[Deathpenalty] death penalty news----OHIO, NEV., ORE., USA
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----OHIO, TENN., ARK., MO., NEB., NEV.
Oct. 1 OHIOexecution date moved Governor delays execution of Lima murderer Convicted Lima murderer Cleveland R. Jackson’s date with Ohio’s lethal injection gurney has again been delayed, this time for more than a year. Gov. Mike DeWine on Monday cited a disciplinary complaint filed against Jackson’s former attorneys as he issued another reprieve for the man who, with half-brother Jeronique Cunningham, opened fire 17 years ago on a crowded apartment kitchen in a robbery. 2 died — Jayla Grant, 3, and Leneshia Williams, 17. He faces execution for Ms. Williams’ death but is serving life in prison without parole for Ms. Grant’s murder. The execution, previously set for Nov. 13, has been postponed until Jan. 13, 2021.The move by the Republican governor follows a disciplinary complaint that was made public on Friday against the attorneys who previously represented Jackson, 41. The attorneys have been accused of all but abandoning him, leading to the appointment of new counsel. A news release from Mr. DeWine’s office also cited the state Department of Rehabilitation and Correction’s continuing difficulties in obtaining the drugs it wants to use as part of its three-drug protocol. The governor previously had cited a federal court’s ruling in which the magistrate judge expressed his opinion that Ohio’s lethal injection protocol amounts to unconstitutionally cruel and unusual punishment. But that Dayton magistrate judge never issued an order to postpone an execution, and the U.S. Sixth Circuit Court of Appeals recently overturned his decision in which he registered his opinion. Although they’ve each tried to blame the other for firing the gun, Jackson and Cunningham were both convicted of corralling eight people into an apartment kitchen on Jan. 3, 2002, robbing them, and then opening fire at close range. The next person scheduled to be executed at the Southern Ohio Correctional Facility in Lucasville is James Galen Hanna, convicted of stabbing his cellmate, Peter Copas, in the eye and bludgeoning him with a sock containing a padlock in 1997. Hanna was serving a life sentence in the Lebanon Correctional Institution at the time for the 1978 murder of a clerk in a West Toledo convenience store. He is scheduled for execution Dec. 11. (source: Toledo Blade) TENNESSEE: Tennessee governor hands-off as AG moves for more executions Tennessee's governor is refraining from weighing in on the attorney general's request to schedule executions for 9 death-row prisoners and restore a 10th inmate's death sentence. Republican Gov. Bill Lee said Thursday that it is Attorney General Herbert Slatery's prerogative to request the execution dates and to challenge a court's decision commuting an inmate's death sentence to life in prison. Lee said he and Slatery haven't discussed the decisions. If Slatery's 2 moves are successful, Lee would have to decide 12 separate times whether to spare the life of a prisoner on death row: 2 other executions have already been scheduled. Tennessee, which performed three executions last year, was second only to Texas, which carried out 13. Most states have been moving away from the death penalty. "The Supreme Court and the attorney general make determinations about executions ... and how that process unfolds," Lee told reporters Thursday. "So I will let that process ... play out. That's their responsibility." As a 2018 gubernatorial candidate, Lee touted his Christian faith and highlighted his participation in inmate-mentoring programs. Last week, Slatery announced he would challenge a Nashville criminal court's decision to commute the death sentence of black inmate Abu-Ali Abdur'Rahman's to life in prison after concerns were raised that racism tainted the jury selection pool. Slatery argued in his appeal that the court's order "circumvented established legal procedures." He also asked the state Supreme Court to set execution dates for 9 death row prisoners. Tennessee has executed five people since August 2018, including three by electrocution — an option for inmates convicted of crimes before January 1999. Two of the executions have taken place since Lee took office. In those cases, the governor denied each of the inmates' requests for clemency. In Tennessee, the attorney general can request execution dates once juries have delivered death sentences and inmates have exhausted their three-tier appeals process in state courts and the U.S. Supreme Court. The state Supreme Court then schedules the executions. Lee is expected to reveal a slate of criminal justice reform proposals for the upcoming legislative session in January, but changes to the death penalty are not expected to be among them. Asked Thursday if he thought the death penalty law should be changed, the governor replied, "That's a decision for the people of Tennessee and the Legislature. The death penalty is appropriate for those
[Deathpenalty] death penalty news----OHIO, ARIZ., USA
Sept. 24 OHIO: Ohio Governor's Lethal Injection Comments Allowed in Lawsuit A federal magistrate judge is allowing comments about the death penalty made by Ohio Gov. Mike DeWine to become part of a long-running lawsuit challenging Ohio's lethal injection process. Lawyers for death row inmates asked for the inclusion of "numerous statements" by the Republican governor that he would not authorize executions using the state's current 3-drug method. The lawyers argued the statements weren't barred by rules preventing the use of hearsay and that they were relevant since DeWine has said executions won't go forward for now. U.S. Magistrate Judge Michael Merz in Dayton on Monday ruled in favor of allowing DeWine's comments into the court case. Executions have been on hold in Ohio while the prisons system looks for new supplies of lethal drugs. (source: Associated Press) ** The Parole Board's Clemency Process Is Changing The changes the Parole Board is making when considering clemency for death row inmates will begin in January. The Ohio Parole Board will get more information on the background of inmates. The inmate’s application for mercy, reports of child abuse, mental health and substance abuse history will all be given to parole board members early. Senior Federal Public Defender David Stebbins says they were getting just the inmate’s case record, disciplinary history and rehabilitation efforts on the day of the clemency hearing. “This permits the board to have all of the positive reasons for clemency before them before they interview the client," Stebbins says. Gov. Mike DeWine said he wanted changes after criticism that the board wasn’t transparent. Former State Sen Shirley Smith, who used to sit on the board, said the board lacked integrity and decency in the way it handled death penalty cases. (source: statenews.org) ARIZONA: Death Row Inmates Challenge Post-Conviction Rules Death row inmates are ill-served by the way states approve attorneys for post-conviction defense teams, 11 Arizona prisoners and the state’s Office of the Federal Public Defender claimed Monday in suing the Department of Justice. At issue are federal rules governing how states provide death row inmates with adequate representation. The rules allow a quick process with little oversight, which gives inmates curtailed timelines for filings, no voice in rulemaking, and leaves them at the mercy of states, which can simply write a letter saying the process is fine, according to the 37-page complaint. Once the Justice Department approves the states’ processes, the timeline for habeas corpus proceedings is shortened and judicial review of state judgments is curtailed, according to the complaint, which challenges the rules as substantively and procedurally deficient. Considering the states’ process certifications as “orders,” not rules, shortens the length of time allowed to file some petitions; states do not have to adequately explain their process for certifying attorneys; the rulemaking process does not require meaningful public input; and the rules allow improper communication between state and federal officials, lead plaintiff Steve Boggs says. Not requiring states to fully explain how they decide attorneys are qualified unfairly puts the burden on defendants to show that the process is inadequate, rather than requiring the states to show it was not — a clear violation of the intent of Congress, the complaint states. “A state applying for certification must bear the burden of demonstrating that it meets the statute’s requirements, as Congress clearly intended, but the regulations improperly leave it to the public to demonstrate that the state does not,” the plaintiffs say. For example, the Arizona attorney general submitted only a 3-page letter stating the process there is adequate, despite numerous public comments decrying the process, including from the plaintiffs, going unaddressed, the lawsuit says. It takes specific aim at the Antiterrorism and Effective Death Penalty Act of 1996, Clinton-era legislation: “At bottom, the Attorney General is free under the regulations to arbitrarily disregard relevant comments without explanation, thus depriving the public of its right to understand the basis for agency action affecting important legal rights and further frustrating a reviewing court’s ability to evaluate the Attorney General’s decisions,” the complaint states. In short, the rules allow the U.S. attorney general far too much discretion, the plaintiffs say. “The regulations create a procedurally and substantively inadequate procedure by which the Attorney General may certify the adequacy of a state’s mechanism for appointing counsel with little public input and few constraints on his discretion,” they say. The Arizona federal defender’s office represents 77 indigent death-row prisoners in federal habeas
[Deathpenalty] death penalty news----OHIO, NEV., US MIL.
Sept 15 OHIO: New twist in Ohio death penalty Vicki Williams of Lima believes Cleveland Jackson showed little regard for her daughter, Leneshia, when he killed her in 2002. As for his death sentence, the only thing she sees as being “cruel and unusual punishment” are the 17 years she’s waited for his execution. The 6th U.S. Circuit Court of Appeals sided with her on Wednesday. It said a federal judge in Dayton was wrong when he ruled in January that Ohio’s execution protocol was cruel because it created a sensation of drowning. Now the big question is what will Ohio Gov. Mike DeWine do? He delayed executions following the Dayton judge’s ruling, saying “Ohio is not going to execute someone under my watch when a federal judge has found it to be cruel and unusual punishment.” That’s no longer a factor. (source: limaohio.com) *** Death penalty hearing scheduled for 1985 murder of Boy Scout A federal appeals court will hear oral arguments later this year about whether an Ohio man should be executed for the torture, rape and murder of a 12-year-old Boy Scout. Danny Lee Hill was sentenced to death for the 1985 slaying of Raymond Fife. The 6th U.S. Circuit Court of Appeals in February 2018 ruled Hill shouldn't be executed because he showed signs of being intellectually disabled. Ohio Gov. Mike DeWine appealed to the U.S. Supreme Court, which unanimously agreed the 6th Circuit should reconsider the case saying in making its ruling it had relied extensively on a case decided after Hill was sentenced to death. The Supreme Court in 2002 ruled that executing people with intellectual disabilities is unconstitutional. Oral arguments are scheduled for Dec. 5. (source: Associated Press) NEVADA: Nevada Inmate Released From Prison After 33 Years on Death Row Paul Browning was released from Ely State Prison on Wednesday after spending 33 years on death row. Browning, 63, was convicted of murder and sentenced to death for the 1985 stabbing of Las Vegas jeweler Hugo Elsen, The Las Vegas Review-Journal reports. 33 years later, he was freed due to a 2017 opinion from the 9th U.S. Circuit Court of Appeals that found “a mixture of disturbing prosecutorial misconduct and woefully inadequate assistance of counsel” led to “extreme malfunctions” at his murder trial. District Judge Douglas Herndon dismissed the murder conviction, but Browning, who has always maintained his innocence, stayed behind bars because prosecutors asked to postpone the ruling to appeal the decision with the Nevada Supreme Court. Browning was able to walk free on Wednesday after Herndon lifted the hold. “I just want to find a little bit of peace after coming through all this madness,” he told the Review-Journal. (source: thedailybeast.com) US MILITARY: Green Beret charged with murdering suspected Taliban bomb-maker will finally get his day in court Nearly a decade after he allegedly murdered an unarmed Afghan civilian during a 2010 deployment, the case of Army Maj. Matthew Golsteyn is finally going to trial. In February 2010, Golsteyn allegedly executed an Afghan villager who an Afghan tribal leader had identified as bomb-maker who had killed two Marines earlier that month. According to the Washington Post, Golsteyn and two other soldiers later exhumed the victim's remains and burned them. But while Army documents indicated that Golsteyn had admitted during a 2011 CIA polygraph test that he'd killed the man, it took 8 years and 2 separate Army investigations to actually bring the decorated Special Forces officer to trial. Following the 2011 polygraph, Army Criminal Investigative Command opened an investigation into Golsteyn's alleged admission, which civilian lawyer Philip Stackhouse dismissed as a "fantasy," per Army Times. The Army closed its investigation in 2013, and the polygraph only became public knowledge in 2015. In December 2018, the Army officially charged Golsteyn with murder. But days later. President Donald Trump announced on Twitter that he planned on reviewing Golsteyn's case. "At the request of many, I will be reviewing the case of a 'U.S. Military hero,' Major Matt Golsteyn, who is charged with murder," Trump wrote. "He could face the death penalty from our own government after he admitted to killing a Terrorist bomb maker while overseas." Trump's announcement appeared to come in reaction to a segment by Fox & Friends host Pete Hegseth that asked whether the Army was "betraying Maj. Matthew Golsteyn." "A decorated war hero who fought for our country overseas, now a suspected war criminal," Hegseth said in opening the segment. "Former Green Beret Maj. Matt Golsteyn could face the death penalty from our own government after he admitted to killing a Taliban bomb maker while overseas in 2010." Indeed, Golsteyn claimed during a February 2019 interview with Hegseth that he had "conducted an ambush" when he
[Deathpenalty] death penalty news----OHIO, TENN., MO., OKLA., WYO., USA
August 22 OHIO: Ohio's Republican House speaker says he's 'less and less supportive' of the death penalty Amid concerns about finding a constitutional execution drug, Ohio House Speaker Larry Householder says he's "less and less supportive" of the death penalty. "I'm probably like most Ohioans. There was a time that I was extremely supportive of the death penalty," Householder told reporters Tuesday. "But as time's gone on, I've become less and less supportive." Householder cited the high cost of executing death row inmates and the inability to find execution drugs as 2 reasons for his shifting support. The cost of the death penalty is about $3 million per inmate when you factor in appeals and court battles, a 2016 Susquehanna University study found. "It's just becoming more and more difficult to do and it's more and more expensive," he said. Ohio's executions are on hold while prison officials come up with an option that passes constitutional muster. So far, nothing has been proposed. Householder, along with Ohio Senate President Larry Obhof, will control how the debate on the future of the death penalty moves forward. Right now, Householder said he's waiting on Ohio Gov. Mike DeWine for a viable solution to execute prisoners. What isn't a solution? A recent proposal from Rep. Scott Wiggam, R-Wooster, to use fentanyl seized from police in state executions. Householder agreed with DeWine and addiction professionals that the proposal is problematic. "I felt that I might have some issues with that constitutionally," Householder said. "I don't know that you can take a drug that's been seized in an illegal seizure and use that." (source: cincinnati.com) * Canton man waiting 35 years for execution of dad’s killer‘It would be like the end of a chapter going back to when I was a little kid,’ Matt Rowan says of execution of his father’s killer. Matt Rowan walked up to the gravesite of the father he never knew. Standing at his tombstone, the 41-year-old Canton man didn’t reflect on memories of his dad, Herbert M. Rowan III. The son doesn’t have any, and most photos of him were lost in a fire. The elder Rowan was murdered in 1984, when Matt was 6. All that’s left for Rowan are his mother’s stories about his dad. Most tangible is the grave marker he visits at Forest Hill Cemetery, inscribed with his father’s name, the identical dates of his birth and death and a notation for his service in the U.S. Navy. It’s just hard not knowing who your dad was and what he looked like,” Rowan said. He lost that opportunity when David A. Sneed robbed and shot Herbert Rowan, then 26, in the fall of 1984 before ordering his accomplice to shoot Rowan in the head a 2nd time. The weighted body was dumped over a bridge into Nimishillen Creek. Sneed was convicted in 1986 of aggravated murder and aggravated robbery in Rowan’s death. Roughly 35 years later, the son seeks what he hopes is a degree of closure: Sneed’s execution. “It would be like the end of a chapter going back to when I was a little kid,” he said while standing in the the cemetery on an overcast morning recently. But he says the planned execution has brought him only more frustration. Sneed, 57, had been scheduled to die a year ago before it was delayed. He’s now set for execution Dec. 9, 2020, according to the Ohio Department of Rehabilitation and Correction. The son expects another postponement. “Every time I get my hopes up ... it gets pushed to the back-burner again, and it’s going to keep getting pushed back.” Fred Scott, a Stark County assistant prosecutor, agrees. “The (execution) date is meaningless,” he said. “Everybody’s in a holding pattern until the legislature approves either a protocol for the drugs (used for lethal injection) or a new method,” said Scott, who heads the criminal division of the prosecutor’s office. Ohio’s last execution, of Robert Van Hook, occurred in July 2018. There are 24 inmates scheduled for execution through 2024, according to state records. Besides Sneed, four other Stark County defendants are on death row: John Gillard, Edward Lang III, Michael D. Scott and James Mammone. Only Sneed has an execution date, and a Stark County defendant hasn’t been executed for 65 years. Gillard was convicted in 1985, one year earlier than Sneed. Scott was convicted in 2000; Lang, 2007; and Mammone, 2010. Scott, citing the uncertainty of the death penalty in Ohio, said the Stark County Prosecutor’s Office hasn’t requested an execution date for Scott, even though he has gone through the state and federal appeals process. Death penalty in limbo Ohio’s inability to obtain drugs for lethal injection has delayed scheduled executions, Gov. Mike DeWine said last month. The Republican said state prison officials are finding it impossible to line up any company willing to supply drugs for a new lethal-injection method to
[Deathpenalty] death penalty news----OHIO, CALIF.
July 8 OHIO: Man faces retrial in slaying after death penalty overturned A man accused of raping and killing a female bartender is set to face retrial after the Ohio Supreme Court overturned his conviction and death sentence. The News-Herald in Willoughby reports jury selection was set to begin Monday in Lake County court for 34-year-old Joseph Thomas’ retrial in the 2010 slaying of Annie McSween. Prosecutors say Thomas attacked the 49-year-old woman by her car after she asked him to leave the bar where she worked in Mentor-on-the-Lake in northeastern Ohio. The state’s high court overturned his conviction in 2017, ruling that Thomas’ knife collection shouldn’t have been introduced into evidence during the original trial because the weapons weren’t used in the slaying. Thomas has argued he’s innocent. (source: Associated Press) CALIFORNIAfemale may face death penalty 7-year-old involved in drowning incident dies The 7-year-old boy who was found unresponsive in a deep irrigation ditch died Saturday night at Valley Children's Hospital. He was found a week ago Saturday morning, June 29, along with his 12-year-old brother, also unresponsive in a full irrigation ditch near a corn field in the 18900 block of Avenue 184. The 12-year-old died as a result of the incident and the 7-year-old died a week later. The boys' mother, 45-year-old Sherri Telnas, is responsible for the death of both children, Tulare County homicide detectives stated. An autopsy ruled the 12-year-old's death was caused by fresh water drowning. Sherri Telnas, 45, has been charged with drowning the 12-year-old. She will most likely face an additional homicide charge for the 7-year-old's death. Telnas told Tulare County Sheriff's Office deputies she drowned her children because "they were possessed by demons," court documents stated. The 12-year-old died after being submerged in water, deputies stated. The 7-year-old suffered a trumatic brain injury likely caused by lack of oxygen. An autopsy will be done to determine the exact cause of death Telnas was arraigned last week and faces one count of murder with the special circumstance of lying in wait, one count of attempted murder causing great bodily injury, one count of battery, and one count of battery on a peace officer. The count of murder with the special circumstances of lying in wait means Telnas faces the death penalty. Telnas planned to enter a not guilty plea. Telnas next court date is August 15 in Department 17 of the South County Justice Center. (source: recorderonline.com) * 7-year-old Tulare County boy dies, mother now accused of double homicide in sons' deaths. After a week of fighting for his life, a 7-year-old boy died at Valley Children's Hospital. The boy's mother is responsible for his death and the death of his 12-year-old brother, according to Tulare County homicide detectives. Sherri Telnas, 45, has been charged with drowning Jacob's older brother, Jackson Telna. She will most likely face additional homicide charges in connection with Jacob's death. Last week, District Attorney Tim Ward filed a four-count complaint against Telnas. The charges shed light on the "horrific" June 29 morning in rural Tulare County. Detectives believe the mother took her children to a rural irrigation ditch and drown both boys. Telnas told deputies she drowned her children because "they were possessed by demons," according to court documents. After being interrogated, detectives said Telnas "threw spit" on the deputies who interviewed her. Jackson died after being submerged in water, according to deputies. Jacob suffered a traumatic brain injury likely caused by a lack of oxygen from drowning. An autopsy will determine an exact cause of death, deputies said. Telnas, who was arraigned last week, faces 1 count of murder with the special circumstance of lying in wait, 1 count of attempted murder causing great bodily injury, 1 count of gassing, and 1 count of battery on a peace officer. The special allegation that Telnas was lying in wait before allegedly killing her sons means she could be eligible for the death penalty. (source: Visalia Times-Delta) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----OHIO, TENN., ARK., OKLA., UTAH, USA
June 1 OHIO: Death penalty ‘mental illness’ bill heads to Ohio House The Ohio House is considering a bill that would prohibit the executions of defendants if they're found to have had a "serious mental illness" at the time of the offense. The House Criminal Justice Committee approved the measure Thursday after rejecting an amendment offered by Rep. Robert Cupp, a Lima Republican, that would have exempted current death row inmates from the ban. Gongwer News Service reports that Cupp said he was concerned about the cost and the difficulty of finding evidence in old cases. Rep. Bill Seitz, a Cincinnati Republican, said only a few inmates would be eligible. Offenders deemed by professionals to have had "serious mental illness" must have been diagnosed with schizophrenia, schizoaffective disorder, bipolar disorder, or delusional disorder. The bill goes now to the full House. (source: Associated Press) TENNESSEE: Sumner Co. DA: Waiting on evidence, psych. eval. before seeking death penalty for Cummins Sumner County District Attorney Ray Whitley is still awaiting more evidence processing from the TBI and a mental health examination for Michael Cummins before deciding he will seek the death penalty for Cummins who is accused of killing 8 people. "We have to wait until we determine what his mental state is, determine what the evidence is, fit that into the law and make a decision," Whitley said after Cummins preliminary hearing. Whitley has taken criticism from the family of victims who think Sumner County was too lenient on Cummins after a conviction for aggravated arson and aggravated assault. Steve McGlothlin, brother and uncle to 2 of Cummins' alleged victims, said, "I feel Sumner County dropped the ball. This man shouldn't have been out." Whitley responded, "All the facts represented to the judge, we did not drop the ball. We did what we should have done, and it turned out bad. Sometimes that happens. You cannot predict human behavior 100%." Whitley does not want to make a decision on the death penalty until he is sure that Cummins is fit to stand trial. Prematurely calling for the death penalty only to reverse that decision could create false hope for heartbroken people like Virgil Nuckols. "I just want him to get the penalty where he won't be able to come out of jail," Nuckols said. "He's took the most important thing away from me. My wife, my daughter and granddaughter, and I'm really hurt." Testimony in the Wednesday preliminary hearing was too tough for McGlothlin and Nuckols to take; both left midway through the 2 hour hearing that detailed how the bodies were found and beaten. Cummins is accused of the deadliest killing spree in Tennessee since Paul Dennis Reid in 1997 when he killed 7 fast food workers. (source: WZTV news) * Execution lays bare truth about corrosive hatred, need for mercy It was the 4th vigil at the Riverbend Maximum Security Prison in Nashville since executions have made their dark return to Tennessee. Sadly, it was beginning to feel routine. On the road to the prison, there’s a first checkpoint. “For or against?” the officer asks. “Against,” I replied. They placed a yellow sticker on my windshield and moved me on to the next checkpoint. Seeing the sticker, the officer at checkpoint No. 2 motioned me to the “Against” parking lot, where I parked and walked to the third checkpoint, where the question was asked again by armed officers sitting at tables under a tent. “Against,” I responded again as they took my driver’s license and wrote down my legal name. “Ernest, go that way,” he said as he pointed down a roped-off path that led to a fenced-in field. 15 feet away from me were 4 armed officers on black Clydesdales. They looked both silly and ominous, supposedly a symbol of force to keep these people who don’t want people to kill people because they killed people in line, lest they break out into mayhem and violence. As I walked into the “against” area, I saw familiar faces, a collection of people who had visited men on death row, several priests and a few career activists. They talked quietly in small groups, some people standing alone looking up at the nearby hills and a descending sun. We gathered in a circle as a young priest began a liturgy interspersed with scripture, readings, prayers, testimonies and song. Absent this time were cameras from the local TV stations. Sadly, this had become old news. Unless there was a last-minute phone call, Don Johnson, the condemned, would be dead within an hour, killed by a drug concoction that, contrary to popular belief, has been proven to cause torturous pain. I was on the edge of the circle, unable to concentrate on the words, and looking toward the building where Don was being strapped to a gurney. As I looked around, I saw a particular man. He was in the “For” field, connected to the far corner of
[Deathpenalty] death penalty news----OHIO, IND., S.DAK., CALIF., ORE., USA
May 23 OHIO: Ohio should do the right thing, not execute those with mental illness As Ohio takes a break from executions while questions surrounding the lethal drugs used in the process are hashed out, it’s a good time to consider ending execution of people who have serious mental illness. Separate bills to enact such a ban are sitting in committees in the Ohio Senate and House of Representatives. They deserve consideration, and we hope they’ll see hearings soon. Gov. Mike DeWine’s decision earlier this year to pause executions is in line with the nation’s changing view of capital punishment. DeWine, a former prosecutor generally regarded as a law-and-order politician, was responding to a U.S. magistrate’s opinion that the drugs currently used in executions could cause “senseless pain and needless suffering.” DeWine ordered that executions be halted until the state can find a drug or combination of drugs that a court would find constitutional. Americans’ views on the matter, as measured by Gallup Inc., have evolved over the decades. In 1960, 53% supported the death penalty and 36% opposed it. As crime rates rose, support for capital punishment also rose and peaked at 80% in 1994. By October 2017 it had declined to 55% supporting and 41% opposing. That change is attributed in part to the growing use of DNA evidence and its revelation of wrongful convictions of innocent defendants. But another key factor has been growing research into and understanding of mental illness and its role in criminal behavior. People with mental illness should face consequences for harming others, and of course the public must be protected from people whose behavior is dangerous, whatever its motivation. But neither of those requires imposing the ultimate, irreversible penalty on someone who was too impaired to understand and control his actions or who is too ill after the fact to help defend himself in a trial. Unfortunately, some research suggests that lingering misunderstanding and stigma associated with mental illness sometimes causes jurors to see the mentally ill as more deserving of capital punishment rather than less. Barring execution of the mentally ill would fulfill a recommendation of the Ohio Supreme Court Joint Task Force on the Administration of the Death Penalty, which completed its work in 2014. If they want to avoid the moral catastrophe of an innocent person being killed in the public’s name, lawmakers also should consider other recommendations of the task force. For example, one would take the death penalty off the table in cases where prosecutors lack definitive evidence such as biological or DNA evidence linking the defendant to the crime, a videotaped voluntary confession or a video recording conclusively implicating the defendant. For now, though, ending executions of people too ill to understand their actions should be an uncontroversial choice. Legislators of both parties have supported such a ban for years. Sponsors of the current pair of bills include Reps. Brett Hudson Hillyer of Uhrichsville and Bill Seitz of Cincinnati and Sen. John Eklund of Chardon on the Republican side, along with Sen. Sandra Williams of Cleveland and Rep. Casey Weinstein of Hudson for the Democrats. Some prosecutors oppose the change, saying courts would be overwhelmed by petitions for reconsideration from death-row inmates who wouldn’t qualify. If so, that’s unfortunate but an acceptable price to pay for a morally repugnant practice that never should have been Ohio policy. (source: Editorial, Columbus Dispatch) INDIANA: Dansby pleads guilty in quadruple killing, avoids death penalty A Fort Wayne man who was facing the death penalty in a September 2016 quadruple killing has pleaded guilty. Marcus Dansby, 23, has pleaded guilty 4 counts of murder and another charge of attempted murder related to the Sept. 11, 2016, killings of 37-year-old Consuela Arrington; 18-year-old Traeven Harris; 18-year-old Dajahiona Arrington and her full-term baby named A.J. at a home at 3006 Holton Ave. Fourteen-year-old Trinity Hairston was also shot and stabbed in the melee, but she would make a recovery. He'll face a minimum of 205 years when he is sentenced July 25-26. Prosecutors will dismiss the death penalty against him. Police were called to the Holton Avenue home around 4 a.m. that Sept. 11, 2016. Officers arrived to find the victims bodies stabbed and shot, and Dansby covered in blood, leaning over the couch, crying and asking for help, according to an affidavit. On him, police found a large blood-soaked knife with a broken handle, the affidavit said. During an interview with police, Dansby immediately told the investigator, "I am still hearing gunshots," and reportedly asked, "Did anyone survive?" according to the affidavit. Dansby had cuts on his left hand and initially told police he did know where the cuts came from. Later he
[Deathpenalty] death penalty news----OHIO, TENN., NEV., CALIF., ORE., USA
May 22 OHIOnew death sentence Cleveland man gets death penalty in Mr. Cars double murder A judge on Tuesday imposed the death penalty on a 32-year-old man convicted of the execution-style murders of a couple during a break-in attempt at their family-owned car lot. Joseph McAlpin will pay the law’s ultimate penalty in the 2017 shooting deaths of Michael Kuznik and Trina Tomola inside Mr. Cars on East 185th Street. Common Pleas Court Judge Brian J. Corrigan, who presided over the three-week trial, condemned McAlpin to death row after the jury on Thursday recommended the death penalty in the trial’s 2nd phase. McAlpin, who is believed to be the first defendant to represent himself in a death-penalty trial in Cuyahoga County’s history, thanked Corrigan and the team of county prosecutors for their patience with him during the trial. He also apologized to his own family for what he called “ignorant” declarations during trial that he would only accept full liberty or death. McAlpin offered no words to the family of Kuznik and Tomola, who packed the courtroom’s gallery but chose not to address the court. “My fight’s going to continue,” McAlpin, handcuffed in an orange jumpsuit, said. “I know people are tired of hearing that, but there’s not much else I can say.” Cleveland City Councilman Michael Polensek, whose ward encompassed the Collinwood neighborhood where the car lot sat for 40 years, called McAlpin a “demonic killer” who rocked the entire neighborhood and the business community across Cleveland. “This was never about retribution,” Polensek said. “This was about justice.” After the hearing, Polensek told reporters that he felt death by lethal injection was “too good” for McAlpin. “As far as I’m concerned he should be burned at the stake for what he did to that family,” Polensek said. Cuyahoga County Prosecutor Michael O’Malley read a statement from Kuznik’s family after the hearing in which they thanked law enforcement and the jurors who heard the case. “Our hearts will be forever broken, and we are greatly relieved that justice has been served,” O’Malley said, reading from the statement. Prosecutors put forth no additional evidence in the second phase of trial, and McAlpin called a handful of family members to testify on his behalf. The jury reached its recommendation after about deliberating for less than an hour. McAlpin has maintained his innocence throughout both phases of the trial. Corrigan on Tuesday noted that McAlpin lived a difficult childhood. He shot himself in the leg with his mother’s gun when he was 5 years old, Corrigan said. He suffered seizures after he was hit in the head with a brick as a 12-year-old, and found his mother’s body after she overdosed on heroin when he was 19. He also suffered sexual abuse. Corrigan found that mitigation was not enough to outweigh the aggravated circumstances of the killings. The car lot, which had been owned by members of Kuznik’s family since it opened in April 1975, closed after the killings. “These crimes slowly eat at a community,” O’Malley said. “It’s through sentences like this that jurors, who are composed of people from our community, are just saying ‘we’ve had enough.’ People in this county have had enough.” Prosecutors relied on DNA evidence, cellphone records and testimony from a man who admitted to helping McAlpin carry out what was supposed to be a simple burglary to steal cars and titles on April 14, 2017. It was Good Friday and the couple, who had Easter baskets for their children in the back of their car parked outside the lot, were closing up for the day, prosecutors said. Those baskets remained in the backseat as the car sits in the custody of Cleveland police as evidence, prosecutors said. Prosecutors say McAlpin entered Mr. Cars and shot Kuznik, 47, in the showroom. The bullet grazed Kuznik’s face before he ran to a backroom, where McAlpin stood over him and shot him in the top of his head, prosecutors say. Investigators found McAlpin’s DNA in Kuznik’s back pocket, where prosecutors said he had put cash from 2 car sales earlier in the day. The cash was not found on Kuznik’s body. Tomola, 46, tried to run from the building during the robbery. McAlpin shot her in the back of her head, near an exit, prosecutors said. McAlpin also shot and killed the couple’s Doberman Pinscher, Axel, disabled the business’s surveillance system and stole a BMW sedan, prosecutors said. Andrew Keener told jurors that he participated in the crime alongside McAlpin. Keener pleaded guilty to involuntary manslaughter and is set to be sentenced after McAlpin’s trial wraps up. McAlpin’s brother, Jerome Diggs, has pleaded not guilty to charges including aggravated murder, and his case is pending. (source: cleveland.com) * Rethinking Death Penalty in Ohio It is one thing to argue about the basic morality of capital
[Deathpenalty] death penalty news----OHIO, TENN., NEV., USA
May 15 OHIO: Parolee charged in slaying of ex-prison pen pal, friend in Parma Heights invoked ‘Dexter,’ wanted to dismember bodies, prosecutor says A prosecutor told a jury that the 44-year-old man accused of stabbing to death his former prison pen pal and her friend planned to dismember their bodies in a manner similar to TV serial killer “Dexter." In the days after the May 11, 2017 killings in Parma Heights, Thomas Knuff Jr., asked a friend to buy him a table saw and told his son that he was worried what evidence police may find on the fingertips of the bodies of John Mann, 65, and Regina Capobianco, 50, the prosecutor said. “He didn’t want them to find their fingertips,” Assistant Cuyahoga County Prosecutor Anna Faraglia said. “'Just like in Dexter,' he told his son.” Knuff never made good on his plan to cut up the bodies, prosecutors said. Faraglia and defense attorney Craig Weintraub told jurors very similar accounts of the lead-up to the killings during their opening statements on Monday in the trial where Knuff is charged with aggregated murder and a slew of other charges. Knuff faces the death penalty if convicted of the most serious charges. Prosecutors revealed more details about the grisly killings that happened inside Mann’s house at the end of a cul-de-sac on Nelwood Road in Parma Heights. Pen-pals and paramours Knuff befriended Capobianco through an inmate-to-inmate pen-pal service while both were imprisoned in the late 2000s. Capobianco was sentenced to prison in 2009 after she pleaded guilty to felony drug possession charges and violated probation, and Knuff was serving a dozen years for aggravated robbery. At the same time, Knuff developed romantic feelings for Alicia Stoner, a social worker at Trumbull Correctional Institution where Knuff was locked, Faraglia said. Faraglia described Stoner as Knuff’s “prison paramour” throughout her opening statements. The social worker lost her job over her interactions with Knuff. Knuff qualified for parole in April 2017. Mann and Capobianco arranged to pick him up from prison, but their plans fell through. Knuff called Stoner who picked him up and drove him to Cincinnati. The 2 stayed there for several days. Knuff returned to the Cleveland-area because the terms of his probation required him to live in Cuyahoga Count. Stoner paid for him to stay in several motels in the Cleveland area, Faraglia said. Knuff reconnected with Capobianco and Mann, and the two invited him to stay at Mann’s house in Parma Heights in early May 2017. Capobianco was on misdemeanor probation at the time, and Knuff was not allowed to live with anyone on probation as part of his parole, Faraglia said. Only 1 of the 2 could stay with Mann, and he chose Knuff over Capobianco. Stoner wired Knuff money so he could put up Capobianco in a hotel, but Capobianco protested because she had been around longer than Knuff. ‘He wanted to eradicate them’ Prosecutors say that Knuff, who did not like the way Capobianco treated Mann and decided to get rid of her, “in cold blood and with prior calculation and design," stabbed both her and Mann several times in the home. Faraglia did not say why prosecutors believe Knuff also killed Mann if his goal was to simply remove Capobianco. Knuff rolled up the bodies in blankets, dragged them to their bedroom, and left the home, Faraglia said. He asked Stoner to buy him garbage bags, a new pair of shoes and a table saw, Faraglia said. He scrubbed blood from the home’s walls, cut out blood-soaked portions of the carpet, stuffed the pieces in garbage bags and tossed them in the hallway and in the basement, she said. He asked neighbors when the trash would come, she said. Then he sent Stoner a letter, asking her to hire a man to set fire to Mann’s house, Faraglia said. “He wanted to eradicate them,” Faraglia said. “He didn’t want them to ever be found.” Knuff stole a Jeep from his adult son and used it to break into two beauty stores and steal hundreds of dollars in cash, the prosecutor said. He drove down Interstate 71 to Medina County, where he pulled over onto the median, got out of the SUV and pretended to hold a gun to his head until someone called the State Highway Patrol, Faragalia said. Troopers took him into custody and took him to the hospital, where doctors amputated his nearly severed finger and gave him a psychological evaluation, she said. He was released, and stayed with a revolving cast of his childhood friends until his June 13, 2017 arrest. A gruesome discovery Residents back on Nelwood Road complained of a foul smell emanating from Mann’s house, Faraglia said. Police went to the house on May 23, 2017 and went inside. The officers found “a hoarder’s paradise,” Faraglia said. Garbage bags lined the halls and rooms, and rotten meat lay on the table. Police believed the smell was coming from the meat, disposed of it, and left without
