sixth time Jackson’s 
execution date has been postponed.


A news release issued by the Governor’s office on September 30 suggested that 
the Jackson’s execution might be postponed beyond the two months authorized by 
the reprieve order. “While a certified disciplinary complaint is only an 
allegation, this is a serious allegation raising significant questions that 
need to be resolved in the disciplinary process,” the statement said. “It is 
prudent to issue a reprieve in this matter until the disciplinary process is 
resolved.”


The statement also said the Ohio Department of Rehabilitation and Corrections 
was experiencing “[o]ngoing issues” relating to its ability “to acquire drugs 
pursuant to their protocol.”


The 25-page ethics complaint sets forth a litany of failures that the Board of 
Professional Conduct complaint charges Gibbons and Jenkins with failing to 
provide competent representation, failing to act with reasonable diligence and 
promptness in representing Jackson, failing to reasonably consult with Jackson 
about the case, keep him informed of developments in the case, and respond to 
his inquiries, failing following their withdrawal from the case “to take steps, 
to the extent reasonably practicable, to protect [Jackson’s] interest,” and 
“engaging in conduct prejudicial to the administration of justice.”


In 2007, Jackson requested that federal defenders be appointed to represent him 
in his habeas corpus proceedings. The court denied that request and instead 
appointed Gibbons and Jenkins, who filed a habeas petition that was quickly 
denied. They appealed that denial, seeking several extensions of time before 
ultimately submitting a brief that, the complaint says, failed to conform to 
the court’s rules. After the appeals court upheld the lower court’s ruling, the 
Ohio federal defender’s office offered to help the 2 lawyers. They refuse the 
offer without consulting Jackson. They then failed to inform Jackson when Ohio 
issued a death warrant scheduling his execution for 2013. Even after agreeing 
to withdraw from the case, counsel remained uncooperative, failing to time 
provide the defense files to Jackson’s new lawyers. In response to one request 
for those files, Gibbons emailed to Jackson’s federal defenders: “Thank you for 
your gratuitous, asinine, threatening letter …. Mr. Jenkins and I are 
individual practitioners, not supported by the United States taxpayers, such as 
you and your office.” He insisted on up-front payment for the costs of 
retrieving the files before providing them to the new lawyers. The ethics 
complaint says that, when the files were turned over, they contained very 
little work product.


Jackson’s current lawyer, assistant federal defender Dale Baich, called the 
reprieve issued by Governor DeWine “entirely appropriate due to the failure of 
Mr. Jackson’s former habeas counsel which resulted in a problematic legal 
process in his case.” Baich said numerous issues “were not explored due to Mr. 
Jackson’s poor legal representation, [and] evidence of Mr. Jackson’s 
intellectual disability was not developed and presented at the appropriate 
time.” Baich said that prior counsel’s failures have “cost Mr. Jackson his 
right to raise this constitutional challenge, which would have made him 
ineligible for a death sentence. Now,” Baich said, “the courts may no longer 
have the ability to review these and other meritorious claims.”


(source: Death Penalty Information Center)

*

Murderer George Brinkman: No excuses, give me death



George Brinkman argued for his own death sentence Wednesday, telling a panel of 
3 judges he deserves the harshest of punishments.


Stepping to the witness stand, the 47-year-old Stark County man apologized for 
murdering Roberta (Bobbi) and Rogell (Gene) John in June 2017. Brinkman said he 
wasn’t making excuses for taking their lives.


“They were extremely kind, caring and wonderful and people who did not deserve 
to be killed by me,” he said. ”... I’m so very 

[Deathpenalty] death penalty news----TEXAS, N.C., FLA., MISS., LA.

2019-10-03 Thread Rick Halperin





Oct. 3




TEXAS:

Death Watch: Judge's "Horrible Bigotry" Not Enough to Force New TrialThe 
5CA has denied Randy Halprin's plea as his death date nears




The 5th U.S. Circuit Court of Appeals doesn't dispute that the judge in Randy 
Halprin's trial was a racist. But in its Sept. 23 ruling, the 5CA says there's 
nothing it can do about it now that will help Halprin, a member of the 
notorious Texas 7, scheduled to be executed Oct. 10.


