[Deathpenalty] death penalty news----COLO., ARIZ., CALIF., USA
April 4 COLORADO: Death penalty repeal not happeningSupporters can't pin down votes in Colorado Senate Colorado's rarely used death penalty will remain in place after state Senate Democrats on Tuesday, April 2 abandoned an effort to repeal it this year. The bill was banning capital punishment was expected to easily pass the House, where Democrats have a much wider margin, and get Gov. Jared Polis' signature. But it had been in limbo for weeks while supporters tried to find enough votes in the Senate, where Democrats hold only a 2-seat advantage. State Sen. Julie Gonzales, a Denver Democrat and one of the bill's sponsors, fought tears on the Senate floor Tuesday as she asked that the legislation not be debated until May 4, the day after the regular session ends, effectively killing the bill. "For many of us, this has not solely been a head decision," she said. "It's been a heart decision." Colorado has used the death penalty just once since the U.S. Supreme Court reinstated it in the 1970s. Three men currently sit on death row here, but no one has been sentenced to death in a decade — including in horrific crimes such as the Aurora theater shooting and Christopher Watts' 2018 murder of his wife and 2 young daughters. Former Colorado Gov. John Hickenlooper in 2013 indefinitely stayed the execution of Nathan Dunlap, who was found guilty of killing four of his former co-workers at an Aurora pizza parlor. The other two men on death row are Sir Mario Owens and Robert Ray, who were convicted in the 2005 murders of Javad Marshall-Fields and Vivian Wolfe. They are in the midst of appeals and their executions have not been scheduled yet. While Democrats are more likely to oppose capital punishment, the issue doesn't break strictly along party lines. State Sen. Rhonda Fields, an Aurora Democrat and the mother of Javad Marshall-Fields, is a staunch supporter of the death penalty. "I feel a little numb. It's such a sense of emptiness," Fields said in an interview. "It's been something that's been lingering out there. There are no winners in this." State Sen. Angela Williams, another Denver Democrat and sponsor of the bill, said later that she was disappointed in her colleagues. At least four members of the Senate Democratic caucus would not commit to vote one way or the other, creating an unusual level of certainty. "This is a progressive issue, so I'm extremely disappointed in legislators who are not able to determine where they are and take the tough votes," she said. Both Gonzales and Williams vowed to bring the bill back next year. Williams said she has already taken steps to re-introduce the legislation. "We're going to bring it back and we're going to bring it back and we're going to bring it back until we repeal this barbaric piece of legislation," Williams said. Earlier this year, the governor floated an idea of a special session if lawmakers couldn't work out their differences. That no longer appears to be the case. In a statement, Polis said there are "no plans" for a special session. "It has always been my position that the death penalty is an ineffective deterrent that is discriminatory in its application and ends up costing taxpayers more than a life sentence without parole," Polis said. "I hope that legislators take the time to continue working on this issue so hopefully by next session, we can end this ineffective, expensive and discriminatory practice." (source: Fort Morgan Times) ARIZONAnew death sentence Killer who claimed Scientology defense sentenced to death by Arizona jury The man who tried and failed to convince jurors that his upbringing as a Scientologist helped rationalize why he bludgeoned two people to death and set their bodies on fire was sentenced Wednesday to death by a Prescott jury. The jury announced its verdict of death shortly after noon, according to a public information officer for the Yavapai County Superior Court. Kenneth Wayne Thompson, 35, used a hatchet and knife to kill his sister-in-law, Penelope Edwards, and her boyfriend, Troy Dunn, in March 2012, according to court testimony. He then poured acid over the bodies and set the house on fire before fleeing the scene. A jury convicted him of the killings Feb. 20. Jurors began deliberating on March 30 whether Thompson should spend his life in prison or die by lethal injection. Prosecutors with the Yavapai County Attorney’s Office painted the crime as a deliberate plan, hatched in Thompson’s mind days before and carried out unbeknownst to anyone, including his wife, Gloria. As evidence, prosecutors told jurors how Thompson bought a gun and a temporary cellphone in the days before. He then told his wife he was leaving their home in the Ozarks region of Missouri to travel to Memphis to deal with a legal issue involving his parents’ estate. Instead, Thompson drove to Arizona, making the journey in just over