[Deathpenalty] death penalty news----OHIO, TENN., KY., COLO., CALIF., USA
May 14 OHIO: Joseph McAlpin, convicted of killing couple at Mr. Cars dealership, faces sentencing Joseph McAlpin, the man convicted of murdering a local couple at Mr. Cars dealership in Cleveland, will learn his fate during his sentencing hearing Monday. He faces the death penalty for the April 2017 murders of Michael and Trina Kuznik, and their dog. On Monday, before the sentencing phase, McAlpin made a motion for a new trial, upset about some of the things prosecutors said in their closing arguments during his trial. The judge denied his request for a new trial. McAlpin represented himself during the weeks-long trial that ended on April 16 after a jury found him guilty on charges relating to the murders and the robbery at the dealership. Prosecutors will present evidence during the sentencing phase to show the jury that McAlpin should get the death penalty. The jury can make a recommendation to the judge to give him either life, life without parole or the death penalty. The jury selection began on March 15 and closing arguments wrapped up on April 15. (source: news5cleveland.com) TENNESSEEimpending execution Death row inmate Donnie Johnson will die by lethal injection unless Gov. Lee intervenes If death row inmate Donnie Edward Johnson is executed as scheduled Thursday, it will be by lethal injection. Johnson's attorney Kelley Henry announced the decision Monday, after the U.S. Supreme Court declined to consider a challenge to Tennessee's lethal injection protocol. Johnson, 68, will not launch any more legal challenges. His execution will go forward unless Gov. Bill Lee stops it. Johnson was among dozens of inmates who argued in 2018 that Tennessee's 3-drug protocol, led by the controversial sedative midazolam, fails to block out torturous pain as inmates die. Tennessee courts repeatedly denied arguments that the lethal injection method was unconstitutional. The Supreme Court declined to intervene. Johnson was sentenced to death for the 1984 murder of his wife Connie Johnson in Memphis. Because he was sentenced for a crime committed before 1999, Donnie Johnson could have chosen the electric chair for his execution. Henry, a federal public defender who handles capital cases, said Johnson had declined to choose, and the state would default to lethal injection. Johnson has decided not to try and stop his execution in court. He has asked Lee for mercy — the governor is still considering his application for clemency. (source: The Tennessean) * U.S. Supreme Court declines to stop Don Johnson’s execution The U.S. Supreme Court announced Monday it would not halt the execution of convicted murderer Don Johnson, declining to take up a legal appeal that questioned the three drugs used in Tennessee’s lethal injection protocol. The decision clears the way for the execution of Johnson on Thursday, unless Gov. Bill Lee grants a commutation to Johnson. Kelley Henry, Johnson’s attorney, said Johnson had held off signing a form choosing his execution method until they had heard from the court. A state law grants Johnson the choice between execution methods because he committed his crime before 1999, around the time Tennessee adopted lethal injection as its primary execution method. Tennessee death row inmates and their attorneys have repeatedly argued that the 1st drug in the lethal injection sequence – Midazolam – doesn’t keep inmates from feeling excruciating pain from the administration of the next 2 drugs. The Tennessee Supreme Court upheld the state’s current lethal injection protocol last year in part because the inmates couldn’t prove that an alternative lethal injection drug was available in Tennessee, many of which have become scarce due to efforts from anti-death penalty advocates. In the original court hearing last year, TDOC officials had testified that no other types of drugs were available for lethal injections, but they wouldn’t show the inmates or their attorneys information about which drug providers they had spoken to, citing state secrecy laws protecting groups and people involved in executions. Attorneys for Johnson and nearly 2 dozen other death row inmates had argued to the U.S. Supreme Court that it wasn’t constitutional for judges to rely on TDOC’s say-so alone about the availability of other drugs. The U.S. Supreme Court rejected that argument on Monday. Justice Sonia Sotomayor slammed the decision of most of the court in a dissent, saying the requirement that inmates must prove the availability of alternative lethal injection drugs, coupled with Tennessee’s secrecy laws regarding that information, is “perverse.” The court decision means only Gov. Lee can likely save Johnson’s life, by commuting his sentence to life in prison. Historically, governors have waited until all legal options are exhausted before making a final decision. Supporters of Johnson
[Deathpenalty] death penalty news----OHIO, KY., MO., NEB., USA
April 30 OHIO: More reasons to abolish death penalty than to retain it The New Hampshire legislature just voted to abolish capital punishment. While the governor has promised to veto it, it passed with such a majority that it may be veto-proof. New Hampshire may be about to join the community of civilized states and nations and abolish this outdated penalty. Very few democratic nations retain the death penalty and, because we do, we have a low human rights rating, along with such countries as Saudi Arabia, Iran, North Korea and China. John Demakowski recently wrote a letter to The Sun arguing that abolition of capital punishment is a moot issue since we have not hanged anyone since 1939. He is correct. Since colonial times, New Hampshire has used the death penalty only reluctantly. But, isn’t that really a good argument for getting rid of the death penalty instead of retaining it? Mr. Demakowski purports to be a “Christian” and says that, if we oppose capital punishment, we have “blood on our hands.” Don’t we have blood on our hands when we execute an innocent person? Is the death penalty “Christian?” When I read the Gospels, I notice that Jesus stopped an execution. And, many people of faith, including Christians of various traditions, oppose it. I empathize with supporters of executions, especially the families of victims. I do not feel particularly sorry for those executed since they have usually committed horrendous murders. I would probably want revenge, too. The desire for revenge is a very natural human emotion. But, that is the point. The only valid reason for capital punishment is revenge and that degrades us all as a culture. If the goal is justice, there are better ways to do it. There are many more reasons to abolish it than to retain it. First, executions create two grieving families. Second, there have been people wrongly executed. You can let the innocent out of prison but you cannot bring them back to life. Third, justice is not yet equal in the USA. Most of those on death row are poor and had public defenders and/or are members of minorities. Some say they do not want to support a murderer in prison but it has been shown that it is cheaper to imprison someone for life than to execute them. Some think we need the death penalty to protect society but we now have very secure prisons to protect us. Mr. Demakowski thinks capital punishment is a deterrent to violent crime but the best studies show that it really is not. Finally, a death sentence gives a killer too much media attention. Would it not be better if predatory murderers just anonymously disappeared into prison and our attention was focused on the survivors? (source: E. Scott Cracraft, Laconia Daily Sun) KENTUCKY: Prosecutor to seek death penalty against 2nd man in fatal shootings Commonwealth's Attorney Bruce Kuegel announced Monday he plans to seek the death penalty against Cylar L. Shemwell, the second man charged in January's triple homicide on Audubon Avenue. Kuegel informed Daviess Circuit Judge Jay Wethington and officially filed notice to seek the death penalty against Shemwell, 32, of the 1600 block of Wisteria Garden. Shemwell was charged with murder and 1st-degree assault in the Jan. 17 shooting deaths of Jay Michael Sowders, Robert D. Smith and Christoper Carie at Sowders' Audubon Avenue home. All 3 were shot in the head. A 4th person, Carmen Vanegas, was also shot in the head, but survived. 3 of the shootings were captured on a surveillance camera inside the home. Kuegel previously announced plans to seek the death penalty against Shemwell's co-defendant, Arnett B. Baines, 31, of the 0-100 block of Dixiana Court. "Reviewing the case in its entirety, I made the decision to give notice I'm seeking the death penalty," Kuegel said Monday afternoon, citing the "aggravating circumstances and multiple homicides" in the incident. Attorneys at Monday's hearing also said a motion has been filed to determine whether Shemwell is competent to stand trial. "You're not premature are you, Mr. Kuegel?" in filing notice to seek the death penalty, Wethington asked. "No sir, not under the circumstances," Kuegel said. Records in Shemwell's file say he was communicating with Smith the night of Jan. 16. According to a search warrant filed by Owensboro Police Department Detective Todd Wilkerson, the messages "deal with drug transactions." Wilkerson also wrote the messages contained "threats of violence between Smith and 3rd parties." In other Facebook messages sent that day, Smith told another person he believed he was going to be murdered, according to records in Shemwell's and Baines' files. Public defender Heather Blackburn told Wethington she was unsure if the local public defender's office would represent Shemwell or if the Department of Public Advocacy's death penalty team would lead the defense. "We'll (send) the request up to the
[Deathpenalty] death penalty news----OHIO, TENN., ARK., OKLA., NEB., N.NEX., WYO., CALIF, USA
April 28 OHIO: Trial in Parma Heights prison pen-pal killings begins with jury selection Jury selection began Friday in the trial of a man accused of fatally stabbing his former prison pen-pals in their Parma Heights home in May 2017, then leaving their bodies behind as he carried out more crimes. Thomas Knuff, 44, faces the death penalty if a jury convicts him of the most serious charges. He is currently being held on $50 million bond on charges including aggravated murder, conspiracy, offenses against a human corpse, aggravated burglary and robbery in the May 11 slayings of John Mann, 65, and Regina Capobianco, 50, at Mann’s home in the 6200 block of Nelwood Road, near Ackley Road. Prosecutors say Knuff also solicited 2 people to set fire to the bedroom where he left the couple’s bodies, and broke into 2 businesses in the days after the killings. Capobianco met Knuff through a prison pen-pal program while Knuff was serving a 12-year sentence on aggravated robbery and breaking and entering charges. The 2 wrote letters to each other for about 10 years, police said. Police said that Capobianco and Mann picked up Knuff from the Lorain Correctional Institution when Knuff was released from prison on April 11, 2017. They took him back to Mann’s home. Capobianco’s sister reported her missing to Stark County authorities the next month, and investigators found Mann and Capobianco dead from the knife wounds on June 21, 2017. Knuff was also charged with escape after officials said they foiled a plot to escape from his jail cell within months of his arrest. Sheriff’s department employees reported in December that they found fake sheriff’s badges, a printout of a map, spools of thread and a blade fashioned out of a lens from a pair of eyeglasses and a homemade fanny pack inside of Knuff’s cell. One of Knuff’s lawyers, Craig Weintraub, disputed the seriousness of Knuff’s plans, and said the items more resembled a Halloween costume than tools of a legitimate jailbreak. (source: cleveland.com) TENNESSEEimpending execution Donnie Edward Johnson is scheduled to be executed at 7:10 pm EDT, on Thursday, May 16, 2019, at the Riverbed Maximum Security Institute in Nashville, Tennessee. 68-year-old Donnie is convicted of the murder of his wife, 30-year-old Connie Johnson, on December 8, 1984, in Memphis, Tennessee. Donnie has spent the last 34 years on Tennessee’s death row. According to Donnie, he grew up in an abusive family and began his criminal career at the age of six or seven, stealing whatever he wanted. By the time he was a teenager, he had resorted to armed robbery. He was also involved in street drag racing. Donnie was married with two children. Donnie continued his criminal life, hiding it from his family, while maintaining a steady job as a salesman at a camping store. On December 8, 1984, Donnie Johnson was working at Force Camping Sales in Memphis, Tennessee, along with Ronnie McCoy, who was signed out of a Penal Farm, where he was serving a four month sentence for false reporting. Johnson’s wife, Connie arrived at the store at the end of the work day. According to McCoy’s testimony, he left Johnson and Connie alone in the sales office. When he returned, Johnson showed him Connie’s body. Johnson had killed Connie by suffocating her. McCoy then helped dispose of her body. The following day, Johnson recruited his boss to help search for his missing wife. Connie’s body was found inside of her vehicle, with a plastic bag stuffed in her mouth. They only set of keys to the vehicle were discovered in Johnson’s truck, along with several other personal belongings of Connie. Johnson has denied killing his wife, saying he left McCoy and Connie alone in the office and McCoy killed her for the $450 in shopping money he had given her. Initially, Johnson denied any involvement in his wife’s murder, nor did he initially implicate McCoy. Johnson was sentenced to death on November 25, 1985. Please pray for peace and healing for the family of Connie Johnson. Please pray for strength for the family of Donnie Johnson. Please pray that if Donnie is innocent, lacks the competency to be executed, or should not be executed for any other reason, that evidence will be presented prior to his execution. In past letters written to The Forgiveness Foundation Christian Ministries, Inc., Donnie has expressed his faith in the Lord Jesus Christ. Please pray that his relationship with Christ will continue to grow and give him strength and peace during this time. (source: The Forgiveness Foundation of Christian Ministries) ARKANSAS: A non-fatal error Overturned death penalty case a horrible outcome "The allegations at issue here are condemnable, but the ugliness of a given allegation cannot supersede the most basic due process principles guaranteed to all citizens by our constitution."-- Josephine Linker Hart What’s the point?
[Deathpenalty] death penalty news----OHIO, MO., COLO., CALIF., USA
April 24 OHIO: Judge in Cuyahoga County rules man on death row for 30 years is mentally disabled, tosses death sentence A county judge has thrown out the death sentence of a man whose been on death row since his 1988 conviction in a brutal beating death of a 74-year-old woman at a Euclid laundromat. Common Pleas Court Judge Cassandra Collier-Williams found Andre Jackson is intellectually disabled now and likely was at the time he murdered Emily Zak, and that allowing his execution would violate the U.S. Constitution’s ban on cruel and unusual punishment. The judge issued the 11-page opinion Friday, more than two years after she presided over a hearing that featured testimony from psychologists who found that Jackson’s scores were equivalent to that of a 9-year-old child. “Every professional that evaluated [Jackson] noted that his intellectual functioning was at a lower level than expected for someone in his age range,” Collier-Williams wrote. Cuyahoga County Prosecutor Michael O’Malley’s office has vowed to appeal Collier-Williams’s opinion. “The facts of this case are some of the most disturbing we have ever had," O’Malley said Tuesday. Jackson is being represented by the Ohio Public Defender’s Office. They could not be immediately reached for comment. The crime Jackson was convicted of beating to death 74-year-old Emily Zak, who worked the counter at a coin laundry on Euclid Avenue. Jackson, then 20, lived in an apartment building across the street from the laundromat and went there to steal the cash register on June 25, 1987. He forced Zak into the bathroom, where he beat her and shoved her head into the toilet, court records say. He killed the woman by stomping her neck against the rim of the toilet bowl, prosecutors said. Jackson then stole the register and ran out of the shop. Police arrested Jackson on an unrelated theft charge a few weeks after the killing. When he heard in jail that police had found the cash register in an abandoned field, Jackson went to detectives and told them he could find out information about the killing if they agreed to ask a judge to lower his bond, records say. The state agreed and Jackson was released from jail. He was identified as a suspect and arrested after fingerprints that investigators found on the register and on the inside of the toilet lid matched his. Jurors convicted him at trial and recommended his execution. A judge imposed a death sentence in April 1988. Landmark ruling Jackson unsuccessfully filed a number of appeals in the 1990s. Then in 2002, the U.S. Supreme Court issued a landmark ruling in Atkins v. Virginia in which the court’s justices held that executing an inmate who is intellectually disabled amounts to cruel and unusual punishment and is a violation of the U.S. Constitution’s Eighth Amendment. That ruling kicked off a new set of appeals for Jackson, whose lawyers argued IQ tests dating back to when he was 12 showed that he was intellectually disabled and functioned at a level much lower than the average person his age. His case crawled along in the Common Pleas Court’s docket over the next 13 years, until Collier-Williams in 2016 allowed lawyers for Jackson and O’Malley’s office to hire psychologists to test Jackson on his IQ and his intellectual ability. A 2-day hearing was held to present their findings. The tests The average adult’s IQ is about 100, according to court records. Courts have generally accepted the benchmark IQ to determine if a person can face the death penalty at 70, but they have held that an IQ score alone is not enough evidence for a judge to determine whether a defendant is intellectually disabled. They have to find a defendant has subaverage intellectual functioning, significant limitations in everyday skills and that the symptoms began as a child. Jackson had his IQ measured 5 times in his life, including 2 tests in 2016. He scored a 68 on a test when he was 12, which is generally considered intellectually disabled. He took another test in 1992, when he was 26 years old and had been in prison for 4 years. He scored a 72 on that test. He scored an IQ of 76 on a 2003. In 2 tests in 2016, he scored 80 on 1 test and 67 on the other. Assistant Cuyahoga County Prosecutor Christopher Schroeder wrote in court filings that Jackson’s highest score was likely the most reliable. They cited testimony from their expert, Carla Dreyer, who gave him the test that measured his IQ at 67. She said she felt Jackson scored low because he didn’t try very hard, which deflated his score. She said that it is nearly impossible for someone to artificially inflate their IQ score. “I’m not trying to be inappropriate with the court but you can’t fake smart,” Dreyer testified, according to court records. "You can fake dumb.” Using that score would put Jackson out of the range of even being considered borderline intellectually disabled, Schroeder
[Deathpenalty] death penalty news----OHIO, TENN., ARK., MO., CALIF., USA (
April 23 OHIO: Judge in Cleveland sets hearing that will determine whether convicted Mr. Cars killer gets the death penalty A judge set a date for the second phase of the trial of a man who faces the death penalty after jurors convicted him of killing a couple at a Cleveland car lot. The penalty phase of the trial of Joseph McAlpin is set to begin May 13. McAlpin was convicted last week of aggravated murder and other charges in the execution-style deaths of Michael Kuznik and Trina Tomola. Those reports require court staff and mental-health doctors to interview McAlpin to determine, among other things, if he has any mental-health conditions or a troubled past that could be used during the penalty phase to convince jurors to spare his life. McAlpin, who is representing himself during the trial, refused to sit down for those interviews before the trial began. Prosecutors relied on DNA evidence, cellphone records, search history and testimony from a man who admitted to helping McAlpin carryout what was supposed to be a simple burglary to steal cars and titles to tie McAlpin to the March 11, 2017 slayings. (source: cleveland.com) TENNESSEEimpending execution Death Row inmate's plea for mercy remains before Gov. Lee Governor Bill Lee faces a life-or-death decision in the next few weeks as the execution of a condemned Tennessee man who asked for his mercy looms. Don Johnson received the death penalty in 1984 after he was convicted of suffocating his wife in Memphis. His execution is currently scheduled for May 16. Its the first clemency plea before Gov. Lee since he took office in January. "We certainly know its a very serious subject that will require a lot of information, a lot of input, [and] a lot of counsel," Gov. Lee said last week. Johnson, along with the now-adult daughter of the woman he killed, asked Gov. Lee to stop the execution and allow him to serve a sentence of life in prison. The 21-page plea sent to Lee's desk says Johnson's only daughter has forgiven him for killing her mother. In 2006, Johnson spoke of what he called "a personal relationship with Jesus Christ" that he developed while on death row. "I have a peace now because that relationship transcends anything that allows me to deal with whatever I have to deal with here," he wrote to the governor. Lee, a professed Christian, also brings a distinct perspective from his predecessors after years serving on the board of a prison ministry called Men of Valor. However, he has not announced if he will meet with Don Johnson's daughter as she requested. "We are going to start talking about what that process looks like -- who we meet with, who we bring together -- to make this very important decision," Lee said last week. Previous governors have typically made clemency decisions just days for scheduled executions. (source: WKRN news) * Evidence sought to exonerate man convicted in 1986 slaying The headline was deceivingly simple: “Fisherman finds body.” The few paragraphs beneath that summed up the gruesome murder of 25-year-old Donna Perry could tell nothing of the decades of grief, hundreds of pages of court documents and seemingly endless questions that would follow. After 32 years behind bars, the man convicted of kidnapping Perry and bludgeoning her to death was released on parole on March 22. While members of Perry’s family regard Jimmy Edward Campbell’s re-entry into society with dread, lawyers at the Innocence Project, tasked with exonerating the wrongfully convicted with DNA testing, ardently pursue proof of his innocence. “It’s very complicated, because I support what the Innocence Project does, and I do know that there are people that are wrongfully convicted all the time,” Perry’s daughter Kay Arnold said. “In this particular circumstance, it’s so conflicting because we have confessions … I’ve spent my entire life saying, ‘This is the man that did it.’” Donna Perry spent most of her life in Brownsville, a small town with a population of just under 10,500 in the 1980s. She was last seen leaving her mother’s home in the Hillville community around 10:30 p.m. on July 10, 1986. Someone saw her walking near the intersection of Hillville Road and Tennessee Route 179 late that night. An unnamed fisherman found Perry’s body, severely beaten and stabbed at least 20 times, early the next morning on a gravel road in the Hatchie National Wildlife Refuge. An autopsy would later identify blunt trauma to her head and neck as the cause of death. She had multiple stab wounds and bruises and fractures in her hands. Her pants were pulled down — the autopsy notes the presence of semen. In the coming days, the Tennessee Bureau of Investigation would set up a road block near where she was found and go door to door in the Hillville community looking for answers, to no avail. But 15 days later, 26-year-old Jimmy Edward
[Deathpenalty] death penalty news----OHIO, TENN., ARK., MO., S.DAK., CALIF., USA
April 20 OHIO: Judge delays ‘death penalty phase’ in trial of man convicted of double slaying at Cleveland car dealership The 2nd phase of the trial where a man faces the death penalty for killing a couple at a Cleveland car lot in March 2017 has been delayed. Joseph McAlpin was convicted Tuesday of all counts he faced, including aggravated murder, in the execution-style deaths of Michael Kuznik and Trina Tomola in the Mr. Cars dealership. The trial was set to reconvene Monday to begin the penalty phase, where jurors would hear additional evidence and recommend whether McAlpin should receive the death penalty or a life in prison. The final decision on the sentence rests with Common Pleas Court Judge Brian Corrigan. But McAlpin on Friday asked for a mitigation report and a pre-sentence investigation. Those reports require court staff and mental-health doctors to interview McAlpin to determine, among other things, if he has any mental-health conditions or a troubled past that could be used during the penalty phase to convince jurors to spare his life. McAlpin, who is representing himself during the trial, refused to sit down for those interviews before the trial began. Court officials on Friday had not set a new date for the second phase of the trial to begin. Prosecutors relied on DNA evidence, cellphone records, search history and testimony from a man who admitted to helping McAlpin carryout what was supposed to be a simple burglary to steal cars and titles to tie McAlpin to the March 11, 2017 slayings. McAlpin entered Mr. Cars and shot Kuznik, 47, in the showroom. The bullet grazed Kuznik’s face before he tried to escape toward a backroom, where McAlpin stood over him and shot him in the top of his head, prosecutors said at trial. Tomola, 46, tried to run from the building during the robbery. McAlpin shot her in the back of her head, near an exit, prosecutors said. McAlpin also shot and killed the couple’s Doberman Pinscher, Axel, who accompanied the couple to work every day for protection, prosecutors said. He also disabled the car lot’s security video systems before stealing the cars. Investigators found McAlpin’s DNA in Kuznik’s back pocket, where prosecutors said he had put cash from two car sales earlier in the day. The cash was not found on Kuznik’s body. His DNA was also found on a computer modem that was inches from Tomola’s body, and inside a BMW sedan that was stolen during the killings, prosecutors said. (source: cleveland.com) *** Victims could have voice in death-penalty trial of accused killer of Westerville officers The death-penalty case of a man accused of murdering 2 Westerville police officers could be the 1st in Ohio to allow jurors to hear victim-impact statements if they reach the point of recommending a sentence of life or death. Attorneys for Quentin L. Smith, 32, had filed a motion asking that such statements be prohibited. But a Franklin County judge on Friday agreed with prosecutors who argued that victims have a right to address the jury during the sentencing phase under Marsy’s Law, a constitutional amendment approved by Ohio voters in November 2017. Common Pleas Judge Richard A. Frye said he thinks such statements must be allowed under provisions of the victim’s-rights law. Prosecutor Ron O’Brien called the ruling “a sea change” in what the state can present to jurors in advocating for a death sentence. Smith’s attorneys, Frederick Benton and Diane Menashe, declined to comment. Both sides agreed that it’s the 1st time the issue has been raised in a death penalty case since Marsy’s Law went into effect in Feb. 5 2018, 5 days before the Westerville shooting. Jury selection in Smith’s trial is scheduled to begin Oct. 11. Smith is charged with killing Westerville police Officers Eric Joering and Anthony Morelli on Feb. 10, 2018, in an exchange of gunfire as they entered his townhouse in the 300 block of Cross Wind Drive to investigate a 911 hangup call from his wife over a domestic dispute. If jurors convict Smith of aggravated murder and find that he purposely killed 1 or both officers, he would become eligible for the death penalty. Jurors then would enter a 2nd phase during which the defense would present what is known as mitigating evidence in an effort to persuade them to spare Smith’s life. Under Frye’s ruling, the jury also would hear testimony from the victims’ family members about how the crime has affected them. “Right now, juries only hear ‘woe-is-me’ about the defendant and his bad childhood and his drug or alcohol problems and never hear about the terrible impact of the crime on the victim’s family,” O’Brien said. (source: The Columbus Dispatch) TENNESSEE: Gov. Bill Lee talks about considering mercy as first execution of his term approaches Gov. Bill Lee said his review of a death row inmate's plea for mercy is "well underway,"
[Deathpenalty] death penalty news----OHIO, IND., ILL., MO., NEB., S.DAK.
Apirl 17 OHIO: Cleveland man guilty in Mr. Cars slayings, faces death penalty A jury on Tuesday found a Cleveland man guilty of aggravated murder in the execution-style killings of a couple and their dog inside the used car lot they owned. Joseph McAlpin will now face the death penalty in the March 2017 deaths of Michael Kuznik and Trina Tomola inside the Mr. Cars lot in the city’s Collinwood neighborhood. Jurors found McAlpin guilty of all counts he faced. The verdict will kick off a 2nd phase of the trial on Monday in which prosecutors will seek to convince jurors that McAlpin ought to be sentenced to death. Jurors will ultimately recommend a sentence of either death by execution or life in prison. Common Pleas Court Judge Brian Corrigan has the final say and can either accept the jury’s recommendation or lessen it. Members of the Kuznik and Tomola families, who attended much of the testimony throughout the 3-week trial, wept when Corrigan read the verdict. Cuyahoga County Prosecutor Michael O’Malley told reporters late Tuesday that he expected the verdict, but didn’t consider it a victory. “There are three children who don’t have their parents," O’Malley said. “Even though [McAlpin] was found guilty on all counts today, it’s really not a victory when you have to look at the family and the scars that will forever be on them.” McAlpin represented himself at trial, a move that is believed to be the 1st in a capital trial in Cuyahoga County history. He remained motionless and did not react as the verdict was read. Prosecutors relied on DNA evidence, cellphone records and testimony from a man who admitted to helping McAlpin carryout what was supposed to be a simple burglary to steal cars and titles. Prosecutors say McAlpin entered Mr. Cars and shot Kuznik, 47, in the showroom. The bullet grazed Kuznik’s face before he ran to a backroom, where McAlpin stood over him and shot him in the top of his head, prosecutors say. Investigators found McAlpin’s DNA in Kuznik’s back pocket, where prosecutors said he had put cash from 2 car sales earlier in the day. The cash was not found on Kuznik’s body. Tomola, 46, tried to run from the building during the robbery. McAlpin shot her in the back of her head, near an exit, prosecutors said. McAlpin also shot and killed the couple’s Doberman Pinscher, Axel, who accompanied the couple to work every day for protection, prosecutors said. He also disabled the car lot’s security video systems before stealing the cars. Investigators found McAlpin’s DNA on a computer modem that was inches from Tomola’s body, and inside a BMW sedan that was stolen during the killings, prosecutors said. McAlpin’s admitted accomplice, Andrew Keener, pleaded guilty to involuntary manslaughter and agreed to testify for the state at trial. Keener told jurors that he and McAlpin’s brother, Jerome Diggs, waited outside the lot while McAlpin went in. Keener testified that he spoke on the phone several times with McAlpin while he was in the dealership before McAlpin summoned him to drive a Mercedes sedan away from the lot while McAlpin followed in the BMW. Keener is set to be sentenced after McAlpin’s trial wraps up. Diggs has pleaded not guilty to charges including aggravated murder, and his case is pending. Google Location Services put McAlpin’s location at the store at the time of the slayings, Assistant Cuyahoga County Prosecutor Brian Radigan said, as did information from cellphone towers. The Google locations stopped around 5:30 p.m., which Radigan said happened because the modem with McAlpin’s DNA on it was ripped from the wall. Cellphone towers later put McAlpin’s location on West 48th Street, where police found the stolen BMW, Radigan said. McAlpin pointed out that prosecutors had no eyewitnesses to the shooting and no video evidence of what happened inside the Collinwood used car lot. He criticized the DNA evidence prosecutors said showed he was inside the used car dealership and in a BMW that was stolen during the robbery. McAlpin also said he did not have his phone at the time of the slayings. Investigators used information from the cellphone, including Google Location Services and cellphone tower pings from McAlpin’s phone. He called Keener a liar who told police what they wanted to hear to spare himself. “I’m not a monster,” McAlpin said during closing arguments on Monday. (source: cleveland.com) Is this the beginning of the end for Ohio's death penalty? Jeffrey Wogenstahl was supposed to die today. If things had gone according to plan, he would have been strapped to a table this morning and injected with lethal drugs. His loved ones, lawyers and the family of the 10-year-girl he was convicted of killing could have watched. But that won't happen. Wogenstahl's case began in 1991 when 10-year-old Amber Garrett went missing and was found dead three days later in
[Deathpenalty] death penalty news----OHIO, MO., CALIF., USA
April 9 OHIO: New lawyer named in Lebanon inmate death penalty case A new lawyer has been appointed to help defend a prison inmate facing the death penalty for strangling his cellmate in their cell at the Lebanon Correctional Institution. Last week, Judge Donald Oda II appointed Ryan DeBra as co-counsel for Jack Welninski, 33. Welninski is accused of murdering cellmate Kevin Nill “because it worked for” Casey Pigge, an inmate transferred after murdering an inmate at the prison, according to Warren County Prosecutor David Fornshell. Nill, 40, was a Piqua man serving a short prison sentence for domestic violence. DeBra replaces Tamara Sack as co-counsel to John Kaspar. “The Defendant has communicated to Lead Counsel that he does not trust me and does not want me to represent him,” Sack said in a motion filed on March 29 in Warren County Common Pleas Court. Sack was appointed on Oct. 19 and has participated in hearings and filings since then. “It is therefore not possible for me to remain on as Co-Counsel, as I cannot carry out my responsibilities in this Capital case due to the irreconcilable bias and mistrust the Defendant has for me,” Sack added in her motion to withdraw from the case. Sack could not be reached for comment. It was unclear how much this would delay Welninski’s trial. He is now held, along with Pigge, at the Ohio State Penitentiary, the state’s prison for the most dangerous inmates. Welninski was serving a 69-year prison sentence after being convicted in Wood County for the 2015 attempted murder of an Oregon, Ohio, police officer. Nill was serving an 18-month sentence for attempted domestic violence. On Oct. 15, Welninski was indicted for aggravated murder, along with 2 capital specifications, and a repeat violent offender specification by a Warren County grand jury. Welninski is accused of murdering Nill on April 23 at the prison west of Lebanon in Turtlecreek Twp. Nill was found in his cell, a rope around his neck, and pronounced dead at Atrium Medical Center, according to Doyle Burke, chief investigator for the Warren County Coroner’s Office. “The 2 had been cellmates for less than an hour before Nill was discovered deceased in the cell,” according to the release. Pigge is one of Ohio’s most notorious prisoners. In January 2017, he pleaded guilty to murdering cellmate Luther Wade of Springfield at Lebanon Correctional on Feb. 23, 2016. He has since pleaded to strangling another inmate, David Johnson, on Feb. 1, 2017, as they rode on a prison bus. Pigge was moved to the state’s super max facility in Youngstown after he and another inmate were suspected in a brutal attack on Corrections Officer Matthew Mathias. (source: Dayton Daily News) Makers of Ohio death drugs oppose use in executions At least 2 companies that manufacture drugs used in the Ohio death penalty adamantly oppose the use of their products in executions, raising more questions about whether the state has been obtaining them through subterfuge. Asked if it tells suppliers their products are to be used in executions, a spokeswoman for the agency that buys the drugs said officials there don’t know their end use. However, a pharmacist with the agency testified in 2014 that she purchases the drugs and drives drives them to the death house. And as Ohio devises a new death penalty protocol, Gov. Mike DeWine won’t commit to telling drug makers and distributors when the state buys their products that they’re intended for use in the death chamber. In response to a request for records relating to execution drugs, the Ohio Department of Mental Health and Addiction Services provided The Columbus Dispatch with purchase orders and invoices for midazolam, the 1st drug used in Ohio’s current protocol as a sedative, and potassium chloride, the third drug, which is intended to stop the condemned person’s heart. In an earlier response, the agency provided invoices for the same drugs that the mental health department sent to the Southern Ohio Correctional Facility near Lucasville, where the death chamber is housed. DeWine this year paused executions after a federal judge sitting in Dayton determined midazolam didn’t have the pain-killing properties supporters claimed. The judge also ruled that without such analgesic properties, injection of potassium chloride “would feel as though fire was being poured” into a prisoner’s veins. As prison officials grapple with how to devise a new method to carry out executions, they also must contend with how to get lethal drugs. A growing number of drug makers and distributors have declared publicly they won’t allow their products to be used in executions. They generally don’t take a position on the death penalty, but say they make their products for medical purposes, and executions don’t qualify. Such companies include New Jersey-based Hikma, whose Columbus plant employs 1,100.