Halprin's attorneys allege that his trial was biased beyond repair and a new 
one is in order. The 1st sentence of their appeal to the 5CA reads: "The 
Honorable Vickers Cun­ningham, the presiding judge at Randy Halprin's capital 
trial, is a racist and anti-Semitic bigot who described Halprin – a Jewish man 
– as 'that fuckin' Jew' and a 'goddamn kike.'" Cunningham presided over most of 
the trials of the Texas 7, a group of inmates who broke out of prison in 2000 
and robbed a sporting goods store, then shot down Irving police officer Aubrey 
Hawkins when he responded to the alarm. They hid out for months before a tip to 
the television show America's Most Wanted led authorities to Colorado, where 
they apprehended 6 of the 7 men in 2001 (one killed himself to avoid capture). 
One after another, the defendants received death sentences from Cunningham; 4 
have already been executed. Patrick Murphy, whose execution was stayed in March 
after he'd asked for a Buddhist priest to attend to him in the death chamber, 
is now scheduled to die in November.


Cunningham's bigotry came to light 15 years after the trials, when he was 
running in the 2018 Republican primary for a seat on the Dallas County 
Commissioners Court. Cunningham's brother told The Dallas Morning News about 
the living trust Cunningham had set up for his children – allowing them to 
receive shares of their inheritance only upon marrying straight white 
Christians. In a video interview with the News, Cunningham said, "I'm 
supporting what my beliefs are." When asked if he had ever used the "N-word," 
he gazed pensively into the air and waited 9 seconds before answering no. This 
news broke on the last day of early voting in the run-off, in which Cunning­ham 
had been heavily favored; he ended up losing by 25 votes. He and other family 
members deny he is a racist; he still practices law in Dallas today.


McKinney said Cunningham took pride in the death sentences he handed out, and 
remembers him saying, “from the wetback to the Jew, they knew they were going 
to die.”


Halprin's appeal to 5CA is replete with other examples of Cunningham's bigotry. 
Tammy McKinney, who grew up with Cunningham and knew him well, is quoted as 
saying he regularly used language "such as 'nigger,' 'wetback,' 'spic,' 'kike,' 
'the fuckin' Jews.'" She said Cunningham took pride in the death sentences he 
handed out to the Texas 7 and remembers him saying, "From the wetback to the 
Jew, they knew they were going to die."


Amanda Tackett, who worked on Cunningham's earlier failed run for Dallas County 
district attorney in 2006, also remembers his demeaning language. She says 
Cunningham often used the N-word and would place it in front of a black 
person's name, as he did with former Dallas D.A. Craig Watkins, whom he 
referred to as N-word Watkins.


Halprin's request for a new trial attracted widespread support; over 100 Jewish 
attorneys and community leaders filed a brief in his favor, and The Washington 
Post backed his appeal. Current Dallas County D.A. John Creuzot did not oppose 
a retrial. But there were technicalities to consider, rules of procedure. The 
5CA said that for the appeal to be considered, it had to have something new in 
it; while Halprin's defense attorneys argued that they didn't know about 
Cunningham's racism until the 2018 election – and thus it was new evidence – 
the judges ruled that since Cunningham had been racist all along, it did not 
constitute new grounds for appeal, and in any event wouldn't matter. For the 
5CA to order a new trial, the evidence of bias would have to be so compelling 
that it would make a normal jury change its verdict; the judges ruled that 
Halprin's jury would still have found him guilty even if they'd known of 
Cunningham's bigoted views.


Now, time is growing short. Halprin's lawyers will surely ask the U.S. Supreme 
Court to review his case and order a new trial, but SCOTUS hasn't replied to 
questions about their plans. If they don't hear the case, the appeal has 
nonetheless offered a picture of the judiciary rarely seen, though often 
suspected. In that regard, the 5CA felt compelled to draw a distinction between 
Cunningham's views and its own. The statement of principle came in a footnote: 
"Cunningham's racism and bigotry are horrible and completely inappropriate for 
a judge."


(source: Austin Chronicle)

*

Man accused of killing trooper appears in court



The 24-year-old man accused of killing Texas Department of Public Safety 
T