[Deathpenalty] death penalty news----COLO., ARIZ., CALIF., USA
Dec. 8 COLORADO: Announcement expected Friday in Montour murder cases The 4th Judicial Circuit District Attorney will make a public announcement about the case of Edward Montour Friday afternoon. The man accused of beating his daughter to death in 1997 and then killing a jail guard in 2002 has run through over a decade of court proceedings. District Attorney Dan May will host a press conference in front of the courthouse on Tejon, across from the Pioneer's Museum at 1:30 p.m. Other law enforcement figures will be there, including Colorado Springs Police Chief Pete Carey and Dr. Leon Kelly from the El Paso County Coroner's Office. According to the DA, in March '97, Montour beat his 11-week-old daughter while her mother was at work. Little Taylor Montour suffered a broken femur, multiple broken ribs, a skull fracture and bleeding in her brain. She would later die. A jury of his peers found Montour guilty of 1st-degree murder and child abuse resulting in death the following year, the DA's office says. He was sentenced to life without the possibility of parole. Time would pass before Montour was again in court, this time for allegedly killing Eric Autobee, a prison guard at the Limon Correctional Facility's kitchen. While fighting those charges, he tried to revisit his conviction for killing his daughter. The DA says he was trying to lessen the consequences he would eventually face for killing Autobee. Autobee's surviving family asked the DA to stop trying to get the death penalty for Montour - during the 12 years of trials. Eventually, prosecutors did once Montour pleaded guilty - and agreed to a life sentence without the possibility of parole. In their release announcing the press conference, the DA's office refers to Montour's alleged "endless legal maneuvering, misinformation introduced as fact and seemingly never-ending delays," in his case. Those lines are most likely referring to, among other things, Montour's legal team's successful lobbying in April 2014 to have the cause of his daughter's death changed from "homicide" to "undetermined." His legal team would then ardently, if unsuccessfully push that he was wrongly convicted of his daughter's death - an outcome that allegedly led him to kill Autobee. He also pleaded not guilty to killing Autobee in 2013 by reason of insanity - a plea that would be later dropped. In 2003, he was ordered to be put to death by a judge. The ruling went all the way to the state's Supreme Court where it was decided only a jury could put someone to death. The DA is expected to talk about Montour's case during their press conference: what made it so unique, challenging and interesting? They'll also discuss what they call the importance of the court's ruling. (source: KUSA TV news) ARIZONA: Prosecutors to Seek Death Penalty in Phoenix Serial Killings Prosecutors plan to seek the death penalty against a former city bus driver charged in a string of deadly nighttime shootings in Phoenix that led some people in neighborhoods where the attacks occurred to stay inside after dark. A notice of intent to seek the death penalty against 23-year-old Aaron Juan Saucedo was filed Wednesday in 8 of the 9 killings in which Saucedo is charged with 1st-degree murder. It's not known yet whether prosecutors will seek the death penalty in the 9th killing. Prosecutor Juan Martinez said in court records that the death penalty was being sought because the killings were committed in a cold and calculated manner. Thomas Glow, an attorney representing Saucedo, declined to comment on the plan to seek the death penalty against his client. Saucedo has pleaded not guilty to charges of 1st-degree murder, attempted murder and drive-by shooting in attacks that killed 9 people and wounded 2 others during a nearly 1-year period that ended in July 2016. At court hearing in May, Saucedo declared that he was innocent. Investigators said the victims were shot by Saucedo as he prowled the neighborhoods in a car and opened fire from inside it or stepped out briefly to shoot before driving away. The victims were outside their homes or sitting in cars during the attacks. Most of the killings were in a mostly Latino neighborhood. Police said the victims included a 21-year-old man whose girlfriend was pregnant with their son and a 12-year-girl who was shot to death along with her mother and a friend of the woman. Authorities say a 9mm shell casing was found in Saucedo's car when it was seized by police. Police say the casing was fired from the same gun as the shells found in the aftermath of 9 of the 12 attacks. The killings stumped investigators for months, but they got a break in April when Saucedo was arrested in the August 2015 fatal shooting of 61-year-old Raul Romero, whose girlfriend was Saucedo's mother. It's unclear whether prosecutors are seeking the death penalty against Saucedo in Romero's