[Deathpenalty] death penalty news----OHIO, TENN., ARK., IOWA
March 20 OHIO: Ohio attorney general chastises judge over death penalty A federal judge improperly praised Ohio Gov. Mike DeWine's decision to delay an execution based on the judge's scathing critique of the state's lethal injection method, the state attorney general said. In a court filing earlier this week, Attorney General David Yost said Magistrate Judge Michael Merz' remarks were an improper use of the judge's position. At issue is a series of execution delays ordered by DeWine, a Republican, after Merz raised concerns about Ohio's lethal injection method. After the governor issued his first delay - of the February execution of death row inmate Warren Henness - Merz said that decision "embodies excellent public policy." The judge also said he was "deeply gratified" by DeWine's expression of trust in Merz' lethal injection ruling. "The Court fully expects that the Governor will do whatever is needed legally to keep the public commitment he has made, the important first step being the reprieve of Warren Henness," Merz wrote last month. The attorney general said judges "are not supposed to use the federal bench as a bully pulpit to influence state policy." The judge's "statements needlessly (and perhaps unintentionally) entangle the federal judiciary in a policy dispute on a hot-button issue," Yost said. A message was left with Merz about Yost's remarks. DeWine has ordered the prisons department to come up with a new lethal injection method, a process that could take months or years. Yost says that wouldn't prevent the state from carrying out executions earlier with its current system. The governor "has announced his intention to develop a new protocol, but he has never suggested that he would deny death-row inmates the choice to use the current protocol," Yost said. Ohio could still use the current method if a federal appeals court rejects Merz' criticism of Ohio's method or if the state can't come up with a new method, Yost said. Merz said on Jan. 14 that Ohio's system could cause inmates severe pain because the 1st drug, the sedative midazolam, doesn't render them deeply enough unconscious. He suggested inmates could experience a sensation similar to waterboarding. But Merz stopped short of halting executions, saying attorneys for Henness hadn't shown that viable execution alternatives exist in Ohio. Afterward, the governor postponed Henness' execution until September and then 3 more executions into the fall and then 2020. "Ohio's not going to execute someone under my watch when a federal judge has found it to be cruel and unusual punishment," DeWine said in January. A DeWine spokesman confirmed that executions could resume if Merz' order was overturned by a higher court, or if the state created a new lethal injection method that was found constitutional. "If the court decision was overturned on the basis of fact, the governor would certainly look if situation has changed," press secretary Dan Tierney said Tuesday. Henness was sentenced to death for killing 51-year-old Richard Myers in Columbus in 1992. Myers had been helping Henness find a drug treatment for his wife, authorities said. (source: Associated Press) TENNESSEE: TENNESSEE LAWMAKERS 1 STEP CLOSER TO SPEEDING UP DEATH-ROW EXECUTIONS As U.S. executions hover near historically low levels, a bill passed by the Tennessee House aims to remove 1 state court’s review before putting inmates to death which ultimately would speed up the process of getting a death row inmate – to execution The House voted 73-22 Monday for legislation to skip Tennessee’s Court of Criminal Appeals and provide automatic state Supreme Court death penalty reviews. The Senate could follow this week. Court of Criminal Appeals Judge John Everett Williams has said his court’s last four death penalty reviews took 3 to 6 months. Federal courts account for most of the sometimes-3-decades of death penalty court reviews. Tennessee executed 3 inmates last year. (source: 1057news.com) ARKANSAS: Plan on execution competency favored Legislation to create a new method for determining the competency of death-row prisoners -- after the old method was found unconstitutional -- was endorsed Tuesday by the House Judiciary Committee. In a pair of 4-3 decisions handed down in November, the Arkansas Supreme Court said a state law granting the director of the Department of Correction the authority to determine whether a condemned prisoner is competent for execution violates the inmate's due-process rights. House Bill 1792, by Rep. Jimmy Gazaway, R-Paragould, would change the law to require that the prison director conduct an evidentiary hearing "that comports with the Due Process Clause of the Fourteenth Amendment" before determining competency. The bill is 1 of 2 proposals being pushed by the state attorney general's office that seek to change state death-penalty
[Deathpenalty] death penalty news----OHIO, KAN., COLO, ., NEV., CALIF., USA
March 19 OHIO: Ohio Supreme Court Justice Melody Stewart talks about the death penalty, bail bond reform, efficiency “There are some counties in this state who have never prosecuted a case with death-penalty specifications. If a heinous crime is death-penalty worthy, then it’s death-penalty worthy, whether you’re in a small county or you’re in a big urban county, or we do away with the death penalty completely.” -- Ohio Supreme Court Justice Melody J. Stewart One of the Ohio Supreme Court’s newest justices believes the institution should “tighten things up and make things better” in the state’s judicial system. In a news conference Monday, Justice Melody J. Stewart mentioned the death penalty, bail bond reform and efficient handling of civil cases as topics that need to be addressed. “I think our justice system can improve in a lot of ways.” she told reporters at the Tuscarawas County Courthouse. “I think we can be more responsive to the communities that we serve. I think that where justice is served shouldn’t depend on which county you’re in in Ohio. “There are some counties in this state who have never prosecuted a case with death-penalty specifications. If a heinous crime is death-penalty worthy, then it’s death-penalty worthy, whether you’re in a small county or you’re in a big urban county, or we do away with the death penalty completely -- either/or. (source: timesreporter.com) ** Capital murder case to begin for man charged with murder of Cleveland couple at car dealership The murder trial for Joseph McAlpin, the man accused of gunning down a couple who owned a car dealership in Cleveland, is set to get underway Monday. Jury selection will begin around 9am Monday morning but they say it could take up to a week to select the jury because this is a capital murder case. Prosecutors are seeking the death penalty for the 31-year-old. Police say Joseph McAlpin and 2 others broke into Mister Cars on East 185th Street in April of 2017. They say McAlpin killed the owners, Trina Tomola and her husband, Michael Kuznik. The couple’s 19-year-old son was unable to get in touch with them. He then found them both shot in the head at the car lot. McAlpin is also accused of shooting and killing their dog. Police say 2 cars, surveillance equipment and computers containing business records were taken from the business. The 2 other men allegedly with McAlpin, Jerome Diggs and Andrew Keener, were arrested as well. Kenner has pleaded guilty. Cleveland police identified McAlpin as a suspect through DNA evidence and arrested him on June 13th. He was originally indicted on 25 counts, including aggravated murder, aggravated robbery, kidnapping and cruelty to animals. A Cuyahoga County grand jury returned a new indictment with death penalty specifications against him. (source: Fox News) KANSAS: U.S. Supreme Court to hear Kahler death penalty appeal The Kansas Attorney General’s Office reported today that the U.S. Supreme Court has agreed to hear the appeal of James Kraig Kahler. An Osage County jury convicted Kahler of killing his 2 teenage daughters, his wife, and her grandmother at Burlingame, Kan., in 2009, and recommended he be sentenced to death. The Kansas Supreme Court affirmed Kahler’s conviction and death sentence in February 2018. Today the U.S. Supreme Court agreed to hear Kahler’s appeal from the Kansas Supreme Court decision. In his appeal to the Kansas Supreme Court, Kahler raised 10 issues, including allegations of misconduct by the prosecutor and trial judge, challenges to the instructions given to the jury, and an argument the death penalty is unconstitutional when applied to a person who has a severe mental illness at the time he or she committed a crime. None of Kahler’s arguments convinced the majority of the court to overturn his convictions or death sentence, and the court affirmed Kahler’s jury trial convictions of aggravated burglary and capital murder for fatally shooting his wife, Karen Kahler, her grandmother, Dorothy Wight, and his 2 teenage daughters, Emily and Lauren. The crimes occurred Nov. 28, 2009, at Wight’s home at Burlingame. Kahler was sentenced to death by Osage County District Court Judge Phillip Fromme in October 2011. The U.S. Supreme Court case, James K. Kahler v. Kansas, No. 18-6135, is expected to be scheduled for oral argument in the fall. (source: osagecountyonline.com) COLORADO: Man accused of killing Adams Co. Deputy Heath Gumm arraigned; DA still seeking death penalty Prosecutors are moving forward with plans to pursue the death penalty for the man suspected of shooting and killing Adams County Deputy Heath Gumm last year. The 17th Judicial District Attorney’s Office filed notice late last year that District Attorney Dave Young would seek the death penalty for Dreion Dearing, 23. Dearing was arraigned Monday on charges of 1st-degree
[Deathpenalty] death penalty news----OHIO, KY., IOWA, IDAHO, ARIZ., NEV., CALIF., USA
March 1 OHIOnew death sentence: Arron Lawson receives death penalty in Ohio quadruple murder case A 3-judge panel has handed down a death sentence for a man who was found guilty in a quadruple murder case in Lawrence County, Ohio. The judges made the ruling Thursday in the case of Arron Lawson. Lawson has been found guilty in the shooting to deaths of Stacey Holston, her 8-year-old son, Devin Holston, Stacey’s mother, Tammie, and Donald Mcguire, all of Pedro, Ohio, at their home 2 years ago. Lawson addressed the court. “Thank you for giving me a fair and honest trial, and I thank the prosecution for doing the right job," Lawson said. "I don’t hold it against them. Truthfully, I voted for them." Prosecutor Brigham Anderson said the last time someone was sentenced to death in Lawrence County was in the 1960s. (source: WVAH news) KENTUCKY: E’town man indicted for 2 killings A week after police say Shadrach Peeler opened fire on four people at two Elizabethtown locations, he was indicted by a Hardin County grand jury on numerous charges — including 2 that could carry the death penalty. Peeler, 35, of Elizabethtown is being held in lieu of a $2 million cash bond in the Hardin County Detention Center. He is accused of shooting Cherie Turner, 34, to death last Thursday on West Warfield Street. Police said he then went to a convenience store on North Miles Street, killing store co-owner Subash “Su” Ghale, 40, and injuring two others inside and outside of the store. Elizabethtown police have said Turner and Peeler lived together on West Warfield Street. He was arrested shortly after police were called to the convenience store around 11:30 p.m. Whether the death penalty is sought in the case is a decision to be made by the Hardin County Commonwealth Attorney’s Office. It is eligible under a Kentucky Revised Statute that reads, “The offender’s acts or acts of killing were intentional and resulted in multiple deaths.” Peeler also is accused of shooting and injuring Prayash Baniya, 31, of Elizabethtown, a store employee and close friend of Ghale, and Nadia Browne, 34, of Elizabethtown. Baniya remains hospitalized at University Hospital in Louisville in critical, but stable condition. He was shot multiple times including in the neck. Browne was shot in a leg and has been released from the hospital. Peeler, a convicted felon, also was indicted on one count of 1st-degree assault; 1 count of 2nd-degree assault; tampering with physical evidence; possession of a handgun by a convicted felon and resisting arrest. If the death penalty is not sought, Peeler faces 20 to 50 years or life in prison, if convicted, on the 2 murder charges. Timmy Puckett, a friend of Ghale, previously said he had spent time running convenience stores near Boston and Detroit and often worked up to 15 hours a day at the local store. Ghale and Baniya met near Detroit, Puckett said, and were from Nepal in southern Asia. The store is now open after days of having a memorial in front of the front doors with flowers, balloons and notes. (source: The News Enterprise) IOWA: Death Penalty Bill Emerges in Iowa Senate A bill that would re-establish the death penalty in Iowa has emerged in the Iowa SENATE, but it’s unlikely to become law. House Speaker Linda Upmeyer of Clear Lake doesn’t sense a death penalty bill is a priority for her fellow Republicans in the House. Another wrinkle in this year’s debate is an announcement last August from the head of the Catholic Church. Pope Francis said the death penalty is “inadmissible” and it’s the goal of the church to abolish capital punishment worldwide. Tom Chapman of the Iowa Catholic Conference says priests are talking about the issue in their parishes. 20 Republicans in the Iowa SENATE are co-sponsoring a bill to impose the death penalty on those found guilty of kidnapping, raping and killing a child. It takes the support of 26 senators to pass a bill. Iowa abolished the death penalty 54 years ago. (source: WNZX news) IDAHO: Trial date set for McQueen in relation to Lovin's death Marlin McQueen pled not guilty to 1 felony count of 1st degree murder in district court before Judge Mitchell Brown today, Feb. 28. Accordingly, Judge Brown set a jury trial for July 15, 2019. McQueen faces the death penalty or up to life in prison if convicted. The state has 60 days to determine whether or not the death penalty will be sought. The most lenient sentence he can receive if convicted is a 10-year sentence and $15,000 fine. Further proceedings in the case have been scheduled for April 25 and pre-trial conferences for June 2. Judge Brown continued the $1 million bond set upon McQueen's Jan. 28 arrest in the stabbing death of Willie Lovin, Jr. on Jan. 26. McQueen had attended a party hosted by Lovin in Lovin's home on Jan. 25. Lovin was reported deceased in his own home at about 2
[Deathpenalty] death penalty news----OHIO, IOWA, WYO., ARIZ., USA
February 28 OHIO: Realities of Death Penalty Revealed in Ohio To date, Ohio has executed 56 people since reinstatement of the death penalty in 1976. During that same time, 9 people have been exonerated from the state’s death row, 20 have received clemency, and 3 have been killed by the state in a botched execution. Ohio, like many other states, has struggled with its execution protocol for several years now. The bottom line is that drug manufacturers do not want their products used in this manner. Many view the death penalty as a human rights violation, and others simply recognize it’s bad for business. Either way, the supply chain for execution drugs has virtually dried up. 1 drug in particular has been at the center of this controversy for some time now, midazolam is a sedative typically used in conjuncture with 2 other drugs to carry out lethal injections. But the drug has also been identified as the culprit in a number of botched executions across the country, and its manufacturers have sought to prevent its use in these proceedings. The recent findings of a pathologist at Emory University showed a pattern of pulmonary edema (accumulation of fluid in the lungs) in the autopsies of those executed with the use of this drug. This medical state produces the effect of drowning in its victims; these individuals would have experienced the sensation of being waterboarded during their executions. There’s one big problem with that: the Eighth Amendment. This amendment bans the use of cruel and unusual punishment., and while arguments have raged for decades over what precisely meets this definition, it is universally agreed upon that waterboarding would most certainly cross a line. Recently, a federal judge ruled that Ohio’s execution protocol could cause "severe pain and needless suffering," and it was at this point that the state’s newly elected Republican governor, Mike Dewine, took action. In February, Dewine halted all Ohio executions in the state until the time that a new protocol could be found that passes the standard of the courts. Dewine has ordered the prison system to look at alternative lethal injection drugs and stated, "Ohio is not going to execute someone under my watch when a federal judge has found it to be cruel and unusual punishment." Though newly elected as fovernor, Dewine is no stranger to Republican politics or the death penalty. His resume includes an impressive litany of public service beginning with a role as Greene County’s prosecutor, followed by positions as a state senator, lieutenant governor, U.S. senator, and attorney general. Thirty-eight years ago, while serving as a state senator, he also co-sponsored the state’s current death penalty law. Whether or not the Dewine has changed his position on the death penalty overall remains unclear. He has not been overly expressive when questioned on his current views. Instead, he has pointed to the myriad of operational issues the state is facing with the death penalty and has stood firm in his defense of the Constitution. Principled defense of the Constitution is what strong leadership looks like on the right. Far too many in office become consumed with towing the party line and approach matters of policy from a viewpoint of what will make them popular instead of what will make them right. Dewine deserves applause for his consistency and for his fortitude in this matter. No matter what one’s opinion of the death penalty is in theory, the realities of the death penalty in practice are enough to make many people change their stance on the topic. The system wrongfully convicts people all the time and shows no indication of improvement. It also zaps resources that could be better directed towards effective tools that actually solve and deter crime. In fact, every dollar spent fighting the drug manufacturers in court or searching for new execution protocols is a dollar that could be used to test a rape kit or pursue a cold case. A substantial number of Republicans have joined in the chorus of condemnation for the death penalty in recent years. Some are calling for outright repeal, some for moratoriums, and some (like Dewine) for methods that do not violate the Constitution. All of these voices, though, point to a system that is broken and not functioning within the realms of constitutional provisions. There is no magic fix that will eradicate its wrongs. It’s high past time we shut down the death penalty. (source: Hannah Cox is the National Manager of Conservatives Concerned About the Death Penalty. Hannah was previously Director of Outreach for the Beacon Center of Tennessee, a free-market think tank. Prior to that, she was Director of Development for the Tennessee Firearms Association and a policy advocate for the National Alliance on Mental Illnessnewsmax.com) IOWA: Iowa lawmakers push to bring the death penalty back to Iowa
[Deathpenalty] death penalty news----OHIO, IND., ARK., MONT., NEV., CALIF., WASH., USA
February 21 OHIO: Anti-Death Penalty Group Pleased But Still Concerned About Upcoming Executions Advocates against capital punishment say they’re pleased with comments from Gov. Mike DeWine, who says executions won’t proceed until the prisons department comes up with a new lethal injection process. DeWine says until the lethal injection mixture can stand up to federal court scrutiny, the nearly two dozen executions scheduled between this May and 2022 won’t go forward. Kevin Werner with Ohioans to Stop Executions said that’s the right decision, but there needs to be an examination of the overall system and those who are on death row. “They are people who are poor, who killed white victims, and who have some underlying substance abuse or abuse as children or have a mental illness – I mean, that’s who we’re talking about here," Werner said. Werner said lawmakers haven’t acted on recommendations they’ve had to improve the system. DeWine, a former prosecutor and attorney general, told reporters the death penalty is the law, but with DNA and other advances there’s more known today than when he voted to pass the law in 1981. (source: WVXU news) ** 7 men from Butler County are on Ohio’s Death Row. Here’s what they did. Of the 137 Ohio prison inmates sentenced to death for convictions of aggravated murder, 7 are connected to Butler County. On Tuesday, Ohio Gov. Mike DeWine said he is halting executions until the state devises a new lethal injection protocol that overcomes any court challenges. He did not issue a formal stay of all executions but said “Ohio is not going to execute someone under my watch when a federal judge has found it to be cruel and unusual punishment.” There are no death penalty cases pending in Butler County, according to court records. The last Butler County person to be executed by lethal injection was Michael Benge, 49, of Hamilton. In 2010, Benge was executed at the Southern Ohio Correctional Facility in Lucasville for the beating death of his estranged girlfriend Judy Gabbard in June 1993. Benge’s execution was Ohio’s 8th lethal injection in 2010 — the most in a year since the state resumed capital punishment in 1999. The previous high was 7 in 2004. The most executions occurred in 1949, when 15 men died by electric chair. Here is a look at the 7 inmates from Butler County on death row: Von Clark Davis In September 2009, it took a 3-judge panel less than 60 minutes to affirm that twice-convicted killer Von Clark Davis, who was first sentenced to die 35 years earlier, should return to Ohio’s death row. Davis, 72, who twice had his death penalty overturned in appeals, has admitted to killing his former girlfriend, Suzette Butler, in December 1983 in Hamilton. When he shot Butler multiple times in the head, he was on parole for the 1970 stabbing death of his wife, Ernestine, 20, at her Hamilton home. Donald Ketterer Donald Ketterer, 68, of Butler County, pleaded guilty in a 2004 trial for the murder and robbery of 85-year-old Lawrence Sanders. A 3-judge panel sentenced Ketterer to death with an additional 22 years for other charges. He stabbed to death Lawrence Sanders, 83, and struck him in the head with a cast-iron skillet. Jose Loza Jose Loza, 45, of Middletown, was sentenced in 1991 for shooting and killing 4 members of his girlfriend’s Middletown family. The victims were shot in the head at close range while they slept in their home. Calvin McKelton In 2010, convicted killer Calvin McKelton was sentenced to death for the execution-style shooting of a witness who saw him strangle his girlfriend and Fairfield attorney Margaret “Missy” Allen. Butler County Common Pleas Judge Michael Sage also sentenced the then-33-year-old Cincinnati man to 15 years to life in prison for Allen’s murder and an additional 14 years for a string of other felony charges related to dumping her body and trying to cover up evidence in her home. McKelton showed no emotion when the judge imposed the death penalty that a jury recommend, but maintained his innocence during a brief statement before the sentence. “I would like to say, I am innocent of these charges, I was wrongfully indicted, wrongfully convicted… but I believe the same system that failed me will be the same system that sets me free,” McKelton said, adding he will appeal. McKelton was convicted of killing Allen in July 2008 and for the February 2009 shooting death of Germaine Evans Sr. in a Cincinnati park. Evans’ murder carried the possibility of a death penalty because he was killed so that he could not implicate McKelton in Allen’s death, which is an aggravating factor, according to Ohio law. Gregory Osie 5 years ago, the Ohio Supreme Court stayed the execution of a former West Chester Twp. man who was convicted in 2009 for murdering his girlfriend’s boss to cover up the woman’s alleged theft. Gregory Osie, 53, was
[Deathpenalty] death penalty news----OHIO, IND., KY., MO., ARK., KAN.
February 20 OHIO: Gov. Mike DeWine freezes all Ohio executions while new method developed Gov. Mike DeWine said Tuesday that there will be no more executions in Ohio until a new method of carrying them out can be developed and deemed constitutional by the courts. “As long as the status quo remains, where we don’t have a protocol that has been found to be OK, we certainly cannot have any executions in Ohio,” DeWine told reporters at an Associated Press forum in Columbus. “That would not be right, at least in my opinion.” Pressed on whether he personally supports the death penalty, DeWine paused. Seeming to choose his words carefully, he then said he was a sponsor of Ohio’s current capital punishment law, which took effect in 1981. “It is the law of the state of Ohio. And I’ll let it go [not comment further] at this point. We are seeing clearly some challenges that you have all reported on in regard to carrying out the death penalty. But I’m not going to go further down that path any more today,” he said. DeWine, a Republican, ordered a review of Ohio’s death penalty protocols last month after a federal magistrate judge wrote that Ohio’s method of carrying out executions would subject a condemned Ohio prisoner to “severe pain and needless suffering.” Judge Michael Merz wrote Ohio could proceed with the execution, since the inmate, Warren Henness, did not produce an alternative that is ”available,” “feasible,” and can be “readily implemented,” required under a 2015 United States Supreme Court ruling that upheld lethal injection. DeWine delayed Henness’ execution from Feb. 13 to Sept. 12 while the review was underway. But on Tuesday, he declined to place a timetable on how long it might take for a new execution method to be developed, for it to be legally challenged and then found constitutional by the courts. “I’ve dealt with the court system a long time, and I think it’s whenever you think you can figure out how fast or slow something’s going to take, you’re wrong,” he said. Henness was convicted of murdering his drug-abuse counselor, Richard Myers, in 1992, but he maintains his innocence. Ohio’s next inmate scheduled to be executed is Lima’s Cleveland R. Jackson, with a scheduled execution date of May 29. He was convicted of murdering a teenager during a drug-related robbery in 2002. Gregory Lott, convicted in the 1986 murder of an elderly East Cleveland man, is scheduled to be executed on Aug. 14. Ohio’s method of execution is to inject the condemned with a combination of three drugs: midazolam (as a sedative), a paralytic drug, and potassium chloride to stop their heart. Death penalty opponents have challenged similar methods in other states, saying they are unconstitutional because they cause cruel and unusual punishment. In his January opinion, Mertz, the federal magistrate judge, agreed with arguments made by Henness’s lawyers, writing that “it is certain or very likely” that the state’s prescribed dose of midazolam “cannot reduce consciousness to the level at which a condemned inmate will not experience the severe pain associated with injection of the paralytic drug or potassium chloride” or the “severe pain and needless suffering that is certain or very likely to be caused by the pulmonary edema which is very likely to be caused directly by the midazolam.” DeWine’s review marks the 2nd time in 5 years Ohio has searched for a new method of execution. The state changed the drugs it uses for lethal injection after the January 2014 execution of Dennis B. McGuire took more than 25 minutes. (source: cleveland.com) * Gov. Mike DeWine said Tuesday that he is halting all executions until the state devises a new lethal injection protocol that overcomes any court challenges. Ohio Gov. Mike DeWine stops executions, wants new protocol Gov. Mike DeWine said Tuesday that he is halting executions until the state devises a new lethal injection protocol that overcomes any court challenges. He did not issue a formal stay of all executions but said “Ohio is not going to execute someone under my watch when a federal judge has found it to be cruel and unusual punishment.” He directed prison officials to come up with a new protocol, which will likely face legal challenge in federal court, he said. “We certainly could have no executions during that period of time. I don’t want to predict dates, but we have to have the protocol, then it will be challenged, then we have a judge make a decision. So we have to through all that process before we could certainly move down the path toward an execution,” he said. The next scheduled execution is May 29. DeWine spokesman Dan Tierney said the governor will decide whether to go ahead or delay that execution based on the facts at the time, including whether the federal judge’s ruling has been overturned. When asked if he now has personal reservations about capital
[Deathpenalty] death penalty news----OHIO, IND., COLO., ARIZ., ORE., USA, US MIL.
February 12 OHIO: Final jury selection delayed in start of quadruple homicide trial Final jury selection was delayed Monday in a Pedro, Ohio, quadruple homicide case being held at the Lawrence County Courthouse. Arron L. Lawson, 24, of Township Road 1051, Ironton, faces 4 counts alleging aggravated murder in the 2017 death of 4 individuals. His alleged victims Stacey Holston, 24; her son, Devin Holston, 8; Stacey's mother, Tammie L. McGuire, 43; and McGuire's husband, Donald McGuire, 50; all of Pedro, were shot to death Oct. 11, 2017, at the Holstons' home. If found guilty for those deaths, Lawson faces a penalty of death. Todd Holston, also was stabbed with a pocketknife inside the family's trailer during the attack, but survived his injuries. For other allegations, Lawson also was charged with aggravated burglary, attempted murder and felonious assault of Todd Holston, the rape of Stacey Holston, abuse of a corpse, kidnapping of Devin Holston, tampering with evidence, theft of a motor vehicle and failure to comply with the order or signal of a police officer. Following the killings, Lawson is accused of having fled the scene. A manhunt involving more than 100 Tri-State law enforcement officers lasted for 36 hours before he was arrested along County Road 52. Lawson appeared in court Monday in a button-down shirt with his long locks of hair and long beard, which had been shaved shortly after his arrest, growing back to their original state. The trial is expected to last several weeks. The jury will be sequestered from the outside world during deliberations. Monday started with Judge Andy Ballard ruling in final motions and discussing some juror issues before bringing in the remaining jurors for the final selection. After about 20 minutes, however, an undisclosed issue occurred and court was delayed until afternoon. About 50 potential jurors will be cut Monday to the final 12, with a couple alternatives. Dozens more had been cut during previous jury selection, which started Jan. 28. Each side will be given an hour and a half for opening arguments after the jury is seated; however, Kirk A. McVay, assistant state public defender, said he only would need 15 minutes. Lawrence County Prosecutor Brigham Anderson represents the state on the case. At one point it is expected the jury will be taken to view the locations of where the alleged crimes took place. McVey said his client did not wish to attend that. Ohio death penalty laws require a death penalty case to be a bifurcated trial. The 1st part of the trial will focus on his guilt or innocence. If found guilty, Lawson will face a 2nd trial in which the same jury will recommend a penalty or life in prison or death. (source: The Herald-Dispatch) INDIANA: Wishawaka man pleads guilty ahead of third trial for triple murder Wayne Kubsch pleaded guilty to murder Monday morning in a dispositional hearing. The hearing was unexpected, taking place just before jury selection was set to begin in the 3rd murder trial against the Mishawaka man. Kubsch has accepted a life without parole agreement. Jury selection in this trial was supposed to begin Monday morning. This would have been Kubsch’s 3rd trial. In 2 prior trials, he was convicted and sentenced to death, but those outcomes were overturned. In the agreement announced Monday, Kubsch plead guilty to 2 counts of murder. 1 for Beth Kubsch and a 2nd for Rick Milewski. Charges for the death of the 3rd victim, 10-year-old Aaron Milewski, will be dropped as a part of this plea. Prosecutors say they discussed this with the family and they agreed to it because counts for Beth and Rick would already secure a life without parole sentence. Prosecutors say this new deal appears to have lifted a burden off the family’s shoulders. “It saves the family and the community a jury trial and the actual ultimate sentence here is no different than if we had done a three-week trial and got to the endpoint. Life without parole is life without parole and I think that’s a very important feature of this particular agreement,” said Eric Tamashasky, St. Joseph County chief deputy prosecuting attorney. Sentencing is on March 8. If the judge accepts the plea, Kubsch will spend the rest of his life in prison. If the judge does not accept the plea, the case will go to trial. Life without parole was the maximum the prosecution could have gotten after deciding to drop the death penalty possibility. The death penalty provision was a primary consideration in the first 2 convictions being overturned. (source: WSBT news) COLORADO: Should State Legislators Repeal Colorado’s Death Penalty The issue has been debated for decades and likely will be debated for decades to come. The death penalty is one of those issues that tends to elicit strong feelings on both sides. It's also one of those issues where there's never going to be
[Deathpenalty] death penalty news----OHIO
December 2 OHIO: Prosecutor Considering Pursuing Death Penalty For Man Accused In Murders Of Woman, Child A grand jury has indicted a man accused of setting fire to a suburban Cleveland home and killing a woman and her 8-year-old daughter. Cuyahoga County Prosecutor Michael O’Malley said Friday his office is considering pursuing the death penalty against 27-year-old Dominique Swopes, of Mayfield Heights, in what he called a “senseless” killing. dominique swopes Prosecutor Considering Pursuing Death Penalty For Man Accused In Murders Of Woman, Child Swopes is charged with aggravated murder, aggravated arson and other counts in the Nov. 20 deaths of his neighbors. Authorities say 41-year-old Rebecca Pletnewski was fatally stabbed before her home was set on fire and her daughter, 8-year-old Olivia Schneider, died at a hospital from smoke inhalation. Authorities say Swopes had four of Pletnewski’s rings, valued at more than $1,000. Court records don’t list an attorney for Snopes. He is set to be arraigned Dec. 14. (source: The Associated Press) * Mental illness, the death penalty and House Bill 81 When a statewide task force recommended ways for Ohio to improve its death penalty, it included a proposal to bar from execution those defendants suffering from severe mental illness at the time of the crime. The panel gave strong support, the vote 15-2. Yet, as with too many of the 56 recommendations, this idea has languished, state lawmakers failing to act. Will that change? The opportunity now is here. On Tuesday, the House Criminal Justice Committee heard testimony concerning House Bill 81, sponsored by state Rep. Bill Seitz, a Cincinnati Republican, and Nickie Antonio, a Lakewood Democrat. The committee chairman, state Rep. Nathan Manning, a North Ridgeville Republican, said he expects the panel to vote next week. A favorable vote would send the measure to the House floor and, if approved, would open the door to Senate action in the current lame-duck session. The legislation deserves passage. The proposal builds on the exclusions already established for juveniles and the developmentally disabled. The thinking reserves the death penalty for the worst of the worst. That designation does not include those with impaired judgment, for instance, due to their youth or inability to distinguish fully right and wrong. Out of decency, it follows to include those with severe mental illness. At the committee hearing, prosecutors reiterated their opposition. They have warned that those currently on death row would flood the courts with motions seeking review of their sentences. Actually, the legislation is narrowly cast, identifying 5 precise mental illnesses, schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder and delusional disorder. A judge would weigh the evidence and decide whether the defendant suffered from the affliction when committing the crime. How many death row inmates would meet the threshold? Experts put the number at roughly 10 %, or hardly overwhelming for the courts. Even then, not all would succeed. The burden of proof rests with the defense to show the defendant was ill. Prosecutors have argued that the courts have a process for assessing the role of mental illness. They point to the sentencing phase of capital punishment trials, when jurors decide whether to apply the death penalty as the law directs. At that point, a defendant can put forward evidence of mental illness as a mitigating factor. The trouble is that research reveals jurors often see mental illness as an aggravating factor and thus are more likely to see a death sentence as warranted. They tend to see mental illness as confirming guilt and a reason to fear the defendant. The familiar stigma, or prejudice, or discrimination, comes into play. In that way, the mitigation phase risks turning justice upside down, the findings of researchers making stronger the case for House Bill 81. This legislation isn’t about leniency or somehow cutting bad actors a break. Those excluded from the death penalty still would face a severe punishment, life in prison without the possibility of parole. Again, defendants would have to prove to the court they suffered from one of the severe mental illnesses set in the law. That wouldn’t be easy, but it would offer a needed measure of protection for the rest of us. There is good reason for exempting juveniles and the developmentally disabled. It also applies to those with severe mental illness at the time they commit the crime. They are not among the worst of the worst and thus should not face a death sentence. (source: Akron Beacon Journal Editorial Board) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu
[Deathpenalty] death penalty news----OHIO, KAN. COLO., WASH.
Nov. 20 OHIO: Pike County massacre: Lawmakers want state taxpayers to foot bill for costly death penalty cases Pike County simply can't afford to prosecute 4 death penalty cases so lawmakers and Ohio's next top cop want the state's tax money to foot the bill. Ohio's Attorney General-Elect Dave Yost and Pike County lawmakers Sen. Bob Peterson and Rep. Shane Wilkin proposed a new way of paying for the prosecution and defense of death penalties cases involving multiple suspects or multiple victims. The impetus for the proposed legislation, which is still being drafted, was the arrests of Angela Wagner, 48, her husband George "Billy" Wagner, 47, and their two sons, George Wagner IV, 27, and Edward "Jake" Wagner, 26. The Wagners are accused of killing Christopher Rhoden Sr.,40; his older brother, Kenneth, 44; his former wife, Dana Manley Rhoden, 38; and their three children, Clarence "Frankie" Rhoden, 20, Hanna Rhoden, 19, and Chris Rhoden Jr., 16, on April 22, 2016. Frankie Rhoden's fiancee, Hannah Gilley, 20, also was killed. The Wagners are facing the death penalty for the execution-style killings and multiple other charges related to planning and covering up the homicides. The case appears to center around a custody battle for the 5-year-old daughter of suspect Jake Wagner and victim Hanna Rhoden. Under the proposal, the Ohio attorney general and state public defender would ask a 7-member panel called the Ohio Controlling Board to pay for death penalty cases that involve multiple suspects or multiple victims. It would come from unspent money from the state's general fund, which comes from Ohioans' taxes. The joint application would estimate how much money is needed for the initial case and appeals. The attorney general and state public defender would then distribute that money to the county prosecutor and local defense attorney as needed. "These cases can very quickly be hundreds of thousands of dollars," Yost said Monday. "Justice should not be a matter of affordability." Prosecuting the Wagners could take years, and the bill could be steep: between $3 million and $5 million for the initial prosecution and appeals, estimated Hamilton County Prosecutor Joe Deters, who has handled multiple death penalty cases over his career. Pike County, with a population of 28,270, has an annual budget of about $34 million. The southern Ohio county is already facing a budget crunch, forcing the Pike County Sheriff's Office to freeze hiring and abandon its costlier SUVs for more fuel-efficient Crown Victorias. The cost of investigating the deaths has surpassed $600,000, Wilkin estimated. "If you are looking at a couple million bucks to prosecute this, it's just devastating to a county of that size," said Wilkin, a former commissioner in nearby Highland County. "This could be devastating to them financially." Some scenarios could make the case even more expensive, including paying for four different defense teams, sequestering a jury and moving a trial to another county, Yost said. There is a precedent for spending state money on big, local cases. Ohio lawmakers approved money to pay for the cost of prosecuting those involved in the 1993 Lucasville prison riots that left 9 inmates and 1 guard dead. Ohio's current attorney general Mike DeWine, who was elected governor on Nov. 6, said he supports finding a way to help Pike County with the cost. "Capital cases are very expensive. They are very difficult for a small county to carry out," DeWine told The Enquirer last week. Peterson and Wilkin plan to introduce the bill in the coming weeks. (source: cincinnati.com) Proposed Ohio Law Could Make Abortion Punishable By Death Penalty After passing a bill through the House that would ban abortion at 6 weeks, Ohio Republicans are considering legislation that would ban abortion completely in the state and make the procedure punishable by life in prison or even the death penalty. House Bill 565 allows for no exceptions for abortion in cases of rape, incest, or danger to a woman's life. Under the law, fetuses would be classified as "unborn humans," making abortion punishable under the Ohio criminal code. This means that a woman who receives an abortion and doctors who perform the procedure could face criminal penalties, ranging from a prison sentence to capital punishment. WOSU notes that the bill is being considered by the Ohio House's health committee and that it is unlikely to be voted on this year. HB 565 is just the latest in a string of anti-choice bills drafted by Ohio Republicans. Republicans' "heartbeat" bill - which passed the House last week - was previously vetoed by Gov. John Kasich, who instead signed a 20-week ban into law. "Ohio just took us one step closer to becoming a forced-birth nation," #VOTERPROCHOICE cofounder Heidi Sieck said in a statement to Refinery29 Monday. "Legislators in Ohio are
[Deathpenalty] death penalty news----OHIO, TENN., ARK., MO.
Oct. 18 OHIO: Accused killer of Beavercreek man to be sentenced in Carolina case The man accused of killing a Beavercreek man in front of his children is scheduled to be sentenced for an unrelated case in South Carolina federal court before his potential death penalty case moves ahead in Dayton's U.S. District Court. Sterling H. Roberts, 35, is scheduled to be sentenced Nov. 28 in U.S. District Court in Greenville, S.C. Roberts pleaded guilty in November 2017 to being a felon in possession of a firearm, according to federal court records. Roberts, Tawnney Caldwell and 4 others have been indicted for the Aug. 15, 2017, death of Robert "Bobby" Caldwell, who was shot in Riverside in front of his 3 sons - 1 of whom (Jacob) was missing for a year before being located by law enforcement in August. Roberts and Tawnney Caldwell could face the death penalty if they are convicted as charged. Also charged are Chance Deakin, Christopher Roberts, James Harmon and Chandra Harmon. A hearing Thursday in Dayton's U.S. District Court for Chandra Harmon, Deakin, and Christopher Roberts was continued after an in-chambers conference involving defense attorneys and one assistant U.S. attorney. Multiple defendants have requested and received permission to file motions under seal because of sensitive information. (source: mydaytondailynews.com) TENNESSEE: A Tennessee inmate who won a last-minute reprieve sparing him from execution last week may be running out of options, and a new date with the death chamber could be set as early as the end of the month, court records show. Edmund Zagorksi, who was sentenced to die in 1984 for killing 2 men he robbed during a drug deal, has no new execution date scheduled after the state's plans for a lethal injection last Thursday were cancelled amid a flurry of legal maneuvers. They included a court order that he die in the electric chair, at his request. Those moves may have set back possible execution a few weeks at best. Court filings indicate Zagorski, who has spent 34 years on Tennessee's death row, could get an execution date as early as Oct. 28. Just a day before his previously scheduled execution, the 6th U.S. Circuit Court of Appeals issued a stay that could have delayed it for many months. But the U.S. Supreme Court struck down the stay the next day and also declined to hear a separate appeal challenging Tennessee's 3-drug lethal injection cocktail. Meanwhile, a 3rd federal court ordered Tennessee to honor Zagorski's request to die in the electric chair, rather than by lethal injection. Zagorski's attorney said the inmate believes electrocution would be quicker and less painful. That last decision, by a U.S. District Court judge in Nashville, apparently prompted Tennessee Gov. Bill Haslam to put a temporary halt to the execution. Although inmates whose offenses occurred before 1999 have the option to choose electrocution, under Tennessee law, Zagorski gave the state only 3 days' notice of his choice. But when the Department of Correction said it would go forward with lethal injection, Zagorski's attorneys asked the court to intervene. Correction officials never said whether they would be able to carry out an electrocution on such short notice, but Haslam said in a statement his reprieve would "give all involved the time necessary to carry out the sentence in an orderly and careful manner." Once the 10-day reprieve expires, the Tennessee Supreme Court can set a new execution date. It must be at least 7 days later. Meanwhile, with its stay lifted, the 6th Circuit is fast-tracking Zagorski's case before that venue - a claim of poor legal representation at trial. But it is unclear whether that case could be heard and decided before another execution date. Jurors sentenced Zagorski to death in 1984 after finding him guilty of shooting John Dotson and Jimmy Porter and slitting their throats. The victims had planned to buy marijuana from Zagorski. Prosecutors said Zagorski never had any marijuana but set the men up to rob them and then killed them to cover it up. Zagorski's attorney Kelley Henry has said the legal team is reviewing its options. (source: Associated Press) ARKANSAS: Arkansas justices challenge ethics charges over judge's case Arkansas Supreme Court justices on Wednesday challenged efforts to sanction them over the court's decision to prohibit a judge who participated in an anti-death penalty demonstration from hearing any execution-related cases. The justices filed a lawsuit with their court challenging the charges related to the decision to disqualify Pulaski County Circuit Judge Wendell Griffen from handling any death penalty cases. Justices disqualified Griffen last year, days after he was photographed on a cot outside the governor's mansion last year wearing an anti-death penalty button and surrounded by people holding signs opposing executions.
[Deathpenalty] death penalty news----OHIO, OKLA., NEB., ARIZ., NEV., CALIF., USA, US MIL.
September 29 OHIO: Inmate Convicted in Ohio Prison Riot Fights Execution Date An inmate sentenced to die in the slayings of 5 fellow inmates during a 1993 prison riot in Ohio is fighting a prosecutor's request to set his execution date. Lawyers for 49-year-old Keith LaMar told the Ohio Supreme Court on Thursday the only evidence against him came from inmates that authorities never corroborated and that further proof of his innocence was withheld. The filing also challenges the death penalty as disproportionately affecting minorities. LaMar is black. LaMar was convicted of aggravated murder in 1995 for the deaths of 5 inmates during a riot at the Southern Ohio Correctional Institution in Lucasville. He received the death penalty for 4 of the killings. A special prosecutor asked the court last week to set an execution date, saying LaMar had exhausted his appeals. (source: Associated Press) OKLAHOMA: OCCA denies petition in Julius Jones death penalty case Today, the Oklahoma Court of Criminal Appeals (OCCA) has dismissed the petition by death row prisoner Julius Jones, who sought a hearing to present new evidence of racial bias in his case. New evidence revealed by Jones' legal team and also in the ABC documentary The Last Defense, shows that one juror harbored racial prejudice that could have influenced his vote to convict and sentence Jones to death. Court documents state that a juror said "they should just take that (n-word) out and shoot him behind the jail." Jones, an African American, was an honor student and athlete on scholarship at the University of Oklahoma at the time of his arrest. Jones has always maintained his innocence. "No court has ever considered all the extensive evidence in this case, including evidence of explicit racial bias, police and prosecutorial misconduct, and informant testimony," said Dale Baich, a federal public defender representing Julius. "We will continue to seek a fair hearing for Mr. Jones, who was wrongfully convicted and has spent 18 years on Oklahoma's death row for a crime he did not commit." According to Baich, in Peña-Rodriguez v. Colorado (2017), the U.S. Supreme Court called racial bias 'a familiar and recurring evil that, if left unaddressed, would risk systemic injury to the administration of justice.' "Racial bias was present in Mr. Jones' case, and we will continue to seek justice," Baich said. In April 2017, the Oklahoma Death Penalty Review Commission issued a report detailing numerous systemic flaws within Oklahoma's capital punishment system. The report included a study about racially disparate capital sentencing outcomes in Oklahoma. "The U.S. Supreme Court has made it unequivocally clear that our criminal justice system cannot tolerate such blatant examples of racial prejudice on the part of even a single juror," Baich said. "In this way and many others, Jones' rights under the state and federal constitutions have been violated and his conviction and death sentence should be overturned." In May 2017, Jones’ attorneys reached out to the DA's office to retrieve a red bandana which they held in evidence, to test for DNA. The only eye witness to the murder stated that the shooter wore a red bandana. Finally, in March 2018 the bandana was release and sent to LabCorp in Virginia, at the expense and direction of Jones' attorney, a procedure agreed to by the state. On September 7, the state called a hearing to address the question of whether the district attorney's office would be able to communicate directly with the DNA testing facility. With a nearly full courtroom, including Jones' family and supporters, Oklahoma County District Court Judge Bill Graves ruled that the state cannot unilaterally contact the DNA lab, but joint contact will be allowed, which is what the defense offered two weeks prior to the hearing. After the hearing Baich stated, "Today's ruling simply means that, going forward, the parties will jointly confer with the lab conducting the DNA testing. As we represented to the judge at the hearing, that testing is well underway." Oklahoma County district attorneys David Prater and Jennifer Hinsburger presented for the state. Michael Robles, with Crowell Moring law firm in New York City, is providing pro bono representation in the Jones' case. Mark Barrett, from Norman, also presented for Jones. "This evidence should have been tested 19 years ago," said Baich. "There is always a concern that with the passage of time, the sample could be degraded or contaminated. Although this hearing is important, DNA testing is just one aspect of this case, which includes overwhelming evidence that not only was Julius Jones wrongfully convicted, but racial bias also contaminated the trial." The U.S. Supreme Court has rescheduled the Jones v. Oklahoma case once again - the 14th time. The petition was first filed by Jones' attorneys in November 2017.
[Deathpenalty] death penalty news----OHIO, TENN, OKLA., NEB.
August 10 OHIO: Cleveland man whose 2002 death sentence overturned can't have jury hear new sentencing, court rules A convicted serial rapist and killer whose 2002 death sentence was overturned on appeal must have his re-sentencing hearing heard by a 3-judge panel and not a jury, the Ohio Supreme Court ruled Thursday. The ruling overturned a March 2017 decision by Cuyahoga County Common Pleas Court Judge Cassandra Collier-Williams to grant Kelly Foust's request to have a jury, rather than a panel of judges similar to the one that originally sentenced him, recommend his new sentence. Foust waived his right to a jury trial at the beginning of his case and the Supreme Court ruled that Ohio law bars a defendant from revoking that waiver. The ruling comes after a protracted legal battle between lawyers representing Foust, Collier-Williams and the Cuyahoga County Prosecutor's Office. Foust was convicted in the March 2001 murder of Jose Coreano and the rape of a 17-year-old girl. A 3-judge panel sentenced Foust to death in January 2002. Foust broke into the house looking for his estranged girlfriend. He beat the sleeping Coreano to death with a claw hammer and set the house on fire. Foust waived his right to have a jury hear the guilt and sentencing phases of his trial. The U.S. 6th Circuit Court of Appeals overturned Foust's death sentence in 2011 and ordered him to be re-sentenced after justices found that Foust's lawyers did not present evidence of "horrific" childhood abuse. Prosecutors and Foust's lawyers have been locked in legal battle since then over whether Foust could rescind his jury waiver for his new sentencing phase. A team of Ohio Public Defenders that represents Foust filed a new request to have a jury recommend his sentence after a U.S. Supreme Court ruling that overturned Florida's death penalty statute. They argued that decision guarantees defendants facing the death penalty "an unequivocal right" to have a jury determine facts necessary to impose a sentence of death. But the court rejected that argument, pointing to Ohio law that lays out who should preside over a re-sentencing of defendant whose death sentence was overturned. "If the offender was tried by a jury, the trial court shall impanel a new jury for the hearing," the law says. "If the offender was tried by a panel of three judges, that panel or, if necessary, a new panel of three judges, shall conduct the hearing." Collier-Williams "clearly and unambiguously" lacked authority to impanel a jury, the court found. "Judge Collier Williams sought to ensure the court's compliance with Mr. Foust's constitutionally protected right to a jury trial in accord with law handed down by the US Supreme Court," Larry Zukerman, who represented Collier-Williams before the Supreme Court in the case, said in an emailed statement. After his imprisonment, Foust was tied to 3 other sexual assaults, including the 1 at the heart of his initial arrest. He pleaded guilty to 3 counts of felony sexual battery in 2016. Collier-Williams sentenced him to 5 years in prison in that case. (source: cleveland.com) TENNESSEEexecution Tennessee Executes Inmate With Controversial Drugs Despite Sotomayor's Powerful DissentJustice says the U.S. is "accepting barbarism" as the execution of Billy Ray Irick is allowed to go forward. Justice Sonia Sotomayor issued a blistering dissent that we are "accepting barbarism" after the Supreme Court refused to halt Tennesee's execution Thursday night of Billy Ray Irick, 59, using a controversial drug combination. Irick was put to death for the 1985 rape and murder of 7-year-old Paula Dyer. He coughed, choked and gasped for air after the 3-drug cocktail was administered, The Tennessean reported. His face turned dark purple as he died. Before the lethal drugs were injected, Irick said, "I just want to say I'm really sorry and that, that's it." Blinds between the execution room and witnesses were opened at 7:26 p.m. Central time, and Irick was declared dead at 7:48. Sotomayor accused the U.S. of no longer being a civilized nation and "accepting barbarism" in a blistering dissent after the high court refused Thursday to stop the execution using drugs that had resulted in painful, botched executions in the past. Irick and several other death row inmates sued early this year to halt the execution, arguing that the state's new death cocktail, including the controversial sedative midazolam, would be tantamount to torture and a violation of the Constitution's prohibition against "cruel and unusual punishment." Supreme Court Justice Elena Kagan denied a request to stay Irick's execution. "In refusing to grant Irick a stay, the Court today turns a blind eye to a proven likelihood that the State of Tennessee is on the verge of inflicting several minutes of torturous pain on an inmate in its custody," Sotomayor wrote in her moving
[Deathpenalty] death penalty news----OHIO
July 20 OHIOdeath sentence commuted Gov. John Kasich commutes death sentence of Cincinnati killer Raymond Tibbetts A Cincinnati killer scheduled to be executed on Oct. 17 has been spared the death penalty after a juror's plea to Gov. John Kasich. Kasich went against the recommendation of the Ohio Parole Board on Friday and commuted the death sentence of Raymond Tibbetts to life in prison without the possibility of parole. Kasich delayed Tibbetts’ execution in February, citing a letter the governor received from a Cincinnati juror who said Tibbetts' trial was flawed and asked that Tibbetts be spared. Juror Ross Geiger said he would not have voted for the death penalty if he had known the horrible conditions of Tibbetts' childhood. Under Ohio law, Geiger's single vote for a life sentence would have prevented the death penalty. After receiving Geiger's letter, Kasich asked the Ohio Parole Board to review Tibbetts' case. The board held a hearing June 14 and later voted 8-1 against recommending clemency for Tibbetts, according to a report issued June 21. The board originally voted 11-1 in January 2017 against mercy for Tibbetts. A statement from Kasich's office Friday explained the governor's decision: "Tibbetts’s commutation is being granted as a result of fundamental flaws in sentencing phase of his trial. Specifically, the defense’s failure to present sufficient mitigating evidence, coupled with an inaccurate description of Tibbetts’s childhood by the prosecution, essentially prevented the jury from making an informed decision about whether Tibbetts deserved the death penalty." Hamilton County Prosecutor Joe Deters released this statement through a spokesperson: “John is the governor and he has every right to do what he did. We do not have to agree with it but he is the governor and it is over.” An attorney for Tibbetts, Erin Barnhart, said in part: "Governor Kasich has done our State a great service today by rectifying this wrong and ensuring that the checks and balances in our criminal justice system can work.” In his Jan. 30 letter, Geiger told Kasich he believed he and other jurors were misled by attorneys about the “truly terrible conditions” of Tibbetts’ upbringing. “After reviewing the material, from the perspective of an original juror, I have deep concerns about the trial and the way it transpired,” Geiger wrote to the governor. “This is why I am asking you to be merciful.” At the review hearing, Geiger said jurors weren't told about Tibbetts' claims that he and his brothers were tied to a single bed at the foster home, weren’t fed properly, were thrown down stairs, had their fingers beaten with spatulas and were burned on heating registers. He said he didn't learn about it until he started researching the case on the internet and found it in Tibbetts’ application for mercy last year. Philip Cummings, Hamilton County Assistant Prosecuting Attorney, reminded the board that Tibbetts himself said he was not deserving of clemency. Prosecutors also argued that Tibbetts’ background didn’t outweigh his crimes. READ both sides' testimony at the hearing Tibbetts was convicted for the 1997 murders of his wife, Judith Crawford, and the couple’s landlord, Fred Hicks, in Cincinnati. Prosecutors said Tibbetts, then 40, stabbed Hicks, 67, to death at Hicks’ home and beat and stabbed Crawford during an argument that same day over Tibbetts’ crack cocaine habit. Hicks had hired Crawford as a caretaker and allowed the couple to stay with him. Tibbetts had been sentenced to death for killing Hicks. He received life imprisonment for killing his wife. Another Cincinnati killer, Robert Van Hook, was executed two days ago for stabbing and killing David Self, a man he met in a bar, in 1985. Prosecutors said Van Hook made a practice of luring gay men from bars to rob them. (source: WCPO news) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----OHIO, NEB., S.DAK., CALIF., USA
June 14 OKLAHOMAdeath row inmate dies Death row inmate in Tulsa bank teller's murder found dead at state penitentiary A death row inmate who killed a Tulsa bank teller in 2004 and who exhausted his appeals reportedly hanged himself Saturday in his jail cell. Oklahoma State Penitentiary staff found Jeremy Williams, 35, dead in his cell from an apparent suicide, according to an Oklahoma Department of Corrections incident report. Matthew Elliott, a DOC spokesman, said Williams' death remains under investigation. DOC security officers found Williams "hanging from the vent with a ligature tied around his neck," officers state in the report. Williams was convicted for his part in a 2004 shooting death during a botched bank robbery. He was sentenced to death after his conviction and exhausted his appeals in January 2016 when the U.S. Supreme Court rejected his final appeal. Williams was on death row for nearly 12 years before he was found dead in his cell. In June 2004, Williams and Alvin "Tony" Jordan were the masked gunmen who robbed First Fidelity Bank, located in the 2600 block of East 21st Street, according to Tulsa World archives. Amber Rogers, 26, was a teller there at the time of the robbery. She was shot in the abdomen and killed. During the court case, prosecutors argued Williams and Jordan caught Rogers in crossfire. The bullet passed through her body and state medical examiners could not determine the caliber of gun that fired it. Jordan pleaded guilty and is serving a life sentence in prison. Jordan avoided the death penalty when he pleaded guilty, according to a previous story. On Saturday, prison security officers were conducting a "count" around 11:15 p.m. when they found Williams' cell window obscured by a sheet. Staff state in the incident report that Williams "did not respond to knocking." They cracked the door to pull back the sheet from the window, revealing Williams' body. Authorities attempted life-saving measures, but by 3:30 a.m. Sunday, state medical examiners had taken Williams' body. Williams was on death row, but he had not yet been scheduled to be executed. Between 1915 and 2014, state officials executed 192 men and 3 women, according to DOC records. The last execution in Oklahoma was that of Charles Warner, who died by lethal injection in January 2015. An autopsy first reported by The Oklahoman revealed that 1 of the drugs used was not part of the Department of Corrections' lethal injection protocol. Oklahoma authorities announced in March 2018 that they will transition to inert gas inhalation for executions. The announcement came after 3 years without an execution due to controversy over lethal injection. (source: Tulsa World) NEBRASKA: Nebraska Supreme Court won't let ACLU weigh in on death penalty case Just days after the ACLU asked to be allowed to file a "friend of the court" brief in Carey Dean Moore's death penalty case, the Nebraska Supreme Court on Wednesday denied it. Without elaborating, the state's highest court simply overruled the motion, according to court records. Friday, attorney Amy Miller of the ACLU of Nebraska had asked to be allowed to file a brief, in which she planned to lay out legal reasons why the court should delay issuing an execution warrant, sought by the attorney general's office, to carry out Moore's death sentence. In the motion, which contained the proposed brief, Miller listed 4 pending lawsuits, including one in which the Lincoln Journal Star, the Omaha World-Herald and the ACLU alleged a violation of public-records law regarding the source of the state's lethal injection drugs. But the ACLU doesn't currently represent Moore, who asked defense attorneys to withdraw from his case last month and isn't fighting the death penalty. Moore, on death row since 1980, was convicted of 2 counts of 1st-degree murder in the 1979 deaths of Omaha cab drivers Reuel Van Ness and Maynard Helgeland. Moore was 21 at the time. On April 3, Nebraska Attorney General Doug Peterson filed a motion for an execution warrant for Moore. Peterson's office later asked the court to expedite the execution and requested a July 10 date, or sometime in mid-July, because one of the lethal injection drugs expires this summer. Scott Frakes, director of the Nebraska Department of Correctional Services, said the potassium chloride they have to carry out the execution expires Aug. 31. (source: Lincoln Journal Star) * Mental illness, burden of 'profound failure' led Anthony Garcia to kill 4, lawyer says The doctor turned quadruple killer was wheeled into the third-floor courtroom, shoulders hunched, eyes scrunched. Forced to court by Douglas County sheriff's deputies, Anthony Garcia rolled into court as if he had rolled out of bed - with his unkempt beard, uncut fingernails and toenails, and the defiance that he has displayed throughout his
[Deathpenalty] death penalty news----OHIO, ARK., MO., COLO., WYO.. NEV., CALIF., WASH., USA
May 9 OHIO: Man ruled competent to stand trial in '15 murder Not many murder defendants want a death-penalty specification added to their case. Tuesday, James Jarrell asked why he couldn't have 1 in his aggravated-murder case. After a hearing in Mahoning County Common Pleas Court before Judge Lou D???Apolito, where attorneys on both sides stipulated to an evaluation that said Jarrell was competent to stand trial, he asked why he could not have a death-penalty specification added to his case. Jarrell, 35, is charged in the July 7, 2015, stabbing death of his stepmother, Tina Jarrell, 55, in the kitchen of her Wellington Avenue on the West Side. Judge D'Apolito told Jarrell that because he was not indicted with a death-penalty specification, he cannot ask to have that added to his charges in a plea bargain or any other type of proceeding. Jarrell did not say why he wants the death penalty added. A trial date has not been set for Jarrell, who was to go to trial in November only to have it delayed because of a suicide attempt at the county jail. Prosecutors at the time accused Jarrell of malingering and wanting to delay his trial by any means possible, so Judge D'Apolito ordered the evaluation to determine if Jarrell was competent to stand trial, understand the charges against him and be able to aid in his own defense. The evaluation determined that Jarrell is competent to stand trial. Jarrell also tried to fire one of his attorneys in November, and the judge would not allow him. He tried again Tuesday, and the judge would not allow it. (source: Youngstown Vindicator) ** Defendant eligible for death penalty in shooting of Hampton Inn clerk Michael D. McLendon, 25, could face the death penalty on charges handed up Monday afternoon by a Greene County grand jury in the March 7 shooting of a Hampton Inn hotel clerk at the hotel in Fairborn. McLendon is accused of several felony charges in the death of clerk Andrew Day, 29. Prosecutors have said McLendon has admitted to the shooting. McLendon additionally is charged with aggravated robbery, felonious assault, firearm specifications, repeat violent offender specifications and aggravating circumstances that make the defendant eligible for the death penalty. McLendon remaind jailed on a $1 million bond. The case has been assigned to Common Pleas Judge Stephen A. Wolaver. An arraignment will be scheduled by the court, according to county Prosecutor Stephen K. Haller's office. (source: WHIO news) ARKANSAS: Anti-Execution Judge Says Arkansas High Court Retaliating An Arkansas judge barred by the state Supreme Court from hearing death penalty cases says in a court filing that justices are retaliating against him for exercising his First Amendment rights to free speech and the free exercise of religion. Pulaski County Circuit Judge Wendell Griffen, a Baptist minister, has sued the justices, saying they improperly took him off all execution-related cases. His lawyer asked a federal appeals court late Monday to reject the justices' request to halt depositions and discovery. The justices have said their deliberations should be off-limits. Griffen last year took part in a death penalty protest the same day he ruled the state Department of Correction could not administer 1 of its 3 execution drugs. A drug distributor, McKesson Medical-Surgical, had questioned whether it had been obtained through proper channels. At the time, Arkansas was poised to execute 8 men in an 11-day period; it ultimately put 4 men to death over 8 days. Griffen said in papers filed at the 8th U.S. Circuit Court of Appeals in St. Louis that the state Supreme Court barred him from death penalty cases even though no one asked for such a ruling. "There was no urgency to the Supreme Court's personnel decision because, by the time the Supreme Court issued its order, an Arkansas federal district court ... had already stayed the executions," Griffen's lawyer wrote. Baker's order was later overturned. Last month, a federal judge said Griffen's lawsuit could proceed against the justices individually and that each side could gather facts from the other side in a process known as discovery. The justices have told the 8th Circuit they don't want to disclose their internal deliberations. Lawyer Michael Laux wrote to the appeals court late Monday that had the justices simply removed Griffen from the McKesson case, there would have been no cause for Griffen to sue. However, he said, Griffen believes the justices acted improperly. (source: Associated Press) MISSOURI: Pam Hupp's lawyers file motions to avoid death penalty Attorneys representing murder suspect Pam Hupp have filed a series of motions in St. Charles Circuit Court. It is an attempt to take the death penalty off the table. Hupp is accused of killing Louis Gumpenberger in 2016. Prosecutors say it was part of an
[Deathpenalty] death penalty news----OHIO, ARK., NEB., ARIZ., CALIF., USA
May 3 OHIO: Court to hear case of Ohio man who killed 88-year-old woman The Ohio Supreme Court has scheduled arguments in the death penalty case of a man convicted of fatally beating and stabbing an 88-year-old woman during a robbery. Death row inmate James Goff was sentenced to die in the 1994 slaying of Myrtle Rutledge in her Wilmington home in southwestern Ohio. He was found guilty by a jury the following year. A federal appeals court ruled in 2010 that Goff received poor legal help during his appeals. He went before a judge in 2015 for a new sentencing and again received the death penalty. The 43-year-old Goff argues he was wrongly prevented from presenting a psychological update and evidence of his good behavior in prison at his resentencing. The Supreme Court set oral arguments for June 12. (source: Associated Press) *** Jury to be seated soon in Youngstown death penalty case A jury could be in place next week to hear the case against Lance Hundley of Youngstown. Lawyers for both the defense and prosecution continued Wednesday working through their list of prospective jurors. They started with a pool of about 145 and hope to have that whittled down to around 50 by the end of the week. Hundley is charged with beating Erika Huff to death back in 2015 as well as attacking the victim's mother. He faces a possible death sentence if he's convicted. (source: WKBN news) ARKANSAS: Evidentiary portion of Chumley murder trial expected to start today in Fayetteville A jury is expected to be seated and opening statements begin Wednesday in the murder trial of Mark Edward Chumley. Chumley, 48, is charged with accomplice to capital murder in the killing of Victoria Annabeth Davis on Aug. 19, 2015. Police said Davis, 24, was held captive at her house at 433 S. Hill Ave. for hours and beaten by her husband, John Christopher Davis, 28, and others, including Chumley. The state is seeking the death penalty against Chumley. Attorneys narrowed the jury pool to 43 potential jurors Tuesday evening from a pool of 99. They'll study the list and are set to make strikes and narrow the pool to 12 jurors and three alternates this morning. Circuit Judge Joanna Taylor said she wants to begin opening statements in the early afternoon. The arduous jury selection process is required because the death penalty is in play. The defense is hoping to head off the death penalty and save Chumley's life if he is convicted. A jury dealing with a criminal case where the death penalty is a prospective sentence must consist of jurors who are categorically not opposed to the imposition of capital punishment and of the belief the death penalty must not be imposed in all instances of capital murder. Grounds for requesting the death penalty are because the killing was done to prevent an arrest and was done in an especially depraved or cruel manner, according to prosecutors. Matt Durrett, prosecutor, said Tuesday he thinks he can wrap up the state's case by the end of the day Friday. John Christopher Davis, 30, pleaded guilty in December to being an accomplice to first-degree murder. Davis was sentenced to 37 years in the Arkansas Department of Correction. The other defendants include Rebecca Lee Lloyd, 39, and Christopher Lee Treat and Desire Amber Treat, both 32. All are charged with accomplice to capital murder and are being held without bond at the Washington County Detention Center. Prosecutors said they expect some of the co-defendants to testify against Chumley. (source: nwaonline.com) NEBRASKA: Hearing scheduled for AG's lawsuit against state senators seeking answers on death penalty A judge has scheduled a hearing Friday on a motion to block the Nebraska Legislature from questioning the prisons director about the state's execution protocol. Meanwhile Wednesday, the 16 senators named this week in the lawsuit by Attorney General Doug Peterson were working to obtain a lawyer to represent them in the highly unusual legal dispute that pits two branches of state government against each other. Lancaster County District Judge Lori Maret scheduled the hearing for 11 a.m. Friday to consider the state's motion to quash the subpoena served last week on Scott Frakes, director of the Nebraska Department of Correctional Services. The Legislature's Judiciary Committee plans to question Frakes at a Tuesday morning public hearing regarding the procedure his staff followed when designing changes to the lethal injection protocol in 2016 and 2017. Peterson's office filed the lawsuit Tuesday seeking to prevent Frakes from having to testify before the committee. The lawsuit also asks the court to declare the senators in violation of state law and to order them to pay the costs of the lawsuit. A majority of the senators, all members of the Judiciary Committee or the Executive Board, voted to approve the
[Deathpenalty] death penalty news----OHIO, MO., UTAH, USA
May 1 OHIO: Still no execution date for Dayton man after 30 years on death rowSamuel Moreland was convicted in 1986 of killing 5 members of a Dayton family. 25 of Ohio's death row inmates have been assigned dates through 2022 when lethal chemicals under the state's direction are to be injected into their bodies. Samuel Moreland isn't one of them, though more than 30 years have passed since his conviction for the murders of 5 members of a Dayton family. In fact, of the 25 inmates with scheduled execution dates over the next 4 years, 20 of them entered the prison system after Moreland. Execution schedules are determined by a number of factors, including whether an inmate has exhausted all of his appeals. But the wait can be frustrating for the victims' families, who are forced to relive extraordinarily painful events with each delay, which can come at any time during the process. In February, just days before he was scheduled to die, Raymond Tibbetts of Cincinnati had his execution delayed by Gov. John Kasich after a juror asked the governor to grant clemency in the case, saying the jury was never told about the abuse Tibbetts incurred as a young person, including being tied to his bed by his foster parents. Kasich rescheduled the execution for Oct. 17 of this year. Another inmate - Romell Broom - received a stay of execution by then Gov. Ted Strickland in 2009 when the execution team was unable to local a suitable vein in which to inject the chemicals. He is now scheduled to die on June 17, 2020. Moreland has never had an execution date but has spent more than 3 decades seeking to overturn his conviction. The delays have frustrated Tia Talbott, whose mother, sister, 2 sons and a niece were found slain in her South Ardmore Avenue home on Nov. 1, 1985. The following year Moreland - Talbott's mother's boyfriend - was convicted by a 3 judge panel and sentenced to death. After more than 3 decades of appeals in the state and federal courts, Talbott was under the impression that Moreland would no longer be able to delay his execution. "I thought this is it, it's over. This is the end," she said after the last appeal was rejected. "He will be executed. Justice will be done." However, a 2003 Ohio law that allows for additional DNA testing of evidence in death penalty cases gave Moreland another chance to disprove the prosecution's case against him. Following a request by the Innocence Project, a legal clinic at the University of Cincinnati Law School, the court granted permission to have DNA evidence in Moreland's case retested. Innocence Project Director Mark Godsey said the group is interested only in seeing that justice is done. Since its inception in 2003, the group has reviewed approximately 8,000 cases and taken only 30 of them to court, he said. "DNA technology is always changing and getting more and more sensitive so there are more and more things you can do," Godsey said. "The 1st round of testing in this case that was done earlier came back in a way that was not helpful to Mr. Moreland. It was indicative of guilt but it wasn't conclusively indicative. Our position is when someone is claiming innocence and there is DNA testing that you can do, you should do it, particularly when it is a death penalty case." Ohio has executed 55 people since 1999, though just 2 since a moratorium was put in place after a botched execution in January 2014. The executions were resumed last July. 'My family is valuable' Former Dayton Police Lieutenant Dan Baker, who was at the scene of the South Ardmore Avenue murders in 1985, believes the investigation was sound. "As far as I'm concerned our job was done properly at the time, with the technology at the time, and professionally," he said. "However, our court system allows for the appeal situation." Baker still remembers walking into the Talbott house and seeing the bodies of the victims. Some of them were shot while others - including small children - were beaten to death, he said. Baker has no doubt in his mind that Moreland was the killer. But, he said, "They are going to take the technology of today and look back 30 years and say, gee whiz, did somebody make a mistake?" Talbott says her family feels as though the court system has forgotten the agony they've been forced to endure. "My family is valuable. They're human beings," she said. "They're worth something and they (the courts) should act like it and do justice for them." According to the Ohio Attorney General's Capital Case Annual Report, the court initially granted retesting of evidence on July 10, 2014, including "spent, misfired, and live .22 caliber shell casings as well as blood-stained sweat pants." The order to transfer the evidence to a lab for testing came on Dec. 4, 2017. An eyewitness recalls the crime Montgomery County Prosecutor Matt Heck, who worked on the original case in 1986 as an assistant
[Deathpenalty] death penalty news----OHIO
April 18 OHIO: Ohio Death Penalty Sentencing Process Ruled Constitutional Ohio's death penalty sentencing process is different in critical ways from a Florida sentencing scheme struck down by the U.S. Supreme Court, the Ohio Supreme Court ruled today. The state's high court unanimously rejected a Marion County man's challenge to the Ohio process, which he claimed violated an accused murderer's constitutional rights. The ruling affirmed the death penalty of Maurice Mason, who was convicted of the rape and murder of Robbin Dennis in 1993. Mason had won the right to challenge his original death sentence in 2008. When his case went before the Marion County Common Pleas Court in 2016, he argued the U.S. Supreme Court's 2016 Hurst v. Florida decision, which invalidated that state's death penalty sentencing process, applies to Ohio. The trial court agreed that Ohio's scheme was unconstitutional based on Hurst. Marion County prosecutors appealed the decision, and later in 2016, the Third District Court of Appeals reversed the decision and affirmed the death sentence. In Hurst, the U.S. Supreme Court found Florida's law violated the right to a jury trial guaranteed by the U.S. Constitution's Sixth Amendment. Writing for the Ohio Supreme Court today, Justice Patrick F. Fischer explained that unlike procedures in Florida and other states, an Ohio jury makes every necessary finding to impose a death sentence, and that satisfies the Sixth Amendment requirements. Chief Justice Maureen O'Connor and Justices Judith L. French and R. Patrick DeWine joined Justice Fischer's opinion. Sixth District Court of Appeals Judge James D. Jensen, sitting for recused Justice Terrence O'Donnell, and Second District Court of Appeals Judge Michael T. Hall, sitting for recused former Justice William M. O'Neill, also joined the majority opinion. Justice Sharon L. Kennedy delivered a concurring opinion, in which she wrote that the Ohio Supreme Court's 2016 State v. Belton decision already determined the that Hurst ruling did not invalidate Ohio's death penalty sentencing process. (source: Court News Ohio) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----OHIO, MO., NEB., USA
April 5 OHIO: Jury recommends death penalty for James Worley A Fulton County jury says James Worley should be put to death following his murder conviction last month. On Wednesday afternoon, jurors unamimously decided to reccomend death penalty for killing UT student Sierah Joughin in 2016. Jurors got the case on Tuesday and had the option of the death penalty, life without parole, life with parole after 25 years, and life with parole after 30 years. Fulton County court officials tell NBC24 Judge Jeffrey Robinson will render his final decision on April 18th. That decision is to allow Worley to be present when the victim's family is making a statement. (source: WNWO news) ** New judge, new retrial date for Mentor-on-the-Lake death penalty case A former Perry Township man accused of raping and murdering a Mentor woman now has a new judge and a new retrial date. Joseph Thomas, now 33, was sentenced to death in 2012 after being found guilty in the death of Annie McSween. The 49-year-old victim's body was found on Nov. 26, 2010, in a wooded area outside of a Mentor-on-the-Lake bar, where she worked as a bartender. Thomas' 2nd trial was scheduled to begin Aug. 13 in front of Lake County Common Pleas Judge Richard L. Collins Jr., who presided over the original trial. However, after attorneys requested additional time, the case was reassigned to Judge Eugene A. Lucci since Collins will be retiring at the end of the year. Jury selection is now scheduled to begin Jan. 7. Meanwhile, the records and docket will remain sealed so that prospective jurors cannot do online research on the case file. Lucci held his 1st pretrial in the case April 3 to meet the defendant???s new attorneys, Donald Malarcik and Noah Munyer, and get up to speed on the case. Malarcik asked that at least 250 people be summoned for jury duty, which then would slowly be whittled down to the usual pool of around 50 before the final 12 - and 4 alternates - are seated. Thomas' 1st trial began with about that same number of potential jurors. However, Lucci said more would be necessary this time. "When you have a retrial, you need a lot more jurors because there's a lot more water under the bridge," he said. "I'm thinking more like 400." Both sides have submitted lengthy proposed juror questionnaires for the judge to approve, including questions on their views of the death penalty, life in prison and pretrial publicity. Malarcik estimated it would take about 8 weeks to try the case from start to finish, while assistant county prosecutors Patrick Condon and Charles Cichocki said they believe the case would take about 6 weeks. Lucci said he would rather err on the longer side, since picking a jury alone could take nearly 1 month, and he will set aside the 8 weeks. The judge expressed some concern that both prosecutors are among 6 candidates seeking the judicial seat that will be vacated by Collins, meaning 1 of them could possibly not be available at trial. "What if one of you wins the election?" asked Lucci. Cichocki assured him there is a 3rd assistant prosecutor being prepped on the case. The Ohio Supreme Court overturned the death sentence in October 2017 and ordered a new trial be scheduled for Thomas. The high court determined the trial court improperly admitted into evidence 5 knives that prosecutors knew were not used in the crime, and that there was a reasonable probability that the error affected the outcome of the trial. Thomas is currently being housed in Lake County Jail on a $1 million cash bond. (source: News-Herald) MISSOURI: Judge Thomas Mountjoy sentenced Craig Wood to death for the rape and murder of Hailey Owens Craig Wood's sentence is being cited by opponents of capital punishment who want to stop Missouri judges from sending criminals to death row with a jury's approval. Missourians for Alternatives to the Death Penalty is pushing for state lawmakers to take away the judicial power to impose a death sentence in cases where juries cannot agree. Wood was convicted of first-degree murder in November for the abduction, rape and killing of 10-year-old Hailey Owens in 2014. After the guilty verdict, the jury deadlocked on the question of his punishment Judge Thomas Mountjoy in January handed down a death sentence for Wood; the other option was life in prison without hope of parole. Wood's case is one of two cited by Missourians for Alternatives to the Death Penalty, which is advocating for a bill that would take away the capital punishment option if juries cannot agree. A bill to do just that was unanimously approved by a legislative committee in late March and is another committee vote away from hitting the House floor. The death-penalty opponents note that, as the News-Leader previously reported, two of the twelve jurors deliberating on Wood's fate believed he should spend his life behind
[Deathpenalty] death penalty news----OHIO
March 26 OHIO: Ohio Gov. John Kasich commutes death sentence for killer set for execution in 2 weeks Ohio Gov. John Kasich granted clemency for a Toledo-area killer who was 2 weeks away from execution. Kasich's decision Monday to spare William Montgomery's life comes 10 days after the Ohio Parole Board voted 6-4 to recommend mercy for him. The governor commuted Montgomery's sentence to life without parole. The board's report showed the majority had too many questions over inconsistent witness statements that weren't disclosed to Montgomery when he was on trial and whether the jury made its decision on sound grounds. Montgomery, 52, was scheduled to be executed by lethal injection on April 11. He has been in prison since 1986 and was sentenced to death for the murder of Deborah Ogle during a robbery. He was also convicted of murdering Cynthia Tincher, Ogle's roommate. Lucas County Prosecutor Julia Bates had asked the parole board to deny Montgomery's request for clemency. (source: cleveland.com) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----OHIO, IND., MO., ARIZ., USA
March 21 OHIO: Gov. Kasich, heed Ohio Parole Board and don't execute William Montgomery: Jack Sullivan Jr. (Opinion) The families of murder victims deserve the truth about what happened to our loved ones. We want the offenders punished, but we certainly don't want the wrong persons held accountable. Unless Gov. John Kasich acts on the recommendation of the Ohio Parole Board to not execute William Montgomery, that horrifically unfortunate scenario could become an unintended outcome of Ohio's next scheduled execution on April 11. Montgomery was sentenced to be killed for his "alleged" murder of Debra Ogle. He also received a life sentence for his "alleged" killing of Cynthia Tincher. "Alleged," because there is simply too much doubt about whether Montgomery is actually their killer, as the Ohio Parole Board acknowledged Friday in voting 6-4 to recommend clemency in the case. I know how painful it is to lose a loved one to murder, and how urgently one wants to have a resolution to the crime. My beloved sister Jennifer was 21 years old in 1997 when she was killed in her Cleveland home, which she shared with her 2-year-old daughter, Imani. Her murder remains unsolved. I learned of Jennifer's death while attending a church convention in Colorado. I rushed home, joined my sister Theresa in planning Jennifer's funeral, and began the process of carefully weaving Imani into the fabric of my household. Immediately, and in the years following Jennifer's death, my family received tremendous spiritual and moral support from church leaders, congregants, family members and friends. We could not have gone very far as a family without those networks of care and compassion. However, we experienced little attentiveness from law enforcement, social services, and the state of Ohio. Just days after Jennifer's funeral, I applied to the Ohio victims' assistance fund, believing that officials there would at least offer assistance to Jennifer's daughter. That was in 1997. Except for letters of acknowledgement, I have yet to receive any reply of substance. It is with this set of experiences in mind that I grow more concerned every time I hear politicians say that victim family members need executions in order to heal. Capital punishment is so infrequent that what they are really saying to most of us is that our loved ones were not valuable enough to them. Despite thousands of murders since Ohio enacted its death penalty statute in 1981, only 55 killers have been put to death. For the precious few where death is the sentence, victim families are putting their healing process on hold for a very long time. One of many the reasons I oppose executions is because of the false promises they present to victim families. As happened when Kasich temporarily reprieved a man scheduled for execution in February to allow a further review of the case, the rug can get pulled out from under you just days before the moment you have been waiting for. Gov. John Kasich has pushed back the execution date for Raymond Tibbetts so the Ohio Parole Board can consider a juror's concerns about Tibbetts' trial. In November, the victim's family was in the witness room when the execution was called off. In both cases the families had been waiting more than 20 years. Ohio currently has 26 men with execution dates extending into 2023. By the time of their executions, five will have been on death row between 15 and 20 years. Eleven will have been there more than 20 years, and ten will have been there more than 30 years. Turning that around, that's how many years victim family members in those cases have had to wait for their so-called justice, and to begin healing. Yes, that's absolutely unacceptable. Some say speed up executions, but then we run the risk of wrongful executions. Thirteen Ohioans who faced death at trial have been exonerated and freed. Four were released from life sentences, and nine after having been condemned to death, all for crimes they did not commit. For many, it was after decades on death row or in prison. We can do better for Ohio's murder victim family members without executions, and we must. Most urgently, we must call on Governor Kasich to stop the next execution because we may be killing an innocent man. William T. Montgomery has been on Ohio's death row for more than 31 years. He has always maintained his innocence. I don't know if he is innocent or guilty, but there is no credible physical evidence tying Mr. Montgomery to these murders. Facts in the case point to other suspects. Google his name or visit OTSE.org for the details, but know this: No court has ever considered the totality of the evidence existing today - much of which was hidden by prosecutors and came to light years after the trial ended. It is possible this man is actually innocent. With so much doubt, we cannot let this execution go forward. Only by giving Mr. Montgomery the new
[Deathpenalty] death penalty news----OHIO, IND., ARK., COLO., ARIZ., CALIF.