[Deathpenalty] death penalty news----COLO., ARIZ., CALIF., USA
Aug. 12 COLORADO: Holmes' lawyers want death penalty tossed over leak to Fox NewsThe defense asked the judge to either scrap the death penalty, bar more than a dozen officers who saw the notebook from testifying, or appoint a special prosecutor to investigate the leak Lawyers for accused theater shooter James Holmes want the judge to toss the death penalty as possible punishment amid ongoing concerns about an apparent law enforcement leak to a Fox News reporter in the days after the shootings. In a motion released Monday, the defense argues that the leak of information about a notebook Holmes mailed to his psychiatrist right before the July 20, 2012, shootings violated a judge's order and Holmes' right to a fair trial by sharing crucial evidence with the public. The defense asked the judge to either scrap the death penalty, bar more than a dozen officers who saw the notebook from testifying, or appoint a special prosecutor to investigate the leak. Prosecutors objected to the measure, the defense said. Holmes' lawyers have argued since 2012 that a law enforcement violated the judge's gag order and possibly committed perjury when they leaked information about the notebook to Fox News reporter Jana Winter. The defense tried to compel Winter to disclose who her source was, but a judge in her homestate of New York ruled against the defense and said New York law barred the defense from forcing her to disclose the information. Holmes is accused of killing 12 and wounding dozens more in the shooting rampage. He has pleaded not guilty by reason of insanity. (source: Aurora Sentinel) ** Attorneys seeks details on informant in Denver bar attack that killed 5 Attorneys for the man facing the death penalty for allegedly stabbing 5 people to death in a Denver bar said Monday they want more information about a 4th man connected to the attack. Dexter Lewis, 24, is charged with 16 counts, including 1st-degree murder, in the attack at Fero's Bar and Grill that left 5 people dead in October 2012. Lewis' attorneys argued on Monday that prosecutors should continue seeking and disclosing information about Demarea Harris. Harris was working as a confidential informant for the Bureau of Alcohol, Tobacco, Firearms and Explosives at the time of the attack. Harris has never been arrested or charged in the attack, and defense attorneys are seeking more information about the work he did for the ATF and the cases he provided information on. Prosecutors say they have given defense attorneys all of the information the ATF released to them. Defense attorneys called ATF Agent Brandy Spasaro, who handled Harris when he worked as a confidential informant. Spasaro received some details about Harris' work for the ATF, but declined to answer several questions that she said pertained to confidential information. Harris was recruited by the ATF after he was arrested by Denver police for possessing what appeared to be a small amount of crack cocaine. He continued to work as a confidential informant, completing a number of controlled purchases, until the October 2012 attacks. In exchange for his work the ATF agree to speak to the Denver District Attorneys office on his behalf about the drug charge, Spasaro said. He was also paid about $3,000 for his work. After Harris spoke to police about the deaths at Fero's bar, the ATF gave Harris about $2,500 for temporary housing and relocation fees. Spasaro said Harris is no longer working as an ATF informant. Spasaro said there were at least 5 people Harris provided information about to the ATF. She could not discuss details of those cases or the information Harris provided. In their motion seeking more information about Harris, defense attorneys listed three cases Harris was involved in. Those cases involved drug and weapons charges. About 200 motions have been filed in the case and attorneys are expected to argue several of them during hearings this week. Many of the filings address what evidence will be admitted at trial, including statements by 4 other men connected to the case. 1 other men charged in the case, brothers Joseph and Lynell Hill, have accepted plea agreements and have received lengthy sentences. Their statements contradict those made by Harris who told investigators Joseph Hill was the first person to start stabbing the victims. Defense attorneys are also challenging statements made by Lewis' former cellmate at the Denver jail. Lewis allegedly asked the cellmate to find and kill several witnesses in the case and provided him with a hand-drawn map of the crime scene. The victims were the bar's owner, Young Suk Fero, 63, of Aurora; Daria M. Pohl, 21, of Denver; Kellene Fallon, 44, of Denver; Ross Richter, 29, of Overland Park, Kan.; and Tereasa Beesley, 45, of Denver. (source: The Denver Post) ARIZONA: Jodi Arias Trial Update: Lead Attorney Motions to Quit
[Deathpenalty] death penalty news----COLO., ARIZ., CALIF., USA