March 8 OHIO: Potential jurors considers death penalty in Sierah Joughin murder trial Day 3 is over In the case of the people versus James Worley, the man accused of murdering Sierah jJoughin back in 2016. As part of jury selection potential jurors went through individual questioning, many of the topics surrounding their beliefs on the death penalty. The final 18 jurors will decide Worley's fate with 12 regular jurors and 6 serving as alternates. Before that happens, it needs to be wheedled down from more than 200 people. Several people were excused today because of their opinion on the death penalty. Judge Jeffery Robinson asking the following to a potential juror: "Even though you're against the imposition of the death penalty would you be willing to follow the law and my instructions and consider the death penalty if appropriate in this case?" After a momentary pause the potential juror responded with " No based on my personal beliefs." He was promptly excused. Among several charges Worley is facing 2 counts of aggravated murder which both have death penalty specifications. The trial is expected to begin on Monday. (source: WNWO news) *** Ohio court grants DNA testing results to condemned killerDeath row inmate Tyrone Noling was convicted of the 1990 double murder in Portage County in northeastern Ohio of Bearnhardt and Cora Hartig, both 81 The Ohio Supreme Court is allowing a condemned killer of 2 fuller access to DNA testing of a cigarette butt his attorneys say could determine his innocence. The Supreme Court ruled 5-2 Tuesday in favor of providing Noling's attorneys the DNA profile from tests on the cigarette butt found at the scene. Noling's attorneys argue the profile could help them match the DNA to other suspects. Lead attorney Brian Howe said Tuesday that lawyers are continuing their efforts to exonerate Noling of a crime he didn't commit. Portage County Prosecutor Victor Vigluicci says the cigarette butt's relevance has been repeatedly disproven. (source: Associated Press) Forensic scientist: Evidence muddies Ohio death penalty case Death penalty opponents say prosecutors' theories in the case of a condemned Ohio killer set to die next month have been disproven by a forensic examination. A report from Colorado-based Independent Forensic Services says a woman shot to death in the Toledo area in 1986 died only hours before her body was found, not days. The company says its examination of the autopsy of Debra Ogle determined her corpse didn???t show signs of decomposition normal in a body outside for a few days. Kevin Werner is executive director of Ohioans To Stop Executions. He said Wednesday that the conclusion raises numerous questions about the conviction of death row inmate William Montgomery, whose execution is set for April 11. Lucas County Prosecutor Julia Bates says evidence shows Montgomery was Ogle's killer. (source: Associated Press) INDIANA: Roadblocks attached to death penalty cases in Indiana Marion County Prosecutor Terry Curry has used it before. He used the death penalty in cases when officers in Marion County were killed by a suspect. In 2011, he used the death penalty cases in the case of Thomas Hardy, who later pleaded guilty to shooting and killing Indianapolis Metropolitan Police Department Officer David Moore. Curry pulled it out again. In 2014, he announced he would pursue the death penalty for Major Davis Jr., who later plead guilty in the murder of IMPD Officer Perry Renn. Curry currently is pursuing the death penalty in Jason Brown's case. Brown is accused of shooting and killing Southport Police Department Lt. Aaron Allan on July 27. This all comes at a critical time. Boone County Prosecutor Todd Meyer is faced with whether or not he will use the death penalty in the Anthony Baumgardt case. Prosecutors on Wednesday formally charged Baumgardt with the murder of Boone County Deputy Jacob Pickett. During his preliminary hearing, Baumgardt asked a judge if he could request the death penalty for himself. Jack Crawford, an Indianapolis defense attorney who is not connected to the Baumgardt's case, made it clear that death penalty cases come with potential roadblocks. "In reality, the death penalty case is very expensive and, for a county the size of Boone County, it could be a serious expenditure it can run $1 (million) to $2 million, and the state pays half the cost. The prosecutor will have to factor that in," Crawford said. (source: WISH TV news) Suspect in killing of Deputy Jacob Pickett asks whether he can seek the death penalty After hearing the criminal charges against him and asking when he would be able to get a lawyer, Anthony Baumgardt asked one final question to cap a court hearing unlike any other the Boone County prosecutor had seen. "Is the death penalty going to be seeked
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March 6 OHIO: Franklin County seeing more death-penalty cases Killers who gun down police officers. Serial predators who serve time, only to get out, find new prey and kill. Murderers who snatch away the lives of young children. Those are among the groups Ohio prosecutors typically target for the death penalty. But death-penalty cases have been relatively uncommon in Franklin County - until this year. The last time someone was sentenced to death in Franklin County was in 2012. A 3-judge panel showed no remorse for Caron Montgomery, who stabbed his girlfriend and her 2 children to death. Franklin County has seen 2 death-penalty indictments in 2017 and 2 this year, and a 3rd one is possible in the case of Quentin L. Smith, who is charged in the fatal shooting of 2 Westerville police officers. Normally, Franklin County sees about one death-penalty indictment a year. Jury selection in a death-penalty case began last week for Brian Golsby, a violent offender accused of kidnapping, raping and killing Ohio State University student Reagan Tokes last year. "I think Columbus has become a more violent place ... with extremely violent crimes that seem to cry out for that to be an appropriate sentence," Franklin County Prosecutor Ron O'Brien said when asked about the increased number of death-penalty indictments. O'Brien changed the way death-penalty cases are evaluated in 2005 after working on a federal death-penalty case. That also was the year that state law changed to allow a life sentence without chance of parole. Now, prosecutors assess the defendant as much as possible. A good defense attorney can use mitigating factors such as mental health to sometimes sway jurors to a lesser sentence. "It's hard to gauge," O'Brien said. "We try to make a determination by putting ourselves in the seats of the jurors. Would we have a reasonable likelihood of making that judgment?" Jurors, for example, didn't feel that Lincoln Rutledge should die for killing Columbus Police Officer Steven Smith in 2016. Rutledge's defense was built on his mental state leading up to the shooting during a SWAT call. "I think that's what won the day with jurors for a life sentence in his case," O'Brien said. Historically, some counties - notably Hamilton County, home to Cincinnati - have had high rates of death-penalty indictments and sentences. Hamilton County is the source of the most inmates on Ohio's death row, with 24. Cuyahoga County has 21. Franklin County has 10. Ohio has 137 inmates awaiting execution. "There is no evidence that murders are worse in Cincinnati than they are in Columbus or Cleveland. What's different are the views of the prosecutors," said Robert Dunham, executive director of the Death Penalty Information Center, a nonprofit group based in Washington, D.C., that researches the death penalty. Counties in which there are high conviction rates for the death penalty often have prosecutors who say their decision is based solely on the facts of the case, Dunham said. That's true for Hamilton County Prosecutor Joe Deters. "Either (the case) fits the law, or it doesn't. I know there (are) prosecutors who don't like it," Deters said of the death penalty. "There (are) judges who don't like it. Frankly, I don't care either way. If you want to get rid of it, get rid of it. In Ohio, we have a death-penalty statute." Dunham noted, however, that state laws don't require prosecutors to seek the death penalty. They have discretion. "It is unquestionably related to local politics," Dunham said. "What we have seen historically" is that, "as a prosecutor becomes entrenched, challenges to him or her tend to be more difficult." O'Brien said his office asks the victim's family members what they would like to see as a sentence. Prosecutors ultimately make the call, though. "We just try and do the best we can ... with what we believe is the appropriate charge and the appropriate punishment, and factor in whether we believe a jury will impose a death sentence with the facts as we best know them," O'Brien said. In cities such as Houston, Birmingham, Alabama, and Jacksonville and Tampa, Florida, where prosecutors used the death penalty often, they were challenged and defeated at the polls, Dunham said. Over the years, many people have softened their views about the use of the death penalty. It raises the question about whether a murder committed in 1 county would result in a different legal outcome if it had been committed in another county where the prosecutor holds a different philosophy. "It may be the case that the prosecutorial practices in Hamilton County reflect the views of Hamilton County," Dunham said. "That doesn't make the outcomes any less arbitrary." Deters said that in Cincinnati, there are "some very bad crimes, very bad violence, hideous criminals down here," that require the death penalty if there aren't legal issues of proof
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March 2 OHIO: Jury pool narrowed to 51 for death-penalty trial The pool of potential jurors for the Brian L. Golsby trial stands at 51 after prosecution and defense attorneys spent 3 1/2 days eliminating those who were considered too influenced by pretrial publicity or too inflexible in their views on the death penalty. The group will return to Franklin County Common Pleas Court Monday morning as the attorneys work to seat 12 jurors and as many as 6 alternates to hear the case. Golsby is accused of the February 2017 kidnapping, rape and murder of Ohio State University student Reagan Tokes. Golsby, 30, is accused of kidnapping Tokes, 21, at gunpoint as she walked to her car after her shift at a Short North restaurant. Her body was found the following afternoon near the entrance to Scioto Grove Metro Park in Grove City. She had been raped and shot twice in the head, investigators said, after being forced to withdraw $60 from an ATM. Judge Mark Serrott said he expects the final phase of jury selection to wrap up by Monday afternoon, when opening statements would be presented. The court began with 167 potential jurors last Monday, Feb. 26, and a goal of finding at least 50 who were qualified to hear the case. Of the 84 people interviewed, 10 were eliminated because of their views on the death penalty. 8 were too strongly anti-death penalty and 2 were too strongly pro-death penalty. To qualify to hear a death-penalty case, jurors must be able to follow state law in determining whether death is the appropriate sentence if a defendant is convicted of a capital crime. Another 8 people were eliminated because their knowledge of the case, particularly through pretrial publicity, would make it difficult for them to be objective. 15 were excused for other reasons, such as scheduling conflicts or a language barrier. (source: Columbus Dispatch) TENNESSEE: Dickson-connected death row inmate's fate remains unclear The 35-year winding saga of Edmund Zagorski's time on Tennessee's death row for the convicted murder of 2 Dickson County men appeared to be nearing its end. A recent lawsuit, however, may have again delayed the execution. First, the state Supreme Court opinion a year ago had seemingly cleared the way for lethal injections the state attorney general said were backlogged after legal challenges for using the drugs. The court's summarized message for death row inmates: A completely pain-free and quick death is not guaranteed. "The intended result of an execution is to render the inmate dead," wrote Chief Justice Jeffrey Bivins in the opinion. Next, on Feb. 15, Tennessee Attorney General Herbert Slatery wrote in a court document that the state should move forward with 8 sentences before June 1, when the availability of lethal injection drugs would become "uncertain." One of those death sentences is for Zagorski. "Years of delay between sentencing and execution undermines confidence in our criminal justice system," wrote Slatery, adding that the state, through the Department of Correction, is "required by law to carry out executions by lethal injection." However delaying past June 1 would make the executions "uncertain due to the ongoing difficulty in obtaining the necessary lethal injection chemicals," he wrote. 5 days later, a lawsuit filed by lawyers representing 33 death row inmates argues that Tennessee cannot execute death row inmates using the controversial 3-drug mix because doing so would violate constitutional bans on cruel and unusual punishment. The lawsuit filing could delay executions, including Zagorski's execution. Murders, legal system Zagorski was convicted of shooting John Dotson of Hickman County and Jimmy Porter of Dickson and then slitting their throats, after robbing them in April of 1983. The victims, who at the time owned the former Eastside Tavern in Dickson, had planned to buy marijuana from Zagorski. Their bodies were found in Robertson County, which where Zagorski was tried. Lethal injection is the primary means of carrying out the death penalty in Tennessee, although the electric chair is also legal. The state had used pentobarbital, a barbituate, but manufacturers have largely stopped selling the drug to anyone using it for executions. In January, the Tennessee Department of Correction adopted a new protocol for lethal injections, relying on a 3-drug mixture intended to put an offender to sleep before stopping the lungs and heart. Tennessee corrections officials knew this could be a problem, according to documents obtained by the USA TODAY NETWORK-Tennessee that are also cited in the lawsuit. In September, a supplier noted potential problems with midazolam in an email to Tennessee prison officials.M "Here is my concern with midazolam...it does not elicit strong analgesic effects. The subjects may be able to feel pain from the administration of the second and third drugs.
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Feb. 21 OHIO: Man pleads not guilty to raping, killing Warren native in ColumbusAnthony Pardon, accused of murdering Rachael Anderson, entered a not guilty plea for all nine of the charges The registered sex offender accused of raping, torturing and murdering an aspiring funeral director was formally arraigned in Franklin County Common Pleas Court on Tuesday. Anthony Pardon stood quietly before a judge as prosecutors detailed the 9-count indictment against him. It includes charges of aggravated murder, aggravated burglary, aggravated robbery and kidnapping, with specifications that could lead to Pardon receiving a death sentence. He entered a not guilty plea on all of the charges. According to police, Pardon killed Rachael Anderson in her east Columbus apartment and left her body in a closet. Her remains were discovered Jan. 29, when co-workers said she did not show up for work. Investigators said Pardon was linked to the crime by DNA evidence. Court documents indicate Anderson???s cause of death was asphyxiation or suffocation. Franklin County Prosecutor Ron O???Brien said Pardon and Anderson were strangers, and the suspect laid in wait for the young woman, inside her home. "We believe he was in the apartment belonging to the victim when she arrived home and then attacked her when she entered her own apartment," he explained. According to court documents, Pardon previously served 24 years in prison for an aggravated robbery, rape and attempted murder conviction from 1982. Given Pardon's past, Anderson's close friend said this murder never should have happened. "He shouldn't have been let out of jail in the first place," said Tina Kennedy. "He should have never had the chance to do this again." At the time of her death, Anderson was an aspiring funeral director nearing the end of her apprenticeship with Shaw-Davis Funeral Homes. Colleagues said she was about to become the business' 1st funeral director, not from the Shaw family. Her body was discovered one day after her 24th birthday. (source: WKBN news) ** Craigslist killer Richard Beasley's attorneys ask Ohio high court to reconsider decision denying appeal Attorneys for convicted Craigslist killer Richard Beasley are asking the Ohio Supreme Court to reconsider its decision to deny Beasley's appeal of his death-penalty conviction. Among the issues the attorneys raise is whether Justice R. Patrick DeWine should have recused himself from the case when the office of his father, Ohio Attorney General Mike DeWine, represented the prosecution in arguments before the state's high court. Attorneys Donald Gallick and Don Hicks are asking the Ohio Supreme Court to appoint a visiting justice without ties to Mike DeWine's office to reconsider the Beasley appeal. The Ohio Supreme Court upheld the death sentence Feb. 9 for Beasley, who was convicted of posting bogus job offers on Craigslist to rob and murder 3 men in 2011. Gallick and Hicks argued that Beasley deserved a new trial because of errors made in his original trial in Summit County Common Pleas Court. Beasley, 58, and his teenage accomplice, Brogan Rafferty of Stow, were convicted in 2013 of murdering 3 men and trying to kill another. The murders made national news because Beasley posted ads on Craigslist to lure the men to a remote spot in southern Ohio. Beasley and Rafferty were captured after a gun malfunctioned and one of the men escaped and hid in the woods after being shot in the elbow. Beasley was sentenced to death, while Rafferty was sentenced to life in prison with no chance of parole. Other issues Gallick and Hicks raised in the reconsideration request include whether an impending U.S. Supreme Court decision could impact the use of cellphone records in the Beasley case and if an upcoming Ohio Supreme Court ruling could have a bearing on court costs in the Beasley case. The Summit County Prosecutor's Office declined Tuesday to comment on the request for reconsideration. Beasley's attorneys have said they also plan to appeal to the U.S. Supreme Court. (source: ohio.com) *** An Ohio juror voted to put murderer to death. Decades later, he wants to halt his execution. On a fall day in 1997, Raymond Tibbetts's wife threatened to kick him out of their Cincinnati home. In a drug-addled fury, he beat her to death with a baseball bat and stabbed her 21 times with kitchen knives. He then stormed into the living room and killed the couple's ailing landlord, stabbing him a dozen times in the chest and back before fleeing in the man's car. Authorities caught up with Tibbetts in a matter of days. He was charged and swiftly convicted in the murder of Judith Crawford, 42, and Fred Hicks, 67, who had recently hired Crawford as a live-in caretaker and allowed the couple to stay with him. When it came time to decide Tibbetts's punishment, a jury recommended
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Feb. 16 OHIO: Death penalty indictment filed for suspect in kidnapping, rape, and murder of Rachael Anderson The Franklin County Prosecutor says a death penalty indictment has been filed against 53-year-old Anthony Pardon, who is suspected of raping and killing 24-year-old Rachael Anderson. Pardon, a registered sex offender, faces charges including aggravated murder, aggravated robbery, aggravated burglary, kidnapping, and rape. The indictment also includes a combination of several specifications, according to the prosecutor's office: Felony murder (death penalty specifications), repeat attempted murder, sexually violent predator, and repeat violent offender specifications. The repeat violent offender specifications in the indictment are based on a prior aggravated robbery, rape and attempted murder conviction from 1982, according to the prosecutor's office. Anderson, an aspiring funeral director, was found dead in the closet of her apartment the day after her 24th birthday. She was nearing the end of her apprenticeship at the Shaw-Davis Funeral Homes at the time of her death. She was also on the verge of becoming the business' 1st funeral director not from the Shaw family. (source: WCMH news) INDIANA: Court rules against death row inmate Roy Lee Ward The Indiana Supreme Court issued an opinion Tuesday upholding a lower court's dismissal of a complaint filed by death row inmate Roy Lee Ward. Ward had challenged procedures followed by the Indiana Department of Correction when they announced a change to the lethal injection protocol. Ward, who was from the Perry County town of Leopold, was 29 when he raped and murdered 15-year-old Stacy Payne at her Dale-area home. In May 2014, the Department of Correction announced it would alter the 3-drug combination used for executions, replacing sodium thiopental with Brevital - a barbituate anesthetic in the same class. On Dec. 22, 2015, Roy Lee Ward filed a complaint in the LaPorte Circuit Court against the Department of Correction alleging that the change to the lethal injection protocol violated his rights under the Indiana Administrative Rules and Procedures Act, among other rights. The trial court in LaPorte County granted the state's request to dismiss the complaint, a decision that was later reversed by the Indiana Court of Appeals before winding up in the Indiana Supreme Court. In a unanimous decision written by Justice Christopher Goff, the Court held that the Department of Correction's lethal injection procedures do not constitute rules and are exempt from the rule-making restrictions of the ARPA. Since the Department's lethal injection protocol does not require Ward to alter his conduct in any way, it does not have the effect of law, the court wrote. Ward, 45, remains on death row at the Indiana State Prison in Michigan City where he has been since 2007. He was first convicted and sentenced to death in 2002, but the Indiana Supreme Court reversed the conviction in 2004 because of pretrial publicity. Ward was retried, convicted and again sentenced to death in 2007. His convictions and sentence have thus far been affirmed on appeal in courts. Spencer County Prosecuting Attorney Dan Wilkinson said he was pleased with the latest ruling. "There is bitter irony in Roy Ward arguing against the method to be used in his execution," Wilkinson said. "Having been involved in the 1st trial and serving as co-counsel in the re-trial, I will never be able to forget the horrific images of what he did to Stacy Payne nor the innocent life he so coldly and brutally took away from her in July 2001. "During the 2nd trial, Ward's own psychological expert testified that he was a psychopath incapable of feeling empathy or remorse. I am pleased that this particular hurdle to imposition of Ward's sentence has now been removed." Having exhausted all of the normal appeals, Wilkinson said, it is his understanding is that the Department of Correction will proceed developing their new lethal injection protocol at which time the Indiana Supreme Court will set Ward's execution date. "If there is only 1 case or 1 defendant where the death penalty is called for," Wilkinson said, "this is that case." (source: duboiscountyherald.com) TENNESSEE: Attorney general: Tennessee should set 8 executions before June 1, when drug availability becomes 'uncertain' The Tennessee attorney general wants the state Supreme Court to schedule 8 death sentences before June 1, when the availability of lethal injection drugs would become "uncertain." The proposed ramp up in Tennessee executions signals a potentially massive shift for a state that hasn't put someone to death since 2009. "Years of delay between sentencing and execution undermines confidence in our criminal justice system," Tennessee Attorney General Herbert Slatery wrote in a court document filed Thursday. "Because there is
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Feb. 15 OHIO: Ohio Supreme Court won't reopen Anthony Sowell appeal The Ohio Supreme Court on Wednesday denied a request by condemned Cleveland serial killer Anthony Sowell to reopen his appeal of his 2011 conviction and death sentence. The move is the latest procedural step as Sowell moves closer to being executed for killing 11 women and hiding their bodies in his home on Cleveland's East Side. The bodies were discovered in 2009. Sowell is currently on death row at the Chillicothe Correctional Institution. His execution date has not been set. Wednesday's decision by the state's high court came after Sowell's lawyers in May filed an application asking the court to take a second look at the direct appeal of his conviction. The application argued that Sowell's lawyers were ineffective during his 1st appeal, which was denied. Sowell's lawyers, who are in the State public defender's office, did not raise the issue of a 2012 United States Supreme Court ruling that found Florida's process for imposing the death penalty -- in which a jury makes a recommendation to a judge, who has the final say -- is unconstitutional, the application said. "Frankly, we blew it," the lawyers told the court during oral argument. But Cuyahoga County Prosecutor Michael O'Malley's office said that the Florida ruling does not apply to Ohio's process, which is similar to Florida's but has one major difference. In Ohio, judges can either accept the jury's recommendation or drop a death recommendation to life in prison. Judges here cannot impose death if a jury recommends life in prison. The Supreme Court tossed Florida's process because a judge imposed death when a jury recommended life. Sowell's application also asked the court to reconsider its December 2016 decision that, although Common Pleas Court Judge Dick Ambrose did not properly document his findings to justify closing to the public a hearing on whether certain evidence should be allowed to be submitted at trial, that error did not warrant a new trial. Ohio's Supreme Court justices rejected that argument. (source: cleveland.com) * Yes, we used to hang people on Fifth Street: A brief history of Cincinnati executions Cincinnati's 1st hangman went to work on a patch of land that's known today as Government Square. This was a frontier town then, with enough trouble to keep the gallows busy. Drunken soldiers. Carousing young men. Shawnee raiders. No one was too good for the rope. A straight line runs from those hangings of the 18th Century to the electric chair of the 20th Century to the table where the condemned today are injected with enough poison to stop a human heart. Hamilton County's long, complicated history with capital punishment is filled with stories. Here are 5 of them. 'Shoot him and bring his head' The 1st known executions in the territory that would become Hamilton County took place a few years before the gallows went up. 2 Army deserters, Mathew Ratmore and John Ayres, were captured in 1789 and brought back to Fort Washington, where a small garrison watched over the frontier. Desertion was a serious offense and the punishment was swift. According to the "Centennial History of Cincinnati," the men were shot where they stood in the southeast corner of the fort. The fort's commander, John Wilkinson, later declared shooting might not be punishment enough. "It will be well for the scout to shoot him and bring his head to you," he wrote of deserters. A hanging draws a crowd Lawlessness outside the fort was a problem, too. The solution was to build the gallows on Fifth Street, at present-day Government Square. The 1st to hang there - and the 1st civilian executed in Hamilton County - was a man named Mays. His 1st name was either John or James, according to the "Centennial History," but all that mattered to Sheriff John Ludlow was his crime. Witness accounts say Mays had been "drinking and carousing" with an old friend named Sullivan, when they got into a fight. Sullivan got the best of Mays, who vowed to kill him the next time he saw him. Sometime later, the 2 men bumped into each other at a friend's log cabin and Sullivan extended his hand, hoping to let bygones be bygones. Mays plunged his hunting knife into Sullivan's heart. A crowd gathered to see Mays hang, with some traveling as far as 50 miles. Electricity provides 'perfect' execution The electric chair replaced the noose in Ohio in 1897, and the 1st to die were from Hamilton County. William Haas assaulted and killed a woman whose husband he'd befriended. William Wiley shot and killed his wife in a jealous rage. Because the chair had broken down on the day Haas originally was supposed to die, both men were scheduled for execution the same day. Some said the men flipped a coin to determine the order. Haas lost, apparently, because he went 1st. Minutes later, Wiley got the same
[Deathpenalty] death penalty news----OHIO, ARK., S.DAK., CALIF., USA
Feb. 9 OHIOstay of impending execution Clemency appropriately applied by the governor Ross Geiger took the extraordinary step of writing to the governor last week. On Thursday, John Kasich responded in a considered and appropriate way. The governor issued a temporary reprieve for Raymond Tibbetts, who was scheduled for execution by lethal injection next Tuesday. Now the Ohio Parole Board will revisit the Tibbetts case. In his 4-page letter, Geiger offered a unique viewpoint. He served on the jury that convicted Tibbetts for 2 killings and sentenced him to death 2 decades ago. Geiger explained to the governor that the jurors had no doubt about Tibbetts' guilt. He and another juror did have concerns about a death sentence, yet they eventually joined their colleagues in the required unanimity. What spurred him to write was his look at the documentation accompanying the most recent clemency hearing. Geiger told the governor that he learned things for the 1st time, so much that he concluded: "Based on what I know today I would not have recommended the death penalty. ..." A trial involving the death penalty has 2 phases, the first deciding whether the defendant is guilty, and the 2nd, if needed, to weigh whether a death sentence fits according to the law. A defendant has the opportunity to present mitigating evidence. What Geiger discovered is how little of the available mitigating evidence reached the jury. Tibbetts didn't just have a tough childhood. It was filled with trauma almost from the start, including repeated abandonment, abuse that continued in foster homes, drug and alcohol addiction. Yet his trial attorneys brought just 1 witness, a psychiatrist, before jurors to discuss these circumstances. Geiger told the governor he was shocked to learn that Tibbetts' sister was available to testify, but she wasn't called to the witness stand. That left 2 impressions: No one cared enough about Tibbetts to prevent his execution and that prosecutors must be right, the Tibbetts siblings, in contrast, leading normal lives. Now Geiger knows differently, the siblings with their own troubled lives. The point Geiger makes about these and other failings in the trial process isn't to excuse somehow the awful crime committed by Tibbetts. Rather, his concern goes to whether Ohio should execute Tibbetts. He reasonably asks the governor: "... if we are going to have a legal process that can send criminals to death that includes a special phase for mitigation shouldn't we get it right?" One of the virtues of giving the governor the power of clemency is that it provides a backstop for justice, in particular, when information emerges after a conviction and avenues to the courthouse essentially are closed. The governor ends up as the one authority in position to assess all that is known. In this instance, John Kasich has exercised that power just as it should be done. Now the parole board must do its part, giving the Ross Geiger letter the weight it deserves, Ray Tibbetts spared execution for life without parole. (source: Beacon Journal/Ohio.com editorial boardohio.com) ** Ohio Delays Execution After Ex-Juror Seeks Reprieve for Death Row Inmate Ohio Governor John Kasich on Thursday postponed next week's scheduled execution of a convicted double murderer in light of a letter from a juror in the man's trial asking that he not be put to death because the jury was not given information pertinent to his sentencing about his troubled childhood. Kasich, a Republican, issued a temporary reprieve to Raymond Tibbetts, moving the execution date from Feb. 13 to Oct. 17 and asking the state's Parole Board to hold a hearing in the meantime to consider the letter's contents, the governor's office said in a statement. In the letter sent to the governor on Jan. 30, former juror Ross Geiger said there was no question Tibbetts committed the murders but that factors about the defendant's upbringing were omitted or distorted by prosecutors in the trial's sentencing phase. Tibbetts was convicted of fatally beating and stabbing his wife, Judith Crawford, and fatally stabbing Fred Hicks, a man for whom she provided care. Geiger said the defense presented only one witness in the sentencing phase, a psychiatrist who testified Tibbetts had a tough upbringing related to inattentive parents and poor foster care. Prosecutors then told jurors many people with tough childhoods turn out fine, including Tibbetts' four siblings, and that placing the convicted murderer in foster care as a child was the best thing for him, the letter said. Geiger said several years later he read a publicly available clemency report from 2017 that showed a history of abandonment for Tibbetts starting at age 2 and that of the 4 siblings, 1 committed suicide, another spent time in prison and another is essentially homeless. He faulted the defense team for not
[Deathpenalty] death penalty news----OHIO
Feb. 8 OHIOstay of impending execution Gov. Kasich Grants Reprieve, Delays Execution of Raymond Tibbetts Governor John Kasich today granted a reprieve in the scheduled execution of Raymond Tibbetts, who was set to die next Tuesday, Feb. 13. His execution has been rescheduled for Oct. 17, 2018. One of the original jurors in the case recently wrote a letter to Kasich asking him to commute Tibbetts' death sentence to life in prison without parole. The juror, Ross Geiger, argued that, given what he knows now about possible malpractice by Tibbetts' trial attorneys, the man's difficult upbringing and an opioid addiction developed as an adult, he wouldn't have voted to send Tibbetts to the death chamber. The delay announced today will allow the Ohio Parole Board to hear new evidence on Tibbetts' clemency request. The board had originally recommended to deny it. In a statement, Tibbetts' attorney Erin Barnhart said: "Governor Kasich acted in the interests of fairness and justice by recognizing new information provided by a juror from Mr. Tibbetts’ trial merits careful additional consideration. Because a juror from the original trial recently revealed flaws in the proceedings, there is now incontrovertible proof that Mr. Tibbetts never would have ended up on death row had the system functioned properly. This juror—whose single vote for life would have made Mr. Tibbetts ineligible for the death penalty under Ohio law—was shocked when he saw evidence that Mr. Tibbetts’ abuse and abandonment continued throughout his childhood, even once the State placed him in foster care. The juror also learned that this horrible environment had devastating consequences for all of the Tibbetts children. Even more, Tibbetts’ severe addiction problems were not fully addressed, particularly in regard to the dangers of prescribing opioids to people with a history of addiction. Mr. Tibbetts’ attorneys failed to present this evidence at trial and the prosecutor misstated the facts. Juror Geiger's view of the case provides compelling reasons for the exercise of the Governor’s reprieve power to allow the Ohio Parole Board to convene a hearing to consider this new information. We are confident that after doing so, the Board and the Governor will agree that clemency is appropriate to correct the failures in the legal process in this case. Governor Kasich has done our State a great service today by ensuring that careful consideration is given to this new information.” (source: clevelandscene.com) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----OHIO, MO., OKLA., UTAH, USA
Feb. 8 OHIO: He's Watched 21 Men Die - A Former Journalist on 18 Years of Covering Executions in Ohio It's a role he had to fight for and one, quite frankly, he would rather not have had. But, as Johnson says, it's fundamental and essential for the media to bear witness to these deaths, and through them, the public. Those experiences over almost 2 decades have left Johnson with a unique perspective on capital punishment - the mechanics of state-sanctioned homicide; the logistics of lethal injection and its recent issues of supply and secrecy; the range of emotions and reactions from families and victims; the problems when an execution goes awry; the almost dry, rote details one notices when it is, for lack of a better word, successful. Johnson wrote about all that and more in a first-person piece for Columbus Monthly in August 2016. That article ends with the troubling death of Dennis McGuire on Jan. 16, 2014. A 3-year moratorium on executions in Ohio would follow. They have, of course, resumed, most recently with the aborted attempt to kill Alva Campbell after officials couldn't locate a suitable vein for the process. (His execution has been rescheduled 2 years from now; his lawyers have recently argued their client should be allowed death by firing squad instead of being subjected once again to a failed lethal injection.) Up next is Raymond Tibbetts, whose date in the Death Chamber is next Tuesday, Feb. 13. (An original juror in that case recently wrote a letter to John Kasich asking the governor to commute the sentence to life without parole for a variety of reasons, but we digress.) Given all that has happened in the past three years, we asked Johnson to update his piece. He's done so, for this week's cover story, with the same keen eye that produced the original. You can read the full tale in print this week. As for reading it online, that's a slightly different story. Part of the peculiar republishing agreement with Columbus Monthly for this story was a requirement that we not upload the full version online. That's too bad, but as Frank Jackson says, it is what it is. You have 3 options here. First: You can pick up a physical copy of this week's Scene and enjoy it there. Second: You can check our our e-edition at this link and read the full thing in one place in PDF form. Third: You can head over to Columbus Monthly's site and read the original piece, stopping at the section headed "The Last Execution," and then come back here for the updated ended, which you can find below. Not ideal, we know, but the story was worth sharing with a larger audience and it's simply the conditions laid out by the original publisher. *** The Last Execution, For Awhile The most troubling execution I witnessed in 18 years was when a gasping, struggling Dennis McGuire was put to death on Jan. 16, 2014. McGuire did not go easily. Things appeared to be going as planned until about five minutes after the chemical cocktail began flowing into his veins. The state was using a two-drug combination that had never previously been tried in the U.S. Suddenly, McGuire began to gasp, cough and choke. A minute later, he gasped so deeply that his stomach heaved up and down. It continued for nearly 15 minutes. McGuire clenched his fists repeatedly and several times appeared to try to rise up off the table, only to be prevented by the restraints on his chest, arms and legs. His grown son and daughter looked on in horror, sobbing uncontrollably. The family members of Joy Stewart, the pregnant, 22-year-old victim, watched in stunned silence. "Is this what's supposed to happen?" one whispered. My own anxiety grew by the minute, as McGuire tried in vain to stay alive. I found myself wondering if it was too late for prison officials to call it off, to end the death drama playing out on the other side of the glass. There was no way to unring the bell. "Please die. Just die," I remember thinking, thoughts that still haunt me. At 10:52 a.m., about 23 minutes after the deadly chemicals began flowing, the curtain was pulled. Unseen, a physician listened for a heartbeat and found none. In the weeks and months that followed, controversy swirled about what had happened and why. The state said that an execution took place, as planned. Capital punishment opponents called it torture. The state quickly abandoned the 2-drug combination, but that triggered a search for new killing drugs. They were difficult to obtain because of the reluctance of drug manufacturers to sell drugs for use in executions. The General Assembly scrambled to pass a law allowing the state to make anonymous purchases from small "compounding pharmacies" that mix drugs to customer specifications. No Ohio pharmacies were interested in the state's business. Gov. John Kasich was forced to push back all scheduled executions. An Untested Combination The state, without disclosing the source,
[Deathpenalty] death penalty news----OHIO, KY., IOWA, S. DAK., UTAH
Jan. 30 OHIOimpending execution Lawyers say condemned killer early victim of opioid epidemicLawyers said Raymond Tibbetts deserves mercy because of "his addiction and unanswered requests for help" Ohio Gov. John Kasich should consider his fight against the state's deadly opioid epidemic when deciding whether to spare a condemned killer whose life spiraled out of control after becoming addicted to painkillers, say attorneys trying to stop the killer's execution less than 3 weeks from now. Death row inmate Raymond Tibbetts was doing fine until he was inappropriately prescribed painkillers for a work injury in the mid-1990s, according to documents provided Kasich by federal public defender Erin Barnhart. "We know now just how devastating and deadly opioid addiction can be, and our government officials are rightly working to combat this epidemic on several fronts," Barnhart wrote Kasich last year. Tibbetts deserves mercy because of "his addiction and unanswered requests for help with his struggle," Barnhart wrote. The Ohio Parole Board voted 11-1 last year against clemency for Tibbetts. Kasich, who has the final say, is expected to announce his decision soon. Drug overdoses killed a record 4,050 Ohioans in 2016. Kasich has pushed several initiatives to slow painkiller prescribing by doctors. Tibbetts, 60, was sentenced to die for stabbing Fred Hicks to death at Hicks' Cincinnati home in 1997. Tibbetts also received life imprisonment for fatally beating and stabbing his wife, 42-year-old Judith Crawford, during an argument that same day over Tibbetts' crack cocaine habit. The 67-year-old Hicks had hired Crawford as a caretaker and allowed the couple to stay with him. Tibbetts is not deserving of clemency in part because Hicks' killing was "particularly senseless and gratuitous," the parole board said in its decision last year. 1 board member believed that life without parole was warranted because Tibbetts' circumstances from the day he was born presented a "recipe for a disaster," according to the report. The board member also noted that Tibbetts' requests for help with mental health and substance abuse issues were routinely met with inadequate responses from social service agencies and other professionals. Tibbetts' lawyers have long argued his traumatic and chaotic childhood played a role in his criminal behavior. In the new arguments presented to the governor, psychologists who examined Tibbetts say the opioid prescriptions he received in the 1990s furthered his problems. "Tibbetts' is a sad case of someone who was strongly biologically predisposed to drug and alcohol problems," Bob Stinson, a Columbus psychologist and chemical dependency counselor, told Kasich in an Aug. 13 letter. "His significant trauma history almost guaranteed problems would materialize in his own life." Hamilton County prosecutors have argued that Tibbetts' background doesn't outweigh his crimes. That included stabbing Crawford after he'd already beaten her to death, then repeatedly stabbing Hicks, a "sick, defenseless, hearing-impaired man in whose home Tibbetts lived," they told the parole board. "In nearly every case this board reviews, inmates assert that their poor childhoods, drugs, or some other reason mitigate their actions," Ron Springman, an assistant Hamilton County prosecutor, told the board in a 2017 filing. "The mitigation in this case does not overcome the brutality of these murders." (source: Associated Press) KENTUCKY: Judge slams prosecutor for vindictiveness in Kentucky murder case once linked to satanism When a judge threw out the murder convictions of Keith Hardin and Jeffrey Clark, in 2016, holding that prosecutors had wrongly tied the crime to satanic worship, the commonwealth could have dismissed the case. Virtually all evidence linking Hardin and Clark to the murder of Rhonda Sue Warford had been discredited, Judge Bruce Butler said, and the pair already had served more than 21 years behind bars. But Assistant Attorney General Perry Ryan not only had a grand jury re-indict the pair for murder, he also had them charged with perjury and kidnapping - putting them at risk of the death penalty. It almost seemed as if Ryan was trying to punish them for proving their innocence. Now Butler has found that is exactly what Ryan did. In a 14-page ruling this month dismissing perjury and kidnapping charges, Butler said the attorney general's office acted out of vindictiveness. Personally rebuking Ryan by name, the court found that he sought to punish the defendants for exercising their constitutional rights in violation of the state and federal constitutions. "Vindictive conduct by persons with the awesome powers of prosecutors is unacceptable," Butler wrote. Linda Smith, supervising attorney for the Kentucky Innocence Project, which represents Clark, said she expects the attorney general's
[Deathpenalty] death penalty news----OHIO, TENN., ARK., MINN., OKLA.
Jan. 26 OHIO: Prosecutors to ask for death penalty against adult murder suspects The Licking County Prosecutor's Office will be pursuing the death penalty for the 1st time in more than a decade against 2 men charged with the aggravated murder of another Newark man. Licking County Prosecutor Bill Hayes said prosecutors will likely present the case to a grand jury next week for indictment. If the grand jury approves the death penalty specifications, the cases against 21-year-old Dustin Lehoe and 20-year-old Tyler Ocasio would be the 1st capital indictments in Licking County since 2007. Licking County last sentenced someone to death row in 2005, when Roland Davis was convicted of the aggravated murder of 86-year-old Elizabeth Sheeler. Iradell Crumpton was indicted on a death penalty specification in 2007, but he was later sentenced to 45 years to life in prison. Hayes said the cases against Lehoe and Ocasio would qualify under Ohio law for the death penalty. "These are a couple of bad actors," he said. The pair are accused, along with 15-year-old Jaden Osborn and 16-year-old Dylan Warren, of going to 70 Cherry Street around 2:45 a.m. Saturday and kicking open a door. Court records show Lehoe and Ocasio are suspected of going into a basement of the home where 48-year-old David Barcus was staying and attempting to rob him, fatally shooting him in the process. Under Ohio law, if a homicide occurs while another felony is being committed, such as an armed robbery, the death penalty can be imposed. Osborn and Warren would not be eligible for the death penalty because they are juveniles. Prosecutors are seeking to try the 2 as adults and a probable cause hearing to determine if the cases could be moved to Common Pleas Court will be held in March. Osborn and Warren are both being held at the Multi-County Juvenile Detention Facility in Lancaster, pending future hearings. Ocasio and Lehoe are being held in the Licking County Justice Center in lieu of $1 million bond each. Their cases are expected to be presented to the grand jury next week. (source: newarkadvocate.com) TENNESSEEfemale may face death penalty Sherra Wright Could Face Death Penalty If Convicted Of Murdering Lorenzen Wright The ex-wife of former Memphis Tiger and Grizzlies basketball star Lorenzen Wright could face the death penalty if convicted of her ex-husband's murder. Sherra Wright is accused of killing Lorenzen Wright in 2010 with suspected co-conspirator Billy Ray Turner. Authorities indicted and arrested Sherra Wright last month in Riverside County, California, and after she waived extradition, authorities brought her to Shelby County Saturday. The prosecutor leading this case said pursuing the death penalty for Sherra Wright is under consideration. This as she finalizes her legal team in the coming weeks. "I could have never fathomed that in a million years, I would have never thought she would have been a suspect," says Montae Nevels, a friend of Lorenzen Wright's. In an orange jumpsuit, Sherra Wright's presence Thursday seemed surreal to friends and family of the ex-husband she's accused of killing. "It is a shock to everybody in the community, it's a shock to the family," says Nevels. "Sherra is a suspect, we are not saying Sherra is guilty, that's the court's decision, but we are just here wanting justice for the family." Wright is accused of plotting and attempting to kill Lorenzen beginning in April 2010, and then having a role in his actual murder in July 2010 in Shelby County. "Of course, people fuss and fight, but I never thought it would have gotten to this particular point," says Nevels. For prosecutors, Wright's appearance Thursday begins a new chapter, weeks after the more 7-year cold case of Lorenzen's murder ended with her arrest. "This is the case that's obviously been in the media and been in the forefront of a lot of people's minds," says Paul Hagerman with the Shelby County District Attorney's Office. And as for the death penalty? "It's still under consideration, I'll say that." For Wright's defense team, she's expected to be represented by 2 high-profile Memphis attorney families: Ballin and Farese. "There a number of legal hurdles that have to be met before a death penalty can be sought," says Blake Ballin. "Anytime you have a case where the victim is a well-known celebrity or a well-known person in the community, you know, the main thing, main challenge is making sure the truth is out there," says Steve Farese, Jr. "She's concerned about her children, most of her concern is about the children," says Ballin. "She's doing as well as you could expect someone to be doing given the situation that she's been in," says Farese, Sr. "She's been accused of something she didn't do." Billy Ray Turner is also accused in the murder of Lorenzen Wright, and once attended the same church with Sherra Wright. He
[Deathpenalty] death penalty news----OHIO, ARK., OKLA., ARIZ.
Dec. 11 OHIO: Arson deaths case Stanley Ford, 58, of Akron, was indicted on 29 charges. 22 are aggravated murder counts for 9 fire victims, with Ford charged under different parts of the law. He faces the death penalty. Investigators say Ford set 3 fires in his neighborhood, with 2 people killed in 1 fire and seven perishing in the other, including 5 children. The 3rd was a car fire with no injuries. Joe Gorman and Don Malarcik, Ford's attorneys, have asked that Judge Christine Croce remove the death penalty specification against Ford - who is African-American - because of the role race played in the decision to seek capital punishment. The attorneys cite research that shows the race of defendants and victims and where crimes are committed in Ohio play a key role in deciding whether defendants face the death penalty. They also point to former Akron Police Chief James Nice's use of racial slurs, including the N-word, which was among the reasons the chief was forced to abruptly resign Aug. 27. Nice was the chief when Ford's case was investigated and was among those who spoke at a July 27 news conference to announce Ford's indictment. Croce has ordered the prosecutor's office to hand over emails on the Ford case in response to Ford's attorney's claims of racism. Ford will have a pretrial at 8:30 a.m. Friday in Croce's court. (source: AkronBeacon Journal) Man accused of abducting, killing Sierra Joughin to appear in court on Monday The man accused of kidnapping and killing University of Toledo Student Sierra Joughin is scheduled to appear in court for a pretrial hearing on Monday. James Worley, of Delta, is facing the death penalty for the abduction and death of 20-year-old Joughin in 2016. He is scheduled to appear in the Fulton County Court of Common Pleas in front of Judge Jeffrey Robinson. Earlier this year, Worley's trial was postponed until January, 2018. (source: WTOL news) ARKANSAS: Trial set for suspect accused of killing Arkansas man with ax handle; state seeks death penalty A Crawford County man is scheduled to go on trial Tuesday in a capital-murder case, and the state is seeking the death penalty. Randall Jordan, 36, is accused of beating Larry Eugene Jones, 59, with an ax handle as he slept in his bed in June 2016. Jones died shortly after in a Fort Smith hospital. The jury trial before Circuit Judge Mike Medlock is scheduled to last most of the week. Court records show Prosecuting Attorney Marc McCune has subpoenaed more than 25 witnesses to testify. Jordan has been held in custody in lieu of $500,000 bond since his arrest June 10, 2016. According to reports by Crawford County sheriff's deputies, Jordan had been living with Jones but Jones kicked him out of his house at 5305 Grand Juniper Road in rural Van Buren. Jordan still had a key to the home and used it to get inside early June 10, 2016. Reports said a guest, Melissa Qualls, who had been staying at Jones' house for 5 days, told deputies she was awakened about 5 a.m. to the whining of one of her dogs. Qualls said she also could hear someone gasping for air. When she looked into Jones' room, she said she saw the shadow of someone striking down with a large object. Jones made a loud, grunting noise with each strike, Qualls told deputies. Qualls gathered her dogs, ran next door and banged on the door of Jones' uncle, Walter Young, and told him someone was being hurt, according to reports. Young ran to the nearby home of Jones' son, Riley, and told him there was trouble and to get his gun. Riley Jones told deputies he fired his gun into the air as he ran to his father's house because he didn't know what was going on inside, according to reports. He confronted Jordan, who was still holding the ax handle, in the dark standing in the doorway to his father's bedroom. According to reports, Qualls told deputies that Riley Jones asked Jordan where his father was and Jordan replied that Larry Jones was fine and that he had run out the back door. Qualls told deputies that she could see Larry Jones' legs in the bedroom and called Jordan a liar. Riley Jones gave his gun to Young and told him to watch Jordan until deputies arrived, then picked up his father and drove him to Sparks Regional Medical Center in Fort Smith, according to the reports. An autopsy report from the Arkansas medical examiner's office concluded that Larry Jones died from head and brain injuries. Riley Jones later told deputies that his father kicked Jordan out of his house because Jordan wouldn't do anything around the house, wouldn't help pay bills or try to get a job, reports said. Another report said Larry Jones' daughter-in-law, Cara Jones, told deputies that Jordan was depressed. He had lost his mother and his job and his wife had divorced him. (source: arkansasonline.com) OKLAHOMA: Nolen set to appear in court for sentencing
[Deathpenalty] death penalty news----OHIO, IOWA, OKLA., CALIF., USA
Dec. 7 OHIO: Mitigation specialist to come in for death penalty case Steven Mages, the man accused of killing his girlfriend and unborn child in Goshen Twp., appeared in court on Nov. 29. Mages' defense scored something of a win from Clermont County Common Pleas Judge Victor Haddad, who ruled that the court would pay for a mitigation expert on behalf of the defense. On Aug. 30, Mages, who is 38, allegedly killed his 35-year-old girlfriend Natasha Marie Wilson. He faces 3 counts of aggravated murder, all of which include the death penalty specification. That fact, that it's a capital case, is something Gregory W. Meyers, 1 of the defense attorneys for Mages, used as a selling point at the hearing on Nov. 29: he's the one in the courtroom with capital case experience, not Assistant Prosecuting Attorney Scott O'Reilly and not even the judge himself. "I want to respectfully argue this because I understand as fate would have it, I've litigated by default and part by design an awful lot of capital trial cases and that???s not the case for other lawyers in the room," he said. Stephen Haynes, the director of the public defender's office in Clermont County since 2015, is also defending Mages. A mitigation expert acts as the criminal defense team's researcher and investigator. O'Reilly argued to Haddad that he saw no statutory precedent for the court paying for the defense's mitigation expert. Meyers saw it differently, however. To Meyers, it's fundamental in capital cases to get a mitigation expert whose skillset differs from a criminal investigator. State council has "most of the aces" right now, Meyers said, so their duty as the defense is "effective investigation preparation for litigation," which entails that expert. O'Reilly, holding up a large stack of papers up to the judge, called what the defense had provided a "large tome." "What it's lacking is any actual precedent. This is literally propaganda of what a mitigation expert is," O'Reilly said. A curricula vitae, otherwise known as a resume, has yet to be provided, O'Reilly added. O'Reilly said there's just no precedent for taxpayers or the state to fund the mitigation expert. "I don't know what that is," O'Reilly said. "They have yet to cite what kind of expertise this individual is going to have." In essence, O'Reilly sees the defense as asking for a "blank check" from the state. Haddad then turned to Meyers and asked him to define what a mitigation expert is. "This is transparently not a request for a blank check," Meyers said. A mitigation specialist, as Meyers calls it, said that role requires "soft tissue-type skills." "When we have a mitigation specialist whose training is designed to equip them with the human talent, skills and judgment necessary to uncover and unveil the depths of the background of our client in ways that criminal investigators do not," he said. "It has more to do with a social worker approach." It's about sitting in the room of a client's family and uncovering those skeletons in the closet, Meyers said, which isn't the skillset of a seasoned criminal investigator. "It's an entirely different orientation," Meyers said. Meyers added that it's "reasonably necessary" for the defense to be funded by the court in regards to a litigation investigation. "Likewise, this is a capital case. They've put Mr. Mages life on the line. We are entitled to a thorough investigation," he said. Meyers said this is particularly necessary for a client like his with a history of mental illness. The mitigation expert will be Paul Burke, who is listed under the trial services division of Ohio Public Defender's office. Burke has experience with death penalty cases, Meyers said. The court has also decided that Mages is indigent (meaning, he's poor), which plays into Haddad's decision to rule in the defense's favor in allowing the court to pay for this specialist. "I will agree with the state that I don't know exactly what Mr. Burke does because I've never done of these before and I know you haven't either [speaking to O'Reilly], but...I will assume, as an officer of the court, that if you say he has some history and experience and training in these types of cases, I'm going to take your word for it," Haddad said to Meyers. "Death is different." It's super due process, Haddad said. Burke will be paid at $35 an hour. For now, Haddad has approved a $3,500 ceiling for Burke's services. "I realize the state is concerned about the taxpayers, but I think anybody that knows me there's nobody tighter than me about doling out money for anybody," Haddad said. The next hearing is scheduled before Haddad on Dec. 21 at 1 p.m in Court Room 201. (source: Clermont Sun) IOWA: It's just plain wrong It just had to come up: Republicans want to revive the death penalty in Iowa during the next legislative session. It saddens us that Iowa would even
[Deathpenalty] death penalty news----OHIO, KY., NEB., NEV., CALIF.
Dec. 6 OHIO: Court docs: Golsby seeing $300 an hour psychologist while in jail The man charged in the rape, kidnapping and murder of Ohio State student Reagan Tokes has been seeing a clinical psychologist while in jail, according to court records uncovered by 10 Investigates. What's more - taxpayers will likely foot the bill. Brian Golsby has been declared indigent - meaning he can't afford his own attorney, according to court records. That means taxpayers are potentially going to pay for the $5,000 tab for the clinical psychological services of Dr. Howard Fradkin. According to the order posted online December 1, Judge Mark Serrott approved a defense request for $5000 to pay for the services of Fradkin to address "trauma related matters," but does not give specifics. According to Fradkin's LinkedIn Page, he has trained "over 2,000 professional colleagues on the topic of male survivors of sexual abuse" and "is available for consult with attorneys about criminal cases involving male survivors." An invoice provided to the court shows that Fradkin's rate is $300 an hour and that he has billed the court for 23.5 hours for a total of $7075. Serrott's order approved the sum of $5,000. The invoice states that he has met with Golsby's attorneys repeatedly and met with Brian Golsby personally 4 times in late October and early November. It is not clear what was discussed in those meetings. Golsby's defense attorney Kort Gatterdam did not respond to an email seeking comment. A voice message left with Fradkin's Columbus office was also not returned Tuesday. Prosecutor Ron O'Brien told 10 Investigates he had "no knowledge of that matter." O'Brien's signature is not included in the court records obtained by 10 Investigates. While it's not clear from the records what trauma Golsby may have endured, a Franklin County deputy hinted that there had been issues during Golsby's jail stay following his arrest in February for the murder of Reagan Tokes. During that November 13 hearing, O'Brien asked Sgt. David Reiner with the Franklin County Sheriff's Department: "Deputy is there anything that has happened during the defendant's confinement that would cause you to add to the normal "security" that you had described for Judge Serrott?" Sgt. David Reiner: "Since the defendant has been incarcerated in our jail, there have been a number of incidents that have been recorded if you like. ..." Judge Mark Serrott: Well, let's hold on a minute ..." The conversation then continued in the judge's chambers. The hearing resumed several minutes later and O'Brien rephrased his question. Reiner said that there were no past issues that would affect court security at Golsby's upcoming trial. In another defense motion filed Friday, Golsby's attorneys are continuing their efforts to get the death penalty wiped off the table. The defense team alleges that there is a racial disparity in Franklin County - accusing Prosecutor Ron O'Brien of being more prone to seek death penalty indictments against African-American suspects. O'Brien has opposed the motion, calling it "frivolous." He released this statement to 10 Investigates Tuesday: "The Golsby Memo on the death penalty continues to present the court with a patently frivolous position that tries to posture his case as some sort of class action attacking the Ohio death penalty. He does this by pointing to other cases that have nothing to do with his case and his crime. As the state's memo reflects Golsby is a sexually violent predator who is also a repeat violent offender who kidnapped, raped and executed the victim in this case shortly after he was released from prison and while he was on parole. Any Prosecutor with the death penalty at his/her disposal would seek that punishment. He is trying to divert attention from his horrific crime by talking about other offenders that are not comparable." The next hearing in the case is set for December 20. Golsby's trial is set for February. (source: 10tv.com) KENTUCKY: Retired priest to receive 'Carl Braden Lifetime Achievement' award The Kentucky Alliance Against Racist and Political Repression will present the "Carl Braden Lifetime Achievement" award to Father Patrick Delahanty, a retired priest of the Archdiocese of Louisville and chair of the Kentucky Coalition to Abolish the Death Penalty. Father Delahanty said in a statement that he is "honored" to receive the award. "This award is possible because of all the hard work of abolition supporters over the past 30 years in Kentucky," said Father Delahanty. "The goal is in sight. With the continued financial contributions of supporters and their willingness to contact and urge Kentucky lawmakers to support abolition, we will prevail." Kentucky legislators can be reached at 1800-372-7181. Contributions can be made by visiting www.kcadp.org. (source: The Record) NEBRASKA: Bank Murderers Want
[Deathpenalty] death penalty news----OHIO
Nov. 15 OHIObotched execution stopped and postponed Execution called off; won't happen today Alva Campbell, Jr.'s execution was called off this morning, after medical personnel were unable to locate a vein to absorb the 3-drug cocktail used as part of the lethal injection process. "We're not going to rush to execute someone," Ohio Department of Rehabilitation and Correction Director Gary Mohr said before the procedure was called off completely. The execution effort was halted after prison personnel spent at least 25 minutes trying to find a suitable vein in both of Campbell's arms and in his right leg. They appeared to palpate veins in both arms and the right leg. As personnel worked on his leg, after stopping with his arms, Campbell removed his glasses and held his hand to his eyes, wiping his eyes. A staff member patted him on the shoulder and 2 others shook Campbell's hand. Campbell then put on his glasses and sat with his hands in his lap as his pants leg was rolled down and sock pulled up. Reporters in the witness rooms were escorted out at 11:25 and told there would be a briefing from ODRC Director Gary Mohr on what happened. It is unclear if the execution will still occur. The 69-year-old Campbell was scheduled to be executed at 10 a.m. Campbell, 69, shot 18-year-old Charles Dials to death after overpowering a sheriff's deputy in Franklin County, taking her gun and stealing Dials' truck. At the time of the crime, Campbell was on parole after being convicted of killing a man in Cleveland. He was scheduled to die by lethal injection at the Southern Ohio Correctional Facility in Lucasville. Campbell exhausted all of his appeals and clemency bids, including one before the U.S. Supreme Court, which on Tuesday denied his motion to stay the execution of his death sentence. Campbell was to be the 56th person put to death in Ohio since the state enacted its current death penalty law in 1981 and the 3rd execution this year. 20 protestors demonstrated outside the prison on Wednesday. Ohio has sentenced 324 people to death - some more than once - since 1981, according to data through December 2016 from Ohio Attorney General's 2016 Capital Crimes Report. Campbell on Tuesday morning was transported to the Lucasville prison, where the execution chamber is located. Campbell made 2 phone calls Tuesday night, one of which did not go through, and had visits from the attorneys who will witness his execution. Smith said he ate part of his special meal and slept through the night. Campbell has multiple health problems, including issues with his veins. He has asthma, emphysema and requires an external colostomy bag, according to court filings and parole board testimony. The state agreed to use a wedge pillow to help him partially sit up on the execution gurney because of his breathing problems. Smith said 2 tests of his veins showed that they will be accessible for injection. Campbell's federal public defender, David Stebbins, cited his health problems, along with his violence-filled childhood, in an effort to stop the execution. Federal and state courts, the Ohio Parole Board and Ohio Governor John Kasich all rejected efforts by Campbell to be spared death. He received the death penalty after his 1998 conviction on charges of aggravated murder, aggravated robbery, kidnapping, felonious assault, escape and other offenses in Franklin County Common Pleas Court. In October, U.S. District Magistrate Judge Michael R. Merz in Dayton rejected Campbell's request to be executed by firing squad. Stebbins said the request was made as an alternative to lethal injection because of concerns Campbell may not have accessible veins suitable for the 3-drug lethal injection combination that Ohio uses to execute prisoners. A reporter for the Dayton Daily News is 1 of 5 reporters scheduled to witness the execution. Witnesses for the victim include Dials' sister, brother and uncle, according to Smith. Witnesses for Campbell include Stebbins, 2 other attorneys and a friend. In an interview, Stebbins said he has witnessed other executions at Ohio's execution chamber. "It's awfully sterile. It's like being in a hospital but they are executing the guy," Stebbins said. "It's very cold. They try to keep it solemn." Ohio paused executions three years ago after controversy over the prolonged execution of Dennis McGuire, 53, of Preble County using a previously untested combination of lethal injection drugs, midazolam and hydromorphone. McGuire gasped and snorted in the 26 minutes it took for him to die in January 2014. In 2015, Ohio Governor John Kasich said the state would not switch to alternative execution methods, such as firing squad or hanging. Earlier this year, he delayed executions while awaiting a federal court ruling challenging lethal injection procedures. Executions resumed on July 26, when Ronald R. Phillips, 43, was executed
[Deathpenalty] death penalty news----OHIO
Nov. 14 OHIOimpending execution U.S. Supreme Court won’t stop Ohio execution of sick inmate Ohio started final preparations Tuesday for executing a sick inmate who will be provided a wedge-shaped pillow to help him breathe as he’s put to death this week. Death row prisoner Alva Campbell appeared to be out of options, with the U.S. Supreme Court refusing on Tuesday afternoon to stop the execution. A message was left with Campbell’s attorneys seeking comment. Campbell arrived at the state death house at the Southern Ohio Correctional Facility earlier Tuesday. Prisons spokeswoman JoEllen Smith said he was calm. Campbell’s attorneys have argued he is too ill for a lethal injection and also that he should be spared because of a brutal childhood. Campbell, 69, became mildly agitated when officials tried lowering him to a normal execution position during an exam last month, according to a medical review by a physician contractor for the Department of Rehabilitation and Correction. Dr. James McWeeney noted there were no objective findings such as increased pulse rate or breathing to corroborate Campbell’s anxiety. Nevertheless, he recommended allowing Campbell to lie “in a semi-recumbent position” during the execution. The same exam failed to find veins suitable for inserting an IV on either of Campbell’s arms. The brother, sister and uncle of Charles Dials, fatally shot by Campbell during a 1997 carjacking, will witness the execution in Lucasville, about 85 miles (137 kilometers) south of Columbus, the Department of Rehabilitation and Correction said Tuesday. Four attorneys will witness on behalf of Campbell. Campbell’s last meal, called a special meal in Ohio, includes pork chops, greens, sweet potato pie, mashed potatoes and gravy, macaroni and cheese, and milk. Campbell has severe chronic obstructive pulmonary disorder as the result of a decades-long two-pack-a-day smoking habit, the prison’s doctor said. Campbell’s attorneys said he uses a walker, relies on a colostomy bag, requires four breathing treatments a day and may have lung cancer. The attorneys have warned that Campbell’s death could become a “spectacle” if guards are unable to find suitable veins in the sick inmate’s arms. Earlier this month, Campbell lost a bid to be executed by firing squad after a federal judge questioned whether lawmakers would enact the bill needed to allow the method. Prisons department spokeswoman JoEllen Smith said Monday that Campbell’s “medical condition and history are being assessed and considered in order to identify any necessary accommodations or contingencies for his execution.” Franklin County prosecutor Ron O’Brien called Campbell “the poster child for the death penalty.” Prosecutors said his health claims are ironic given he faked paralysis to escape court custody the day of the fatal carjacking. On April 2, 1997, Campbell was in a wheelchair when he overpowered a Franklin County sheriff’s deputy on the way to a court hearing on several armed robbery charges, records show. Campbell took the deputy’s gun, carjacked the 18-year-old Dials and drove around with him for several hours before shooting him twice in the head as Dials crouched in the footwell of his own truck, according to court records. Campbell was regularly beaten, sexually abused and tortured as a child, his attorneys have argued in court filings and before the Ohio Parole Board. Republican Ohio Gov. John Kasich rejected a request for mercy for Campbell last week. (source: Associated Press) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----OHIO, MO., OKLA., NEB.