Nov. 26 COLORADO: Judge rebuffs move for more secrecy in Holmes case The judge in the Colorado theater shootings has rebuffed a request by the defense to further limit public access to documents in the case. The ruling on Friday denied a defense request for the court to stop posting documents online and to deny public access to transcripts and to a weekly summary of court actions. It marked a rare victory for public access in the case against James Holmes. A gag order prevents attorneys from discussing the issues publicly outside of court. In his ruling, Arapahoe County District Judge Carlos A. Samour Jr. also noted that he has repeatedly limited public access to documents at the request of attorneys or on his own. Holmes' lawyers argued that publicity surrounding the case threatens to make it impossible to find an unbiased jury. But Samour disagreed, saying the defense had not made a persuasive argument to suppress the transcripts and docket. He also said the public and the media have an interest in monitoring the case and that posting documents online was the most efficient way to make records available. Holmes, 25, is accused of killing 12 people and injuring 70 in the July 2012 attack at a movie theater in the Denver suburb of Aurora. He pleaded not guilty by reason of insanity to multiple charges of murder and attempted murder. Prosecutors are seeking the death penalty. Samour also pointed out the results of Holmes' sanity evaluation done last summer at the state mental hospital remain secret, as does a notebook that Holmes mailed before the shootings to a psychiatrist who had been treating him. The secrecy prompted the defense to aggressively pursue the identities of confidential sources that Fox News reporter Jana Winter cited in reporting that the notebook contained violent drawings. Defense lawyers say Winter's sources violated the gag order, and they want her to reveal their names. Winter, who is based in New York, argues state shield laws there and in Colorado protect her from having to identify her sources. She has said she won???t identify them in any event, even though she could be jailed for contempt of court. Media groups including The Associated Press objected to the defense request to limit public access. So did some victims who want court documents for lawsuits. A trial date is on hold while Samour considers a prosecution request for further psychiatric evaluation of Holmes. (source: Associated Press) ARIZONA: Jodi Arias Trial News Update: Arias Tweets About Arizona Prison While Awaiting Retrial, Facing Death Penalty Although Jodi Arias is currently awaiting a retrial in which she might be sentenced with the death penalty, the convicted killer seemed more concerned about how much water the prison she's locked in wasted last week. Arias, who is being held in a women's prison in Maricopa County, Arizona, revealed in a series of tweets that one of the toilets in the prison got stuck on flush mode for over 24 hours. Yesterday around 4:30 p.m. a toilet upstairs got stuck on flush...26 hours later, it's still flushing, she tweeted Friday night. I wonder how many hundreds of thousands of gallons of water wasted that makes, she added. And finally on Saturday afternoon she wrote, The toilet finally stopped flushing. Is the Colorado River now down to a trickle? The California native was convicted of 1st-degree murder on May 8 in the ghastly 2008 death of her ex-boyfriend Travis Alexander in his suburban Phoenix, Ariz. home. However, the same jury that found her guilty failed to reach a unanimous decision on her sentencing. As a result, a retrial will be held later this year to determine whether she should be sentenced to death, life in prison or life with a chance of release after serving 25 years. She remains behind bars and is forbidden from accessing cell phones or computers. However, her Twitter account has remained active. Last week, Maricopa County Superior Court Judge Sherry Stephens denied several requests motioned by her lawyers in her upcoming retrial. In her ruling, Judge Stephens denied the defense's request for sequestration since she granted the defense's motion to ban live TV coverage of the retrial. However, she is permitting reporters to attend the proceedings in addition to one still camera photographer inside the courtroom. The Court finds the interests of justice do not require sequestration of the jury of the sentencing phase retrial in this case, wrote Stephens according to HLN-TV. In the same ruling, Stephens said Arias' lawyers had failed to prove the media glare required a change of venue. Therefore, the retrial will take place at Maricopa County Courthouse in Arizona like Arias' 1st trial. Stephens also denied the defense's request to individually question potential jurors during jury selection. Instead, candidates will be questioned in groups of 10 for
[Deathpenalty] death penalty news----COLO., ARIZ., CALIF., USA, US MIL.