Nov. 10 OHIOimpending execution Gov. Kasich denies clemency request for ill Ohio inmate Ohio Gov. John Kasich says he won't spare the life of a condemned killer who has cited his poor health and tough upbringing in an attempt to avoid execution. The Republican governor's decision Thursday came in the case of Alva Campbell, who was sentenced to die for fatally shooting 18-year-old Charles Dials after a 1997 carjacking. The 69-year-old Campbell is scheduled for execution Nov. 15. Campbell's attorneys say he uses a walker, relies on an external colostomy bag, requires four breathing treatments a day and may have lung cancer. They also say Campbell was the product of a violent, dysfunctional and sexually abusive childhood. Prosecutors say Campbell's health claims are ironic given he faked paralysis to escape court custody the day he killed Dials. (source: Associated Press) * Defense attorneys for convicted serial killer Anthony Kirkland quit the caseDeters blames public defender's interference An angry prosecutor Joe Deters is blaming a public defender in Columbus for interfering in the resentencing case of serial killer Anthony Kirkland and forcing 2 defense attorneys to quit. Jury selection was supposed to begin Thursday, but instead, attorneys Perry Ancona and Norm Aubin told Judge Patrick Dinkelacker that they had to withdraw. Deters was riled because the attorneys revealed that Rachel Troutman from the Ohio Public Defenders Office had advised Kirkland that she was trying to get Aubin taken off the case. Kirkland was originally sentenced to death for killing 13-year-old SCPA student Esme Kenney and 14-year-old Casonya Crawford in 2009 and 2006, respectively, and burning their bodies. According to Ancona, Troutman talked to Kirkland about his attorneys in 2 phone calls. "We're placed in the ridiculous situation this morning here," Ancona told the judge. Ancona said prosecutors just this week gave him and Aubin CDs of Kirkland's conversations with Troutman. They were calls Kirkland made from the Justice Center almost a year ago on Dec. 15, 2016 and last month on Oct. 10. "A person he referred to as Rachael Troutman on Dec. 15, 2016, indicated and said she has been working behind the scenes to get rid of Mr. Aubin - get him off the case," Ancona said in court. In the 2nd call last month, Troutman used an expletive to describe the 2 attorneys. "This person said that Norm and Perry may not necessarily do a good job explaining how Anthony got where he is. I think that's clearly undermining our efforts to work on his behalf," Ancona said. Kirkland told the judge he only called Trautman because he couldn't get hold of Ancona and Aubin. "Your Honor, I haven't been able to contact these dudes - my attorneys. Made efforts to contact them," Kirkland said. "I tried to put them on my phone list to get their numbers in so I could talk to them. It was always denied. When I seen them in court, it was only for a couple of seconds or a couple of minutes during the time here and then they're off. Other times when I tried to contact them, I sent them letters. I didn't get a response to my letters. "The only way that I could make contact through them was going through familiar territory where I was at." Nevertheless, Deters called Troutman's actions "reprehensible" and said he would take action against her. "This borders on the most reprehensible conduct I've ever seen an attorney do in all my years of practicing law," Deters said after the hearing. "This was unconscionable for her to interfere and obstruct in this case and we're going to find out what the remedies are. "I mean, I'm not going to sit back and just let this go by. She clearly was undermining the defense to the point where they can't even represent him anymore? This is a very serious matter." Deters wasn't finished. He went off on the Ohio Public Defenders Office and state officials who oppose the death penalty. "We're down in Cincinnati. We don't pay attention to what goes on in Columbus, and it's my belief that the Ohio Public Defender's Office creates a culture where these attorneys feel enabled to do whatever the heck they want, any means to an end," Deters said. "Now, we've got 100 jurors waiting and they're being excused because of her behavior. She slandered 2 very good defense attorneys with Perry and Norm and she needs to be held accountable. "But, the problem is we've got judges and bar association people that may have some political bent that they don't believe in the death penalty and they enable people to behave like this. "So, we again, after bringing the family back in, they have to resume all the pain and agony they went through when their loved one was murdered and we've got to do it again because of the behavior of someone from the state public defender's office. "If you don't want the death
[Deathpenalty] death penalty news----OHIO, ARK., MO., KAN., NEV., ARIZ., USA
Nov. 9 OHIOimpending execution Ill Ohio inmate asks US Supreme Court to halt execution A condemned Ohio killer who argues he is too ill to execute has asked the U.S. Supreme Court to delay his upcoming execution. Attorneys for death row inmate Alva Campbell say his breathing problems and poor veins will create a spectacle when lethal injection is attempted. They also argue he was regularly beaten, sexually abused and tortured as a child. Attorneys late last week asked the high court to stop Campbell's Nov. 15 execution. The state was expected to oppose the request. Court documents indicate Ohio's prisons system may provide a wedge-shaped pillow to elevate Campbell and facilitate his breathing during the execution. Prosecutors said Campbell's health claims are ironic given he faked paralysis to escape court custody the day he killed 18-year-old Charles Dials in 1997. (source: Associated Press) ** Jury declines death penalty option in Howland capital murder trialThe jury has returned for its verdict in the Nasser Hamad case after deliberating for over 10 hours After deliberating for over 10 hours to decide the fate of convicted killer Nasser Hamad, the jury declined the death penalty option in a Howland capital murder case. The jury suggested a life sentence with parole eligibility after 30 years. Trumbull County Common Pleas Judge Ronald Rice will have the ultimate say in sentencing. He'll make his decision at 1:30 p.m. Wednesday. Because the jury didn't recommend death, Judge Rice cannot impose a death sentence. He will be asked by the prosecution for 2 consecutive 30-year-to-life sentences, however, because Hamad was convicted of 2 murder charges. Jurors were sequestered just before 9:30 p.m.Tuesday night and returned to the courtroom Wednesday around 10 a.m. to give their decision. Hamad was convicted last week of 2 counts of aggravated murder and 6 counts of attempted aggravated murder with firearm specifications. The jury deliberated less than 2 hours to decide his guilt. Trumbull County Assistant Prosecutor Chris Becker took his last moments in front of the jury Tuesday to remind them that Hamad attempted to kill 5 people and was successful in taking the lives of 2. Prosecutors reiterated that the death penalty was appropriate in this case. "The state position is that it is not even close. It just isn't and that leaves you no other choice under the law but to go back to the jury room and find the death sentence appropriate," said Trumbull County Assistance Prosecutor Mike Burnett. Hamad's attorney told the jury that this was their opportunity to show mercy. He also reminded jurors of testimony depicting Hamad as a good father, a hard worker and that he suffered from PTSD. Hamad was convicted in the shooting deaths of 19-year-old Josh Haber and 20-year-old Josh Williams outside his Route 46 home in Howland. 43-year-old April Trent, 20-year-old Bryce Hendrickson and 17-year-old John Shively were injured in the shooting. Hendrickson died later from unrelated causes. Hamad had maintained that he was acting in self-defense, and the group that came to his house that day had been harassing him and making threats in an ongoing dispute on social media and among other family members. (source: WKBN news) ARKANSAS: Arkansas got execution drug made by resistant manufacturer 1 of the 3 drugs Arkansas planned to use in a lethal injection this week was made by a New York company that says it won't sell its products if it fears they'll be used in executions, court documents released Wednesday show. A package insert and drug label for the state's supply of midazolam released by the state in Pulaski County Circuit Court identifies Athenex as the maker of the drug, 1 of 3 used in Arkansas' lethal injection process. The insert was included as part of an affidavit filed by state Correction Department officials. The affidavit was filed the day after Pulaski County Circuit Judge Mackie Pierce ordered the Department of Correction to release a copy of the insert to Steven Shults, an attorney who had sued the state for the document. The Arkansas Supreme Court last week ruled that a state law keeping the source of Arkansas' execution drugs secret applied to suppliers and sellers, but not drug manufacturers. Pierce ruled Wednesday that other information on the drug label that could be used to identify the drug's seller can be withheld. The company did not immediately respond to a request for comment, but said in a statement posted on its website Wednesday that it "does not want any of our products used in capital punishment." "Athenex does not accept orders from correctional facilities and prison systems for products believed to be part of certain states' lethal injection protocols," the company said in the statement. "Further, Athenex distributors and wholesalers have agreements with
[Deathpenalty] death penalty news----OHIO, ARK., MO., NEV., IDAHO
Nov. 8 OHIOimpending execution Death row inmate wants execution by firing squad, not lethal injection because he has weak veins A death row inmate in Ohio convicted of murdering a teenage boy wants to be executed by firing squad instead of lethal injection because he has weak veins. Lawyers for Alva Campbell - who is scheduled to be executed next month - argue that a lethal injection would harm him whereas the firing squad method would not require access to his veins. A nurse last month was unable to find veins on his arms to insert an IV tube. A federal judge rejected Campbell's lawyers' firing squad argument on Tuesday, saying the inmate during a recent hearing didn't provide sufficient evidence to prove why that method was suitable for him. His lawyers said they were disappointed with the judge's decision and are planning to appeal their client's case. Gov. John Kasich in 2015 ruled out using firing squads for executions. Mississippi, Oklahoma and Utah are the only states that allow the firing squad method, according to the Death Penalty Information Center. The 69-year-old inmate uses a walker, has an external colostomy bag and undergoes treatment for his breathing. He also may have lung cancer, his lawyers and court records say. The Ohio Parole Board rejected his request for clemency in October. Kasich has the final say. In 1997, Campbell snatched a Franklin County sheriff deputy's gun while on his way to a court hearing on armed robbery charges. He then carjacked and fatally shot 18-year-old Charles Dials in the head, court records show. (source: New York Daily News) ARKANSASimpending execution stayed Arkansas Supreme Court stops execution of Jack Greene The Arkansas Supreme Court has halted this week's planned execution of an inmate whose attorneys say suffers from psychotic delusions. Justices on Tuesday granted the request for an emergency stay for Jack Greene, who had been scheduled to be executed Thursday night. Greene, who's from North Carolina, was sentenced to die for the 1991 death of Sidney Burnett, who was beaten with a can of hominy, stabbed and shot. Greene's attorneys had asked for the stay so justices could review a lower court's decision to dismiss his challenge of a state law that gives Arkansas' top prison official the authority to determine whether he is competent In response to the ruling, a spokesperson for the Arkansas Attorney General Leslie Rutledge said she won't ask the Arkansas Supreme Court to reconsider the emergency stay granted to Greene. Governor Asa Hutchinson said he was "surprised" by the ruling, saying that last minute delays "only prolong the justice the Burnett family was promised more than 20 years ago." (source: thv11.com) *** Emergency stay granted for Arkansas' oldest death row inmate The execution of the oldest inmate on Arkansas death row is off. Attorney General Leslie Rutledge has confirmed she will not appeal Tuesday's decision of the State Supreme Court granting an emergency stay for Greene. Rutledge will also not ask for a rehearing in this case. "With no written order or explanation provided, the Arkansas Supreme Court has once again delayed justice for the family of Sidney Burnett. I will continue to fight for justice for Sidney Burnett and to give the Burnett family the closure they deserve," Rutledge said in reaction to the stay decision. Governor Asa Hutchinson issued this statement: "I am surprised by the Arkansas Supreme Court's decision to issue an emergency stay of execution for Jack Greene," he said. "Last-minute delays are always very difficult and only prolong the justice the Burnett family was promised more than 20 years ago. "This case has been reviewed by the courts on numerous occasions, and the state must now await further court action before the penalty given by an Arkansas jury is carried out." (source: KARK news) *** Poll shows strong support for death penalty in Arkansas A new poll shows overwhelming support for the death penalty in Arkansas months after the state conducted 4 executions over an 8-day period and days before another inmate is scheduled to be put to death. The University of Arkansas' annual Arkansas Poll released Tuesday shows that 72 % of respondents support the death penalty as punishment for people convicted of murder. 17 % of respondents opposed the death penalty, while 11 % didn't know or refused to answer. Arkansas resumed executions in April after a nearly 12-year lull, and the state plans to put convicted murderer Jack Greene to death Thursday night. The poll surveyed 801 Arkansans between Oct. 12 and Oct. 22. The poll has a margin of error of plus or minus 3.5 % points. (source: Associated Press) MISSOURI: Jury foreman describes how jurors deadlocked over death penalty for Craig Wood The 12 people chosen to decide
[Deathpenalty] death penalty news----OHIO, ARK., MO., USA
Oct. 30 OHIO: Jurors to begin deliberating Nasser Hamad verdict today After hearing from more than 30 witnesses last week, jurors will hear closing arguments today and begin to deliberate whether Nasser Hamad is guilty of 2 counts of aggravated murder and several counts of attempted murder. Hamad, 48, is accused of killing Josh Haber, 19, and Joshua Williams, 20, and injuring April Trent-Vokes, 42, Bryce Hendrickson, 19, and John Shively, 17, by firing a handgun at them Feb. 25. They were shot after Trent-Vokes drove them to Hamad's house on state Route 46 in Howland in an ongoing feud involving Hamad's girlfriend, Tracy Hendrickson, 47. Jurors were selected over 9 days starting Oct. 11 and started hearing testimony Oct. 23. Testimony consisted of more than a dozen witnesses who passed through the busy Route 46 corridor near the Eastwood Mall complex that day and saw some part of the confrontation that began near Hamad's house with a fistfight and ended near the road with gunfire. Also testifying were the first police officers to the scene, one officer collected physical evidence, state crime-lab agents who processed physical evidence, Howland police detectives, 2 survivors, Hamad's girlfriend and Hamad. Through their questioning of witnesses, prosecutors have tried to show that Hamad had numerous options short of using lethal force after 5 people arrived at his house to confront him over vulgar Facebook messages. Hamad and his girlfriend described in great detail the harassment they say they received in the months leading up to the shootings from Tracy Hendrickson's family and others. Hamad told jurors during 2 hours of testimony that he defended himself from the 5 during a fistfight and then with his gun because he feared they were going to kill him. The evidence indicated that only Hamad's gun was fired that afternoon, that no other gun was found at the scene, and that the 5 did have 1 knife. Hamad told jurors he heard repeated comments from the 5 suggesting that they had a gun and that Bryce Hendrickson "lunged" at him with a knife while Hamad stood near the van with his handgun. Hamad also testified that he feared that someone else with a firearm not in the van might be nearby waiting to shoot him. Hamad suffered no gunshot wounds. Bryce Hendrickson did not testify at the trial because he was found dead Sept. 30 at a home in McDonald of an apparent drug overdose. If Hamad is found guilty of certain charges, he would be eligible for the death penalty. If he is found eligible, a 2nd phase of the trial would begin this week to determine whether the aggravating circumstances of killing 2 or more people outweigh mitigating evidence Hamad would present. The jury would then decide whether to give the death penalty. (source: vindy.com) ARKANSASimpending execution Arkansas poised to execute man amid fight over mental health Jack Greene's lawyers say he's severely mentally ill. The Arkansas death row inmate says they're lying. As Greene approaches a Nov. 9 execution date, his lawyers are raising questions about who should determine his mental competency. Arkansas gives considerable weight to its prison director's opinion in deciding whether a condemned inmate has the mental capacity to understand his execution; Greene's lawyers want doctors to have a greater say. "The system is really quite antiquated," John Williams, an attorney for Greene, said in an interview." (Prison director) Wendy Kelley is an arm of the state. She doesn't have the expertise to make that determination." Greene was convicted for the 1991 killing Sidney Jethro Burnett after Burnett and his wife accused Greene of arson. At least 1 court this week will take up Greene's case. The inmate hasn't always made it easy for his attorneys. While pleading for clemency, he told the Arkansas Parole Board this month that his lawyers are wrong to call him "delusional" and that courts have routinely found him competent. He also told the board, "I knew what I was doing to him," when he tortured Burnett for an hour before shooting him. When a doctor testified that Greene has done headstands during examinations and even in courtrooms, Greene told the panel that he does yoga to remain ???functional." Williams says the seemingly lucid moments mask severe mental illness. "A lot of people who are mentally ill don't think they're mentally ill," the lawyer said. The case has drawn the attention of both the American Bar Association and a collection of 28 mental health professionals, who wrote to Gov. Asa Hutchinson saying it would be "morally and ethically wrong" to execute Greene. "Mr. Greene's illness manifests itself in extreme physical contortions, in self-mutilation, and in delusional beliefs he holds about a conspiracy against him between his attorneys and prison officials," the mental health professionals wrote. Greene stood throughout his
[Deathpenalty] death penalty news----OHIO, MO., OKLA., WYO., IDAHO, USA, US MIL.
Oct. 14 OHIO: Suspect wanted in Ohio slayings captured The manhunt for the suspect in the deadly shootings of a 7-year-old boy and 3 adults in Pedro, Ohio, ended in its 2nd day Friday with the capture of Arron Lee Lawson. Lawson, 23, of rural Ironton, was arrested at about 10:35 a.m. Friday without incident while walking along the 1700 block of County Road 52 after authorities got a tip from someone who spotted him, said Lawrence County Sheriff Jeff Lawless. When authorities approached him, Lawson, who seemed worn out, quickly gave up, Lawless said. "Based on the evidence that I have right now, it is my intention to seek the death penalty," Lawrence County Prosecutor Brigham Anderson said Friday. Authorities on Friday did not indicate a motive in the slayings, which were reported around 7:20 p.m. Wednesday. Anderson said Lawson will be arraigned at 10 a.m. Saturday, Oct. 14, in Ironton Municipal Court on 3 counts of murder and one count of aggravated murder. Additional charges could be filed, including felonious assault related to the stabbing of another person, he said. Anderson said he plans to impanel a grand jury for the case as soon as possible. A grand jury indictment takes the case directly to a Lawrence County Pleas Court, bypassing the municipal court and any need for a preliminary hearing. The victims were identified as Donald McGuire, 50, and his wife, Tammie L. McGuire, 43, both of 15830 Ohio 93, Pedro; and Stacey M. Jackson, 25, and her son, Devin Holston, 7, both of 15497 Ohio 93, Pedro. Tammie McGuire is Lawson's aunt, Lawless said. Jackson and Holston were his cousins, according to the sheriff. Since 1 of the victims was under the age of 13, Lawson faces a prison sentence upon conviction of life in prison and possibly a death sentence, according to Anderson. In Ohio, death penalties require an aggravating factor like burglary or robbery, or in this case, the age of the victim, he said. If a death penalty is sought in the case, Lawson will have to be represented by 2 lawyers who are certified by the Ohio Supreme Court. Autopsies have been ordered by the Montgomery County coroner's office. Those autopsies could give authorities a better timeline of the fatal shootings, Lawless said. Lawson, who lived on Township Road 1051 near Ironton, also is alleged to have stabbed a fourth adult in the head and neck when the man came upon the scene after work, Lawless said. The stabbing victim fled the scene and notified authorities and subsequently was flown to Cabell Huntington Hospital, which wasn't giving updates about the person's condition. Some Ohio schools in the area closed Thursday and Friday over safety concerns as the manhunt continued. "The massive, overwhelming police presence that was searching for Lawson aided in his capture as we know the area that he was in and we saturated it, setting up a perimeter that helped contain his movement," Lawless said in a prepared statement Friday, thanking the other law enforcement agencies that aided in the manhunt. More than 100 state, county and local law enforcement officers were involved in the search for Lawson, according to Lawless. "I am beyond words when it comes to the gratitude I have for all the various law enforcement agencies, fire agencies and emergency medical services personnel that came to my aid when I asked for it," Lawless said. "The public's support has also been tremendous. "We have captured one of Lawrence County's most wanted," Lawless said. He said he was pleased his office had made the county safer by getting Lawson off the streets. Lawless called Lawson an outdoorsman and a hunter who has spent time in the woods. Despite that, Lawson "was ready and willing to give up. I think he was worn out from being out in the elements." Lawson somewhere apparently pilfered a jacket after crashing a vehicle and fleeing on foot into a wooded area in the Hecla area, according to Lawless. The suspect was taken to the prosecutor's office for questioning by Lawrence County Sheriff's Office detectives following his capture Friday. "He's been very cooperative," Lawless said. Authorities set up a perimeter and used helicopters in the search that lasted nearly 40 hours. (source: The Herald-Dispatch) *** Parole board to rule next week on killer's clemency request The man called the textbook example for the death penalty as well as the sickest man on death row asked for mercy Thursday. Alva Campbell has asked the Ohio Parole Board for a life sentence instead of the death penalty. He's scheduled to be executed November 15. Campbell's attorneys spent hours Thursday explaining to the parole board why they believe he deserves to die in his prison cell instead of an execution chamber. They said he was physically and sexually abused his entire childhood. That caused him problems his entire life. They said his father not only
[Deathpenalty] death penalty news----OHIO, UTAH, NEV., USA
Sept. 19 OHIO: Jurors seated in capital murder trial Jurors in the aggravated murder trial of Christopher Peters were seated Monday afternoon. The 12 jurors and 2 alternates, along with attorneys and court officials, then traveled to the scene of the alleged crime in Delphos as what is expected to be a weeklong trial with capital punishment implications got fully underway. Peters, 27, of Delphos, is charged with aggravated murder in the death of 15-month-old Hayden Ridinger on Nov. 15 at The Old Lincoln Inn, 24249 Lincoln Highway on the west edge of Delphos. If convicted, Peters could face the death penalty. He previously pleaded not guilty to charges of aggravated murder; felonious assault, a 2nd-degree felony; and endangering children by abuse, a felony of the 2nd degree. The mother of the victim, 24-year-old Valerie Dean, faces charges of involuntary manslaughter and child endangerment in connection with her son's death. The infant???s body was found inside an apartment at 24249 Lincoln Highway in Van Wert County. Her case will be heard separately from that of Peters. Judge Martin Burchfield is presiding over the trial, which is expected to last at least a week. Allen County Prosecutor Juergen Waldick in presenting the state's case against Peters as the special counsel appointed by Burchfield. He is being assisted by Van Wert County Prosecutor Eva Yarger. Lima attorney Bill Kluge is serving as the lead defense attorney, joined by fellow Lima attorney Bob Grzybowski. During the jury selection process that ran throughout most of the day Monday, prospective jurors were questioned about their knowledge of the case, their views on the death penalty, and whether the fact that the victim in the case was an infant would cloud their decision-making process. Many potential jurors were excused after saying they believed they could not be fair and impartial in judging the facts of the case for various reasons. By mid-afternoon Monday, 23 potential jurors had been selected to be part of the jury pool. Shortly after 3 p.m. a jury of 6 men and 6 women - along with 2 alternates - was sworn in to get the trial underway. Jurors will hear opening arguments from attorneys Tuesday morning. (source: limaohio.com) UTAH: Costly and complicated: How effective is the death penalty in Utah? Salt Lake County is pursuing its 1st death penalty case in years. District Attorney Sim Gill is leading that case against Ramon Rivera, 31, who is accused of brutally killing a fellow inmate in prison last year. "This is something that I struggle with on a personal level and as a professional," Gill said, "but it is a tool that our Legislature has given to us." But it's expensive to keep people on death row. Past reports peg the cost of a death row case at $1.6 million more than just going for life in prison. It's also becoming more and more complicated. There are the 9 people sitting on Utah's death row. Of those, 2 - Douglas Lovell and Floyd Maestas -- don't even have permanent attorneys leading their cases, according to Utah Courts spokesman Geoff Fattah. "I am not totally surprised," said Stewart Gollan, executive director of the Utah Association of Criminal Defense Lawyers. "There is very limited money." He said that makes it difficult to find qualified attorneys able to take on these cases. Gollan said his organization opposes the death penalty and hopes to see it abolished in Utah. Former State Sen. Steve Urquhart pushed a bill 2 years ago, but it failed. "The death penalty is going to continue to be far, far, far more expensive than simply seeking life without parole in prison for these kinds of defendants," said Gollan. As for the case against Rivera, Gill said it's a tough one and he acknowledged the debate surrounding the death penalty. But Gill said he's made his decision, and it's "something I do not absolutely take lightly at all." (source: KUTV news) * 2 death row inmates need new attorneys - but will anyone sign up? Wanted: An attorney to represent a Utah man condemned to death. Must be licensed to practice law in the state of Utah and meet the state's special qualifications for death penalty cases. The pay is about $125 per hour - but co-counsel in one case will warn you, there's been trouble actually getting paid. And the last guy who had the job? He left because payment issues and threatened disciplinary sanctions took a toll on his health. 9 men are currently on Utah's death row. 2 of them - 61-year-old Floyd Maestas and 59-year-old Douglas Lovell - currently have no qualified lead attorney representing them as they appeal their capital murder convictions in state court. And while the Utah Association of Criminal Defense Lawyers isn???t telling its members to not apply for the job, it's not exactly encouraging them to do so either. Executive Director Stewart Gollan said the organization
[Deathpenalty] death penalty news----OHIO
Sept. 13 OHIOexecution Ohio Executes Double Murderer Gary Otte An Ohio man convicted of back-to-back murders 25 years ago was executed Wednesday morning after the courts rejected his arguments that the lethal injection the state uses could expose him to serious pain. Gary Otte was the 2nd inmate put to death since Ohio ended a 3-year execution hiatus prompted by a lethal injection that raised questions about the drugs being used. Outside the prison in Lucasville, anti-execution activists tolled bells to mark his death, which the Associated Press recorded at 10:54 a.m. In a tweet on the eve of the execution, his attorney, Vickie Werneke, said that while Otte had fought vigorously to stop the state from killing him, he was "at peace." Prison officials said he did not sleep the night before the execution. Otte, 45, was sent to death row for fatally shooting Robert Wasikowski and Sharon Kostura during home invasion robberies in a Cleveland suburb in 1992. His last-ditch appeals included claims that use of the execution sedative midazolam is unconstitutional and that he should have been spared the death penalty because he was under 21 at the time of the crime. The anti-execution activist Sister Helen Prejean also took up Otte's cause, tweeting that he has a low IQ and psychological problems. But the U.S. Supreme Court and the state's highest court declined to halt the execution. The state has scheduled another 2 dozen executions between now and 2020. Otte becomes the 55th condemned inmate to be put to death in Ohio since the state resumed capital punishment in 1999. Otte becomes the 18th condemned inmate to be put to death this year in the USA and the 1460th overall since the nation resumed executions on January 17, 1977. (sources: NBC News & Rick Halperin) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----OHIO, CALIF., ORE., USA
Sept. 2 OHIO: Ohio governor reschedules 19 upcoming executions Gov. John Kasich has rescheduled executions for 19 condemned killers on Ohio's death row. The reprieves granted by Kasich push most executions previously scheduled over the next several years forward by a few months. The latest is now set for April 21, 2022. Kasich said Friday he adjusted the schedule following a U.S. Supreme Court ruling earlier this summer upholding Ohio's 3-drug lethal injection process. The governor says the goal is ensuring that executions are carried out in a humane and professional fashion. On Friday Kasich also rejected a clemency request by death row inmate Gary Otte, scheduled to die Sept. 13 for killing 2 people in Parma in suburban Cleveland in 1992. (source: dailyjournal.net) Kasich denies clemency, moves execution dates Ohio Gov. John Kasich on Friday denied clemency to a Cuyahoga County man scheduled to be executed later this month. Gary Otte is slated to die in the Ohio death chamber at the Southern Ohio Correctional Facility near Lucasville on Sept. 13. He was convicted of the 1992 robbery and murder of Robert Wasikowski, 61, and Sharon Kostura, 45, at their apartments in Parma. Otte's attorneys asked for clemency, citing the fact that he was under 21 at the time he committed the murders, Cleveland.com reported. The Ohio Parole Board in February rejected the request 11-0. Otte's execution would be Ohio's 2nd in 3 years. Ronald Phillips was executed July 26 after the U.S. Supreme Court upheld the state's lethal-injection protocol. Also on Friday, Kasich announced the execution of Raymond Tibbetts will be moved from Oct. 18 to Feb. 13, 2018. He was convicted in Hamilton County of the 1997 murders of his wife and their landlord. The execution of William Montgomery has been moved from Jan. 3, 2018, to April 11, 2018. He was convicted in Lucas County of the 1986 murders of Debra Ogle and Cynthia Tincher. Robert Van Hook, who was convicted in Hamilton County of the 1985 murder of David Self, will be executed on July 18, 2018, instead of Feb. 13, 2018, as originally scheduled. The Nov. 15 2017, execution date for Alva Campbell Jr. is unchanged. He was convicted in Franklin County of the 1997 murder of Charles Dials, whom he had taken hostage after assaulting a sheriff's deputy and stealing her pistol. Also unchanged is the Sept. 13, 2018, execution date for Cleveland Jackson. He was convicted in Allen County of the 2002 murder of Lenishia Williams, 17, during a robbery. (source: Columbus Dispatch) * Prosecutors seek death penalty in Cleveland car dealership murders The Cuyahoga County Prosecutor's Office will seek the death penalty for the man accused of killing a married couple at a Cleveland car dealership. Trina Tomola, 46, and Michael Kuznik, 50, owned Mr. Cars on East 185th Street. Their 19-year-old son was unable to get in touch with his parents and found them dead at the car lot on April 14. Prosecutors said Joseph McAlpin broke into the dealership, then shot and killed the couple and their dog. He's also accused of stealing a car. Cleveland police identified McAlpin as a suspect through DNA evidence and arrested him on June 13. He was originally indicted on 25 counts, including aggravated murder, aggravated robbery, kidnapping and cruelty to animals. A Cuyahoga County grand jury returned a new indictment with death penalty specifications against the 29-year-old suspect. "The Capital Review Committee thoroughly reviewed the facts and circumstances surrounding this case and the decision was made to seek capital charges against McAlpin," said Prosecutor Michael O'Malley in a news release on Friday. (source: Fox News) CALIFORNIAdeath row inmate dies Death row inmate Christopher Adam Geier, convicted of murder, dies Christopher Adam Geier, who was on death row on his conviction of 2 counts of murder and conspiracy to commit murder in San Bernardino County, died Thursday at San Quentin State Prison, the California Department of Corrections and Rehabilitation said in a news release. Geier, 49, collapsed just before 11 a.m. in the prison's recreational yard, the release said. He was pronounced dead at 11:34 a.m. The cause of death is unknown, pending the results of an autopsy. Geier was sentenced to death by a San Bernardino County jury on July 21, 1995, in the slaying of military police Officer Erin Tynan and the fatal stabbing of Curtis James Dean. He also was convicted of attempted murder in an attack on Gail LeBouef, who survived after being shot in the face. The release said he had been on death row since Oct. 20, 1995. (source: San Bernardino Sun) OREGON: Minnesota 'family killer' could face death penalty for killing Oregon cellmateCraig Dennis Bjork, now 57, could be the first Minnesota prisoner sentenced to death in
[Deathpenalty] death penalty news----OHIO
July 26 OHIOexecution Ohio child-killer Ronald Phillips executed at Lucasville Ronald Phillips could not avoid his 7th execution date. After 6 postponements, the 43-year-old Summit County man was executed Wednesday for a murder he committed 24 years ago, a week into Bill Clinton's 1st term as president. Phillips' victim was Sheila Marie Evans, the 3-year-old daughter of his then-girlfriend. The time of Phillips' death was 10:43 a.m. at the Southern Ohio Correctional Facility near Lucasville. There were no complications. Watching as Phillips died on the other side of a large glass window were Renee Mundell, the deceased girl's half-sister, and Donna Hudson and John Evans, her aunt and uncle. Also witnessing his brother's execution was William Phillips. The execution was delayed a few minutes to permit the condemned prisoner to visit with his brother, who was late arriving at the prison. Had she lived, Sheila would have been 27 years old. She was just 3 when, over 2 or 3 days in January 1993, she was beaten, repeatedly raped anally, thrown against a wall, dragged by her hair, and punched so hard in the abdomen by Phillips that it killed her. While there was no doubt about Phillips' guilt - he confessed to the crime after lying at first - his legal appeals have extended for years. Most recently, the court fight focused on Ohio's changing lethal injection protocol, with Philips' attorneys arguing that the combination of drugs to be used was flawed and could be compared to "burning at the stake." The 3 drugs, used in combination for the 1st time in Ohio, were 500 milligrams of midazolam hydrochloride, a strong sedative; 1,000 milligrams of rocuronium bromide, a muscle relaxer, and 240 milligrams of potassium chloride, used to stop the heart. A total of 6 syringes were used, 2 for each drug. On 6 previous occasions, Phillips received reprieves from the courts or Gov. John Kasich, who was forced to shuffle execution dates due primarily to a lack of necessary lethal-injection drugs. However, the state secured a supply of drugs in October, Kasich denied Phillips request that his sentenced be commuted to life without parole, and the U.S. Supreme Court refused to hear the case Tuesday night - although a pair of justices dissented. The case puts Ohio in the national spotlight because the state had not held an execution since Jan. 16, 2014, when Dennis McGuire struggled, coughed and gasped through a 26-minute death marathon. That triggered a series of legal appeals and a struggle to find suitable execution drugs. European drugmakers have essentially shut down the supply of lethal chemicals to U.S. prisons, but Ohio legislators passed a law permitting the state to secretly buy lethal-injection drugs from compounding pharmacies that mix chemicals to customer specifications. Prison officials hired a contractor to buy drugs from abroad, but federal regulators stopped the purchase. Ohio resumed capital punishment in 1999 after a 36-year hiatus. All 53 people executed since then have been men. Phillips received 6 stays of execution, once to pursue the possibility of donating a kidney to his ailing mother, but the surgery never happened, and his mother died. Last week, a coalition of clergy members, former corrections professionals, exonerated inmates and representatives of Ohioans to Stop Executions held a Statehouse press conference urging Kasich, who is a Christian, to "follow his faith" by sparing Phillips' life. Also joining the opposition were former Attorneys General Jim Petro and Lee Fisher. A federal judge in Dayton and a 3-judge panel of the 6th U.S. Circuit Court of Appeals sided with Phillips' lethal-injection argument, but Ohio Attorney General Mike DeWine appealed to the full 6th Circuit, which ruled 8-6 against Phillips, clearing the way for his execution. The Ohio Parole Board, which is required by law to make a recommendation to the governor in capital-punishment cases, voted 10-2 against clemency for Phillips in December. The board also had voted unanimously against clemency for him in 2013. Phillips becomes the 1st condemned inmate to be put to death this year in Ohio and the 54th overall since the state resumed capital punishment in 1999. Phillips becomes the 15th condemned inmate to be put to death this year in the USA and the 1457th overall since the nation resumed executions on January 17, 1977. (sources: The Columbus Dispatch & Rick Halperin) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----OHIO
July 24 OHIOimpending execution Execution set for Wednesday puts Ohio back in national spotlight Had she lived, Sheila Marie Evans would be 27 years old. She was just 3 when, over 2 or 3 days in January 1993, she was beaten, repeatedly raped anally, thrown against a wall and punched so hard in the abdomen that it killed her. There is no way to know whether Sheila realized she was dying. But there is no doubt that she was scared and defenseless. By comparison, Ronald Phillips, 43, the Summit County man found guilty of murdering the child, has known what was supposed to be the hour of his death on a half-dozen occasions. Each time he was scheduled to be executed by Ohio, Phillips received a reprieve from the courts or Gov. John Kasich, who was forced to shuffle execution dates due primarily to a lack of necessary lethal-injection drugs. That could change at 10 a.m. Wednesday, when Phillips has what could be a real date with death at the Southern Ohio Correctional Facility near Lucasville. The case puts Ohio in the national spotlight because the state has not held an execution since Jan. 16, 2014, when Dennis McGuire struggled, coughed and gasped through a 26-minute death marathon. The number of new death sentences and executions has dropped dramatically nationwide, but Ohio's 27 scheduled executions prompted some critics to call it the "Texas of the North." Texas traditionally leads the country in capital-punishment numbers, but even there numbers have declined. That Phillips has avoided the executioner so many times is unique in Ohio's modern history of the death penalty, which resumed in 1999 after a 36-year hiatus. All 53 people executed since then have been men. Phillips once received a stay of execution to pursue the possibility of donating a kidney to his ailing mother, but the surgery never happened, and his mother died. Last week, a coalition of clergy members, former corrections professionals, exonerated inmates and representatives of Ohioans to Stop Executions held a Statehouse press conference urging Kasich, who is a Christian, to "follow his faith" by sparing Phillips' life. Kasich's office had no immediate response. Sister Helen Prejean, a nun and death-penalty opponent who wrote the book "Dead Man Walking" that inspired the movie of the same name, has taken to Twitter several times urging that Phillips be spared. "Gov. John Kasich should not ask his state's correctional employees to kill people," she said. "The death penalty is harmful to those who carry it out." Phillips still has a shot at avoiding execution through last-ditch appeals to the U.S. Supreme Court or another clemency grant from Kasich. But there is no indication that either of those things is likely to happen, especially given the recent power shift on the U.S. Supreme Court with President Donald Trump's appointment of conservative Justice Neil Gorsuch. There is no doubt about Phillips' guilt in the case. Although his stories changed, Phillips admitted raping and killing the little girl. His attorneys argued that he had an abusive childhood, that he is a changed man after being locked up for 24 years, and that the untried combination of lethal-injection chemicals could cause an extremely painful death in violation of the U.S. Constitution's ban on cruel and unusual punishment. A federal judge in Dayton and a 3-judge panel of the 6th U.S. Circuit Court of Appeals sided with Phillips' lethal-injection argument, but Ohio Attorney General Mike DeWine appealed to the full 6th Circuit, which ruled 10-8 against Phillips, clearing the way for his execution. Problems with the McGuire execution in 2014 triggered a series of legal appeals and a struggle to find suitable execution drugs. European drugmakers have essentially shut down the supply of lethal chemicals to U.S. prisons, but Ohio legislators passed a law permitting the state to secretly buy lethal-injection drugs from compounding pharmacies that mix chemicals to customer specifications. Prison officials hired a contractor to buy drugs from abroad, but federal regulators stopped the purchase. The Ohio Department of Rehabilitation and Correction announced on Oct. 3 that it has drugs to execute Phillips and 2 other inmates using a revised combination of midazolam, rocuronium bromide and potassium chloride. Since then, the department has obtained a larger stock of drugs. The Ohio Parole Board, which is required by law to make a recommendation to the governor in capital-punishment cases, voted 10-2 against clemency for Phillips in December. The board also had voted unanimously against clemency for him in 2013. In the December decision, the parole board's majority said his crime involved "the killing of a vulnerable 3-year-old victim, an abuse of trust, and an extensive victimization, therefore making it among the worst of the worst of capital crimes." The 2 board members who