June 5 COLORADO: Holmes can plead insanity in Colo. theater shooting Mass shooting suspect James Eagan Holmes was allowed Tuesday to change his plea to not guilty by reason of insanity, setting the stage for an extensive mental-health evaluation that could stretch into 2014. Judge Carlos Samour Jr. accepted the revised plea at a hearing Tuesday, three months after the court entered a plea of not guilty on Mr. Holmes' behalf in the Aurora theater shooting. Mr. Holmes, a 25-year-old former graduate student, has been charged with multiple counts of murder and attempted murder stemming from the July 20 attack at the Century 16 Aurora premier of The Dark Knight Rises that left 12 dead and 58 wounded. His defense attorneys have argued that Mr. Holmes is mentally ill. Last month, the court rebuffed their efforts to overturn the state's laws on the insanity plea. Tuesday's plea means that Mr. Holmes must cooperate with a series of court-ordered independent psychiatric evaluations designed to determine his mental state at the time of the shooting. As a result, his trial date may be pushed back from the scheduled start date of February 2014. Arapahoe County District Attorney George Brauchler is seeking the death penalty, but if a jury finds that Mr. Holmes was legally insane at the time of the shooting, under state law he cannot be executed. The court was also considering Tuesday dozens of motions defense filed by the defense on topics such as jury sequestration and evidence procedures. (source: Washington Times) ARIZONA: Arias lawyers discuss possible death penalty retrial; Maricopa County Attorney Bill Montgomery discusses whether his office plans to retry the penalty phase of the Jodi Arias murder trial. Jodi Arias' defense team responded Tuesday to Maricopa County Attorney Bill Montgomery's suggestion last week that he would go forward with a trial to convince a new jury to impose the death penalty on Arias unless her attorneys made an offer for resolution. If the diagnosis made by the State's psychologist is correct, the Maricopa County Attorney's Office is seeking to impose the death penalty upon a mentally ill woman who has no prior criminal history, Kirk Nurmi and Jennifer Willmott said in a joint statement exclusively to The Arizona Republic. Despite Mr. Montgomery's recent statements to the media, it is not incumbent upon Ms. Arias' defense counsel to resolve this case. Instead, the choice to end this case sits squarely with Mr. Montgomery and his office. The decision will indeed be up to Montgomery. Maricopa County Superior Court Judge Sherry Stephens has set a tentative court date of July 18 to seat a new jury just to consider the death penalty, but Willmott has indicated that she has a scheduling conflict then. Montgomery's statement that he would consider offers from the defense indicates he might consider concessions from Arias, such as not pursuing appeals. But courthouse regulars suggest that Arias, 32, could just as easily take her chances going back to trial. And in the event she gets death, she would have 20 years or so to do battle in state and federal appeals court to try to get a lesser sentence or a new trial. If Montgomery lifts the intent to seek the death penalty, Arias would receive a mandatory life sentence. Stephens would then choose between life in prison or natural life in prison. The former is frequently referred to as life with chance of parole after 25 years, but that is a misnomer often used even during court proceedings. Arizona discontinued parole for 1st-degree murderers in 1994. Anyone sentenced since then might be sentenced to life with possibility of release after 25 years. Parole is only available for those who committed murders before 1994. (source: USA Today) *** Arias lawyers respond to Montgomery On May 8, Jodi Arias was convicted of the 2008 murder of her sometime lover, Travis Alexander, but on May 23, the jury reached impasse on whether to sentence her to death or to life in prison. A week later, Maricopa County Attorney Bill Montgomery said that his office would go forward with the trial to convince a new jury to impose the death penalty, but ... If they were to make an offer for resolution, I think I have an ethical responsibility to consider that, he said. Today Arias' defense attorneys, Kirk Nurmi and Jennifer Willmott issued a joint statement in an exclusive to The Arizona Republic. If the diagnosis made by the State's psychologist is correct, the Maricopa County Attorney's Office is seeking to impose the death penalty upon a mentally ill woman who has no prior criminal history, they wrote. Despite Mr. Montgomery's recent statements to the media, it is not incumbent upon Ms. Arias' defense counsel to resolve this case. Instead, the choice to end this case sits squarely with Mr. Montgomery and his office. It is solely for them to