[Deathpenalty] death penalty news----OHIO, NEB., USA
July 23 OHIO: Ohio needs a more humane way to kill Between the ages of 3 and 4 years, a child starts to quickly develop vocabulary. They know their name and can introduce themselves. They can speak short sentences. The infamous "why" question starts to become a staple of both curiosity and defiance. Sheila Marie Evans of Akron was undoubtedly at the "why" stage in January 1993. She was at a developmental age when she may have been capable of wondering why her life was so full of pain and neglect. Why did she have to be beaten, raped and ultimately killed by her mother's boyfriend? On her final Friday evening, Ronald Phillips, the boyfriend, was babysitting. It wasn't the 1st time. He took the 3-year-old girl from her bed and proceeded to beat her because he was angry. He flung the child by her hair against a wall and continued to hit her. Then he raped her. Sodomy. When he finished, he put the child back in bed as if nothing had happened. When Fae Evans returned home, her daughter was dying. The child's organs were badly damaged and she was bleeding internally. Severe vomiting and diarrhea were the visible precursors of a horrible death. Still, it was not enough to move Evans to seek prompt medical attention or call police. The Summit County coroner counted 125 bruises on Sheila Marie's corpse when he examined her the following week. It turns out she had been abused for much of her life. Fae Evans was an excruciatingly unfit mother. She was sentenced to 13 to 30 years for involuntarily manslaughter and child endangering. She died in prison of leukemia in 2008. Now the executioner is coming for Ronald Phillips. He is scheduled to die Wednesday by lethal injection. Only the most vociferous death penalty opponents are arguing that Phillips deserves to live. The last time Ohio attempted an execution in 2014, it took convicted killer Dennis McGuire 25 minutes to die. The multi-drug cocktail administered failed to sedate him before eventually killing him by suffocation. It was more than an execution. It was also torture. Even some death penalty supporters were disturbed by the state's presiding over the extended torture of McGuire. In an open letter to Gov. John Kasich published in Friday's Plain Dealer, Republican Jim Petro and Democrat Lee Fisher, who both formerly served as Ohio attorney general, made a compelling case that Ohio should continue a moratorium on capital punishment until systemic problems are addressed. "9 people have been exonerated from Ohio's death row in recent decade. Three have been freed since the state last executed," they wrote. Their concerns about competent lawyers for indigent defendants, as well as a call for consistent and accurate sentencing must be addressed. Innocent people have been narrowly spared death by the belated discovery of exculpatory evidence. Mistakes are inexcusable. Death is permanent. Kasich has already cleared part of his calendar for Phillips' scheduled execution. He's skipping the opening of the Ohio State Fair, and instead will be connected by teleconference to Ohio's death chamber in Lucasville. He will bear witness that justice is finally served for Sheila Marie, who would have turned 27 this year. I no longer support the death penalty, but will shed no tear when Phillips takes his final worthless breath. However, I do believe that Ohio must become better at officially sanctioned killing. We can't morally afford to be as cruel and inhumane as a child rapist and murderer. (source: Commentary; Phillip Morriscleveland.com) NEBRASKA: Nebraska high court rejects Norfolk bank killer's appeal The Nebraska Supreme Court on Friday rejected a death-row inmate's call for his murder convictions in one of the deadliest bank shootings in U.S. history to be overturned because he said the lawyer defending him was incompetent. The state's high court agreed with a lower court that refused Erick Vela's request to void the convictions. Vela and 2 other men were sentenced to death for killing 5 people at a U.S. Bank branch in Norfolk on Sept. 26, 2002. A 4th man who served as a lookout was sentenced to 5 consecutive life sentences. Vela pleaded guilty in June 2003 to 5 counts of 1st-degree murder in the killings of bank customer Evonne Tuttle and bank employees Lisa Bryant, Lola Elwood, Jo Mausbach and Sam Sun. Vela was sentenced to death in 2007 for the botched heist at the bank about 90 miles northwest of Omaha. The high court found no merit to Vela's claims, including one in which he faulted his attorney for not advising him to plead guilty earlier in the case. Vela asserted he would not have been subject to the death penalty had he pleaded guilty earlier, because Nebraska enacted a revised death penalty law in late 2002 to comply with a U.S. Supreme Court ruling that said juries - not judges - should determine whether a defendant is eligible for the death
[Deathpenalty] death penalty news----OHIO, TENN., NEB., CALIF., USA
July 22 OHIOimpending execution Ohio argues against execution delays for 3 condemned inmates Ohio state attorneys argued on Friday against delaying 3 upcoming executions on grounds that the condemned killers have little chance of legal victory and repeated postponements are draining state resources. The state's 1st execution in more than 3 years is scheduled for Wednesday. Death row inmate Ronald Phillips is scheduled to die for the 1993 rape and killing of his girlfriend's 3-year-old daughter in Akron. He and 2 other inmates seek more time from the U.S. Supreme Court to appeal Ohio's lethal injection method. Their lawyers argue the procedure's 1st drug, the sedative midazolam, creates an unconstitutional risk of pain by not rendering prisoners deeply unconscious before 2 other drugs kick in. Midazolam has been used in some executions that were problematic, including in Ohio, Arkansas and Arizona. Phillips' attorneys argue they need time to appeal a lower court decision allowing Ohio to use the new method. The other drugs are rocuronium bromide, which paralyzes inmates, and potassium chloride, which stop their hearts. The attorneys want the delay because they believe the full Supreme Court will take their appeal of last month's ruling by the 6th Circuit Court of Appeals. That's because that decision runs counter to previous rulings by the high court, and because it "involves an issue of recurring and national importance," the attorneys said in Tuesday's filing. In Friday's response, the state disputed inmates' claims that Ohio has made inconsistent legal arguments as it has sought to legally defend its various, evolving execution protocols. Some changes were made necessary because of a lack of available drugs. "Petitioners allege Ohio made 'unequivocal promises' to 'never again...use a paralytic or potassium chloride.' Not so," the state wrote. "There is a wide gulf between what the affidavit says - that those drugs would not be used 'going forward' under the new protocol - and the argument that Ohio promised to never, under any circumstances, use those drugs." The request for the delay was made to Justice Elena Kagan, who handles such appeals for Ohio. Ohio argued the state risks "ongoing irreparable harm" if the delays are granted and that "Ohio's interests are harmed each time it has to stop and start implementation of its execution protocol." Lawyers note that training for an execution takes at least 30 days and requires 4 rehearsals. 6 are usually held. They said delaying Phillips' execution also runs the risk of delaying those executions scheduled after his. Phillips has separately sought an emergency stay on Wednesday's execution based on his age at the time of the murder. He was 19 and, he contends, just "slightly older" than the Supreme Court's cutoff of 18 for purposes of barring executions of juveniles. His request argues the age should be 19 or 21. Attorneys for the state said in another filing Friday that Phillips' arguments are legally baseless and misplaced. "Phillips is right that the Governor (John Kasich) has been considerate in ensuring that Phillips' case gets adequate review," they wrote. "But Executive grace is not boundless and Phillips' case has been adequately and lawfully reviewed." Kagan is expected to rule on both requests next week. (source: The Republic) Victims' families in Ohio need resources, not executions In 1997, my brother, James Nero, was brutally gunned down in a road-rage incident in Canton. After a minor accident, James insisted that the other driver provide his insurance information. Instead, the driver returned from his car with a gun and shot my brother in the face. Then he shot James again, point-blank as he lay on the pavement. James was just 20, and a proud father to an 18-month-old son. He was engaged to be married to his son's mother. Like every 20-year old, he had many plans and dreams. I thank God that I saw James on the last day of his life, because during our last time together, he hugged me and told me that he loved me. At least I have that to remember him by. When the court case about his murder was over, James was still dead. My family had never experienced the intense trauma of losing a loved one to murder, and we had no idea how to deal with the pain. No state or city agency ever provided our family with any information about resources available to help us deal with the situation. We had only ourselves and our church community. We were on our own, as far as the state of Ohio was concerned. The death chamber at the Southern Ohio Corrections Facility in Lucasville, Ohio. This is why when state officials and others say we have executions so that victims' families can have "justice," or "finality," or "closure," I say that's just political grandstanding. Most cases in which the death penalty could be imposed do not
[Deathpenalty] death penalty news----OHIO
July 18 OHIOimpending execution This killer turned prison chaplain shows what's wrong with the death penalty. Ronald Phillips is scheduled to die on Wednesday, July 26. It is the 7th time this death row inmate in Ohio has been slated for execution since he was sentenced in 1993 for brutally killing a child. Mr. Phillips's crime was horrendous: He raped and beat to death his girlfriend???s 3-year-old daughter, Sheila Marie Evans. That was 24 years ago when Mr. Phillips was 19 years old. Today, Ron Phillips is an unofficial chaplain at Ohio's Chillicothe Correctional Institution. He attends multiple church services each week and has spent time with other inmates discussing Bible readings and life's challenges. Chris Gebhart, a retired businessman and practicing Catholic, has worked with multiple death row inmates at the prison since 2012. Ron Phillips at 43 years old is a very different man from the disturbed young adult who killed Sheila Marie in 1993, says Mr. Gebhart. He has visited Mr. Phillips regularly, sitting shoulder to shoulder with the inmate for 2 hours every month, sharing stories and studying the Bible. Mr. Phillips is now a nondenominational Christian who deeply regrets what he did. "He is close to God," says Mr. Gebhart. "He feels it, and he is concerned about others. I would trust him with my life. I can't say that about too many people." National media are now watching the stories of Ron Phillips and 2 other Ohio inmates for their implications for death row prisoners across the country. All 3 are supposed to die by lethal injection using a cocktail of drugs that may not properly anesthetize prisoners. (Their attorneys are hoping to postpone execution once again by taking their cases to the Supreme Court.) But Mr. Phillips's story also raises a greater question: Can a person change so dramatically over the course of 2-plus decades that he no longer deserves to die? Mr. Phillips, says Chris Gebhart, is not asking to be set free. He is not asking for forgiveness, either. But Ron Phillips isasking for his life to be spared and to have his sentence commuted to life in prison without parole so he can spend his remaining days on death row as a fellow inmate and prison minister to his peers. It is something Mr. Phillips is uniquely positioned to do, says Mr. Gebhart. "There are guys in high-security prisons that wouldn't trust outsiders, but they would sit down with him because he's one of them," says Mr. Gebhart. "He can do so much good. He can reach people that other people can't reach." The pain and loss that anyone who loved 3-year-old Sheila Marie feels are unimaginable, especially knowing the disturbing details of her final days. In the minutes from Mr. Phillips's December 2016 parole board meeting, Sheila Marie's half-sister, Renee Mundell, noted that "Phillips took away her opportunity to watch Sheila grow up." The minutes describing the meeting also said: "It is difficult for [Mundell] to face the reality of the pain and fear her sister endured. It makes her sick to think about it." Both Ms. Mundell and Sheila Marie's aunt, Donna Hudson, asked the court to serve "justice" by executing Mr. Phillips. In support of their plea, on a Facebook page maintained in memory of Sheila Marie, visitors continually and passionately advocate for executing Ron Phillips. For many, the details of Mr. Phillips's appalling crime warrant the death penalty. But a closer look at the ways he has changed over 24 years makes it difficult to argue that the man he has become deserves to die. According to those same 2016 parole board minutes, "Phillips insisted what he did to Sheila was wrong, and he is the only person responsible for his actions." He said that he is "not the same arrogant, immature and selfish person who committed those crimes." He requested his sentence to be commuted to life in prison without parole. His plea was denied by the parole board 8 days later,10 votes to 2. Killing Ron Phillips will achieve a measure of vengeance, but it will not undo any of the terrible things he did to Sheila Marie. By now, Mr. Phillips's execution might not even serve justice; killing him releases him from the burden of thinking every single day about the horrendous crimes he committed. Catholic teaching opposes the death penalty in all but the rarest of circumstances. Pope Francis has gone even further saying, "Nowadays the death penalty is inadmissible, no matter how serious the crime committed." This case, in particular, highlights why capital punishment should be rejected: Had Ron Phillips been executed 20 years ago, he would not have had the chance to seek and find God, to continually repent for the crimes he committed and to become a leader, an instrument of faith and a voice of peace and love amongst his peers. How many more people like Ron Phillips - searching for salvation, open to change - fill our country's prisons? How
[Deathpenalty] death penalty news----OHIO, ARK., IDAHO, USA
July 8 OHIOimpending execution Executions court-approved to resume this month for Ohio's death row inmatesCondemned child killer Ronald Phillips has a date slated with the death chamber Ronald Phillips, age 43, has his third date with death. He is, now, scheduled for execution by lethal injection on July 26. On Wednesday, the United States Court of Appeals for the Sixth Circuit gave the state of Ohio thumbs-up for its lethal injection protocol. The state can resume executing inmates on death row with a 3-drug injection mixture. Phillips is slated to die for having raped and murdered his girlfriend's 3-year-old daughter in 1993 in Akron, OH. The court's July 5 opinion - an 8-6 conservative-liberal split - overrides the preliminary injunction that was rendered in January by Judge Michael Merz. As well, the decision reverses an April 3-judge appellate panel determination that upheld the injunction. Prior death injection drug cocktail stirred court challenges Using midazolam in the recipe for delivering death led to the higher court's decision-making and eventual opinion early this week. Judge Merz, in Dayton, opined that the drug, only 1 of 3, poses the substantial risk of "serious harm." In countering the lower court's contention, Judge Raymond Kethledge penned the majority opinion for the Sixth Circuit Court of Appeals. He states that "some" risk of pain goes hand-in-hand with "any" execution protocol, regardless of how humane. He additionally noted that the anti-death penalty advocate-plaintiffs did not definitely meet the criterion whether the drug cocktail does or is "very likely" to cause serious pain. Not since January 2014 has Ohio delivered death to condemned inmates on the state's death row. The last to die when the death sentence was carried out was Dennis McGuire. Witnesses alleged that McGuire snorted, gasped, and seemed to make snorting sounds when the midazolam cocktail was administered. The effect of McGuire's execution reportedly going haywire led to a legal challenge presented on Phillips' behalf, as well as for death row inmates Raymond Tibbetts and Gary Otte. In response, the state ceased performing executions, like McGuire's, that were administered with a previously "unused" drug cocktail protocol. Ohio introduced new lethal combo to overcome court setbacks Not to be dissuaded from exacting the death sentence on the condemned, Ohio created a new drug recipe which it proposed in response to legal challenges. The new and, it is hoped, improved protocol delivers a heart-stopping, paralytic combination: midazolam along with potassium chloride. With the higher court's ruling this week, Ohio is going over its mandated checklist in preparation for Phillips' upcoming death date. While the state declined to release checklist documents to The Associated Press, it did verify that the state is compliant with all the required steps for the execution protocol. Target for execution uses age appealing for mercy July 26 will mark Phillips' 3rd time in 2017 that he received an appointment with the death chamber. He received previous reprieves while legal arguments central to the injection protocol were decided In the lower courts. Most probably, attorneys will appeal Wednesday's court opinion to the U.S. Supreme Court for its determination that will affect life or death in Ohio for Phillips, Tibbetts, and Otte. Apart from the additional duo of death row inmates, Phillips has an appeal pending that draws his age into the picture for the court to consider. Though now age 43, he endeavors to have his age at the time of his crime weighed on whether his life should be spared. His appeal states that he should be a candidate for mercy since he was 19-years-old when he murdered his, then, girlfriend's toddler. Previously, the nation's highest court has banned executions of people under age 18. Ohio's Department of Rehabilitation and Correction is steadfast in its resolve to carry out court-mandated executions in a "dignified manner," according to its spokeswoman. (source: blastingnews.com) ARKANSAS: Lawyers to assess Griffen, justices Independent attorneys have been hired to look into cross complaints against Pulaski County Circuit Judge Wendell Griffen and the Arkansas Supreme Court, the Judicial Discipline and Disability Commission announced late Friday. The attorneys, Rachel Michel of Mississippi and J. Brent Standridge of Benton, were chosen by the 9-member commission after both of the agency's full-time lawyers recused from the cases in May. The cases assigned to the independent counsel revolve around competing complaints filed by both Griffen and the high court against each other in April, when Griffen was sanctioned from hearing any cases involving the death penalty in response to his outspokenness on the subject. Griffen has defended his actions, saying they are examples of freedom of speech
[Deathpenalty] death penalty news----OHIO, NEV., USA
July 7 OHIOimpending execution Ohio preparing for 1st execution in more than 3 years Ohio is following a mandatory checklist for putting inmates to death as it prepares for the state's 1st execution in more than 3 years, a prisons agency official said. The state wouldn't release documents related to those checkups to The Associated Press, saying open records law shields such information. "We can confirm, however, that to date all steps of Ohio's execution protocol have been complied with in preparation of the execution scheduled later this month," JoEllen Smith, prisons department spokeswoman, said in a statement. Ronald Phillips, who was convicted of raping and killing his girlfriend's 3-year-old daughter in 1993 in Akron, is scheduled to die July 26. It's his 3rd execution date of the year following earlier reprieves to allow legal arguments over the drugs Ohio plans to use. In a significant ruling, a federal appeals court last month opened the door to Phillips' execution and others by permitting Ohio's use of a contested sedative. That drug, midazolam, was used previously in problematic executions in Ohio, Arizona and Arkansas in which inmates didn't appear fully sedated before other drugs kicked in. Attorneys for death row inmates fell short in attempts to prove that "Ohio's protocol is 'sure or very likely' to cause serious pain," the appeals court said in an 8-6 ruling. An appeal of that decision to the U.S. Supreme Court is expected. Phillips, 43, also has separate federal appeals pending that argue his age at the time - he was 19 - should be a consideration for mercy. The nation's high court already has banned the execution of people under 18. "We're going to continue to fight as vigorously as we can to see that this execution does not go forward," said Tim Sweeney, an attorney representing Phillips. Executions have been on hold in Ohio since January 2014 when death row inmate Dennis McGuire gasped and snorted during the 26 minutes it took him to die, the longest execution in the state to date. The state used midazolam and a painkiller on McGuire in a method that's since been abandoned. What Ohio's protocols require: 30 days before the execution: -- The warden of the Southern Ohio Correctional Facility, where executions are carried out, determines whether the state has sufficient execution drugs and reports his findings to the prisons agency director. The state has said in court filings it has enough drugs to carry out at least 4 executions. --The execution team begins weekly training sessions. 21 days beforehand: -- Prison medical staff evaluates an inmate's veins and plans for the insertion of the IV lines. -- A member of the prison system's mental health staff evaluates the inmate's stability and mental health in light of the scheduled execution. 14 days beforehand: The warden of Chillicothe Correctional Institution, where death row is housed, verifies the inmate???s pre-execution visitors, his spiritual adviser, execution witnesses and funeral arrangements. (source: Associated Press) NEVADA: Court overturns death sentence in 1982 Nevada killingA federal court has overturned the death sentence of a Nevada prison inmate who killed a Reno car salesman in 1982 A federal appeals court has overturned the death sentence of a 65-year-old Nevada state prison inmate convicted of killing a Reno used car salesman in March 1982, just months after killing his girlfriend in Seattle. Tracy Petrocelli's murder and robbery convictions for shooting James Wilson were upheld by a 3-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco. However, the judges said in the Wednesday ruling that Petrocelli's constitutional rights were violated during penalty proceedings because his attorney wasn't present when he was interviewed by a psychiatrist who later testified for the prosecution. Petrocelli's attorney, A. Richard Ellis of Mill Valley, California, said Thursday he would let the court opinion speak for itself. Aides to Washoe County District Attorney Christopher Hicks and Nevada Attorney General Adam Laxalt said a decision had not been made whether prosecutors will retry Petrocelli's penalty phase in state court or seek a lesser sentence such as life in prison without parole. "We are in the process of further reviewing the 9th Circuit's decision," Laxalt spokeswoman Monica Moazez said. ? Petrocelli's name is invoked regularly in criminal courts in Nevada, after the state Supreme Court ruled in an appeal of his murder conviction that prosecutors must convince a judge during a pretrial hearing that evidence about so-called "prior bad acts" can be introduced to a jury. Prosecutors in Nevada told the Washoe County District Court jury that Petrocelli pleaded guilty in May 1981 in Washington state to kidnaping his 18-year-old girlfriend, Melanie Barker. He had not yet been convicted of
[Deathpenalty] death penalty news----OHIO, ARIZ., USA
June 28 OHIO: Cuyahoga County prosecutors to seek death penalty against man charged in f5 killings Cuyahoga County Prosecutor Michael O'Malley's office will seek the death penalty in the case of a North Canton man charged with killing 5 people earlier this month in Cuyahoga and Stark counties. A grand jury on Tuesday indicted George Brinkman on charges of aggravated murder, aggravated burglary, kidnapping and offenses against a human corpse in the killing a woman and her adult daughters in North Royalton. The charges include death specifications in the June 10 slayings of Suzanne Taylor, 45, and her daughters Taylor Pifer, 21, and Kylie Pifer, 18. Investigators believe Brinkman used a knife to slit Taylor's throat before he strangled Kylie Pifer with a telephone cord and smothered Taylor Pifer with a pillow in their North Royalton home. Brinkman is also charged in Stark County with murder in the deaths of a Stark County couple. Rogell Eugene John, 71, and his wife Roberta Ray John, 64, were found shot to death Monday afternoon at their home in Lake Township, the Stark County Sheriff's Office said. Brinkman was arrested after a 9-hour standoff in Brunswick. A SWAT team surrounded a home on Valley Forge Drive late Monday after learning he was there. He is being held on a $75 million bond. (source: clelveland.com) ARIZONA: Arizona seeks to shut down effort to give defense attorneys direct victim access A lawyer for 2 top state officials wants a federal judge to quash a bid by defense attorneys seeking access to crime victims and their families. In new court filings, Assistant Attorney General O.H. Skinner tells U.S. District Court Judge Steven Logan there is no legal basis for the claim by the Arizona Attorneys for Criminal Justice that they have a First Amendment free-speech right to approach crime victims, despite a law to the contrary. If nothing else, Skinner said attorneys don't have the same First Amendment rights as everyone else, at least not when it comes to their role as lawyers for criminal defendants. He also said that if the problem is with the Arizona law and how it is enforced, the challengers need to sue the people responsible for that - including state trial judges. And Skinner said any such challenge needs to be brought in Arizona courts when there is an actual dispute, not in a broad-based federal court attack. Hanging in the balance is a statute that says defendants, their lawyers and their investigators can only initiate contact with crime victims through the prosecutor's office. That includes the direct victims but also family members. Prosecutors are required to pass the request on. But they can also advise those the lawyer wants to interview that they have the legal right to simply say "no." The basis is the Victims??? Bill of Rights, a 1990 voter-approved constitutional amendment designed to spell out the rights of crime victims and their families. It includes things like the right to be present during all stages of the trial, to be notified of all events and to refuse to be interviewed. In filing suit against Gov. Doug Ducey and Attorney General Mark Brnovich, defense attorneys and the American Civil Liberties Union called the requirement to funnel requests for contact "an unconstitutional licensing requirement and prior restraint on speech." More telling, they argued to Logan that the additional hurdle interferes with their ability to save the life of a client convicted of murder. That's based on their contention that they're required to try to persuade family members not to push for the death penalty - wishes prosecutors may follow. Skinner, in his new legal filings, told Logan he needs to understand the importance of the law before he's tempted to void it. "The impetus behind this constitutional amendment was that for too long victims of crime have been 2nd-class citizens," he wrote. Skinner said arguments in favor of the measure would ensure that "victims would no longer be treated as just another piece of evidence." Assuming there's a legal basis to challenge the law - a point Skinner is not conceding - he said it cannot be done by asking Logan to void it. Instead, he said, if a defense attorney is denied access to a crime victim or family, that should be raised on a case-by-case basis with the presiding judge. "In any case where a plaintiff (attorney) represents a criminal defendant, that attorney can immediately raise the First Amendment challenge through a simple motion seeking leave to initiate contact with a victim directly," Skinner wrote. Anyway, he argued, the request to block enforcement of the law is flawed. Skinner said federal judges can grant injunctions only if those who file suit can show a "realistic danger" to themselves. But he told Logan there is no evidence that any criminal defense attorney is going to be prosecuted for breaking the law by
[Deathpenalty] death penalty news----OHIO, KAN., S. DAK., CALIF., USA
June 24 OHIO: Lincoln Rutledge's attorneys likely to cite mental health in opposing death penalty The Franklin County jurors who convicted Lincoln S. Rutledge on Thursday of purposely killing a Columbus police officer weren't allowed to consider his mental health. That changes Monday, when Rutledge's mental health is expected to be at the forefront of an effort by his defense attorneys to persuade the same jury that he shouldn't be sentenced to death. Under Ohio law, mental health is among what are known as mitigating factors that jurors can weigh in determining an appropriate sentence. If they decide that death is not appropriate, they must recommend a sentence of either life in prison without parole, or life with a chance of parole after 25 or 30 years. Their sentencing recommendation must be unanimous. During the trial, jurors heard testimony from Rutledge's ex-wife about how his mental health was unraveling in the months leading up to an April 10, 2016, standoff with a SWAT team during which Officer Steven Smith was fatally shot. Officers had tried to arrest Rutledge on a warrant accusing him of setting her house on fire. Instead, Rutledge barricaded himself inside his Clintonville apartment and began shooting. Common Pleas Judge Mark Serrott, at the urging of prosecutors, instructed jurors that they couldn't use evidence of mental-health problems in determining whether Rutledge was trying to kill officers or knew that he was shooting at officers. Defendants in Ohio can't use mental illness as a defense unless they are arguing that they are not guilty by reason of insanity, said Common Pleas Judge Stephen L. McIntosh, who presided over a death-penalty trial in 2008. But when it's time for sentencing, mental health and "just about anything else about the defendant can be considered as mitigation," McIntosh said. State law lists the mitigating factors to be considered, including "whether, at the time of committing the offense, the offender, because of a mental disease or defect, lacked substantial capacity to appreciate the criminality of the offender's conduct or to conform the offender's conduct to the requirements of the law." The law gives defendants "great latitude" in presenting mitigating factors, which can include the person's age, character, criminal record "and any other factors that are relevant to the issue of whether the offender should be sentenced to death." Defense attorney Jefferson Liston said Friday that testimony will be offered by a psychologist, as well as "family and friends as to the life of Lincoln Rutledge, which substantiate mitigating factors." Jim Crates, a death-penalty mitigation specialist based in Granville, said personality disorders are more commonly cited during mitigation than are diagnoses such as schizophrenia or bipolar disorder. "A significant majority" of death-penalty defendants "are very damaged human beings," Crates said. "We try to get a handle on why they are as damaged as they are. It can be family trauma, emotional abuse, sexual abuse." Mitigating factors shouldn't be viewed as mere excuses for criminal behavior, said Ronald Janes, a Columbus defense lawyer who estimated he has handled about 10 death-penalty cases. Anyone who is dismissive of mitigating factors should be excluded during the jury-selection process in a death-penalty case, Janes said. "The legislature decided that this is important, that these are factors that the jury should consider," Janes said. "It's up to the jurors to decide how much weight to give them." (source: Columbus Dispatch) * Man convicted of killing SWAT officer, could face execution A man accused of fatally shooting an Ohio SWAT officer during a standoff last year has been found guilty of aggravated murder and could face the death penalty. Lincoln Rutledge had pleaded not guilty to charges he shot Columbus officer Steven Smith in the head as officers were trying to arrest Rutledge on an arson warrant on April 10, 2016. Smith died 2 days later. A Franklin County jury returned the guilty verdict Thursday. Rutledge's ex-wife testified his mental health was unraveling in the weeks before the shooting. Rutledge's attorney argued Rutledge was firing blindly and may have been reacting to police attempts to break a window open. A message seeking comment from Rutledge's attorney was left at his office Thursday. A sentencing hearing begins next week. (source: Associated Press) KANSAS: DA files notice to seek death penalty in Fairmount Park attack Prosecutors have filed a formal notice announcing their intent to seek the death penalty against Cornell McNeal - the man accused of raping, beating and burning a woman in Fairmount Park nearly 3 years ago. McNeal on Friday was arraigned on capital murder, 1st-degree murder and rape charges connected to the Nov. 14, 2014, random attack on 36-year-old Letitia
[Deathpenalty] death penalty news----OHIO, ARK., COLO., CALIF., USA
June 19 OHIO: Rutledge apparently won't testify in his death-penalty case Jurors in the trial of suspected cop killer Lincoln S. Rutledge have been told not to return to court until Tuesday, apparently signaling that Rutledge will not testify in the death-penalty case. Franklin County Common Pleas Judge Mark Serrott had given defense attorneys a deadline of 11 a.m. Sunday to decide whether they will put any witnesses, including their client, on the stand. Jurors were told to call the judge's bailiff in the afternoon to find out if they were to report on Monday. Defense attorney Jefferson Liston did not immediately return a message seeking comment. The reason for the uncertain schedule wasn't explained to the jury, but was discussed by the judge and attorneys when the jurors were out of the courtroom. The attorneys were told that they will present closing arguments on Tuesday, leaving Monday for defense witnesses. Serrott did tell jurors on Friday to bring overnight bags on Tuesday in anticipation of being sequestered at an undisclosed hotel during their deliberations. Assistant Prosecutors Daniel Hogan and Warren Edwards rested their case Friday afternoon after calling 22 witnesses over parts of 5 days. Rutledge, 45, is charged with 11 counts, including aggravated murder, in the fatal shooting of Columbus police Officer Steven Smith on April 10, 2016. Smith was in the turret of an armored SWAT vehicle providing cover for other officers during a standoff at Rutledge's Clintonville apartment when he was struck in the head by a shot fired from inside a rear bedroom. If the jury decides that Rutledge purposely killed a police officer, tried to kill 2 or more people or purposely killed someone to escape apprehension he would be eligible for the death penalty. Such a verdict would require the jurors to participate in a sentencing phase during which they would hear mitigating factors from the defense before recommending a death sentence or life in prison. (source: The Columbus Dispatch) ** Facing Death, Tyrone Noling Pushes Ohio Supreme Court for More Access to DNA The Ohio Supreme Court will hear a new round of arguments Tuesday in a Northeast Ohio death-penalty case that has stretched on for more than a quarter century. Tyrone Noling has always maintained he didn't kill an elderly Portage County couple in 1990. No fingerprints or physical evidence links him to the crime, and his co-defendants in separate robbery cases long-ago recanted, saying police coerced them into implicating Noling. The latest appeal is focused on DNA testing. Noling wants the state high court to order that he gets access to the full results of the DNA testing of a cigarette butt and other evidence that the state has done - not just the summary. Noling also wants shell casings found at the scene to be compared to a federal database. And he wants the evidence to be retested using the latest DNA technology, saying all that would be in keeping with state law and court practice. But in their written arguments, Portage County prosecutors say Noling already got what he's entitled to under state law and that he has no further right to 'scrutinize, review, or analyze' the data. They also say there's no DNA evidence left for more testing. Noling is now 45. The victims, Cora and Bernhardt Hartig, were 81. (source: WKSU news) ARKANSAS: Religious objections law factors in Arkansas judge's case Wendell Griffen spoke out against a religious objections measure critics called discriminatory when it was debated by the Arkansas Legislature two years ago. Facing an investigation and impeachment threats over his involvement in an anti-death penalty demonstration, the Pulaski County circuit judge is now relying on that same law as he fights for his job and an opportunity to again hear capital punishment cases. A group of religious leaders defended Griffen on the steps of the state Capitol earlier this month against the criticism from lawmakers and the ethics investigation he's faced since he lay on a cot outside of the governor's mansion the same day he effectively blocked executions in the state. Griffen, who is also a Baptist pastor, says he was portraying Jesus as part of a Good Friday vigil with his church, but the scene evoked the image of an inmate awaiting lethal injection. The judge wore an anti-death penalty button while surrounded by people holding signs objecting to the state's execution plans. Days later, the state Supreme Court lifted Griffen's order prohibiting Arkansas from using a lethal injection drug a company said it didn't intend to be used for executions and disqualified the judge from hearing any cases involving the death penalty. The Judicial Discipline and Disability Commission is now investigating Griffen, as well as the judge's complaint against the court. Griffen argued the court's decision to disqualify him
[Deathpenalty] death penalty news----OHIO, ARIZ., NEV., CALIF., USA
June 8 OHIO: Death row inmate's request for new sentencing hearing denied Convicted killer Stanley Jalowiec has lost his latest effort to have his death sentence overturned. Lorain County Common Pleas Judge Chris Cook rejected a request from Jalowiec's attorneys to grant him a new sentencing hearing in a decision filed Wednesday. Jalowiec's lawyers had argued that a recent U.S. Supreme Court decision that found Florida's death penalty process unconstitutional should also invalidate Ohio's death penalty law. Richard Cline, chief counsel for the Ohio Public Defender's Office Death Penalty Department, had argued in court documents filed earlier this year and during a hearing last month that the two laws had similar problems because both placed the final decision in deciding a death sentence in the hands of a judge, not a jury. But prosecutors countered - and Cook agreed - that the 2 death penalty laws were substantially different. In Ohio, Cook wrote, jurors make a recommendation to the judge overseeing the case on whether a death sentence should be imposed. If a jury recommends death, then a judge can sentence a defendant to death or reduce the sentence to a life prison term. If jurors recommend a life prison term, a judge cannot impose a death sentence. That is different from Florida, where judges were allowed to sentence a defendant to death even if jurors recommended a life prison sentence, Cook wrote. Cook also noted that Ohio's death penalty laws have survived legal challenges over the years, and the process is largely unchanged from when Jalowiec was sentenced to death in 1996 for his role in the killing of police informant Ronald Lally. That means, Cook wrote, that even if he were to grant Jalowiec's request for a new sentencing hearing, the process that would be followed would be mostly the same as it was 21 years ago. "Ohio's death penalty sentencing statute remains constitutionally sound and practically unchanged," the judge wrote. Cline largely declined to discuss Cook's decision Wednesday. "We'll review the judge's order and act accordingly," he said. Cook's decision is the 2nd blow to Jalowiec's legal efforts this year. Last month, the Ohio Supreme Court refused to hear an appeal of decisions by lower courts not to grant him a new trial. Jalowiec, 46, claims to have been at his mother's house when Lally was shot, stabbed beaten and run over by a car in a Cleveland cemetery in 1994. Both a county judge and the 9th District Court of Appeals rejected his arguments that new evidence would prove it. Jalowiec also has been unsuccessful in his efforts to claim that his case was tainted by police and prosecutorial misconduct. In addition to Jalowiec, Raymond Smith was also sentenced to death for the Lally killing, but his sentence was later reduced to a life prison term after he was found be mentally handicapped. Jurors acquitted Daniel Smith, Raymond Smith's son, of involvement in Lally's death. (source: The Chronicle Telegram) ARIZONA: Child killer fights to avoid death penalty The case of a little girl killed almost 33 years ago is still alive in the courts today and we are getting a rare look at key evidence in the case. Frank Atwood was found guilty of killing 8 year old Vicki Lynne Hoskinson in 1984. He was sentenced to death. Now he is fighting appeals to stay alive, while the girl's family waits for his execution. In September 1984 Vicki Lynne Hoskinson got on her bicycle and rode off to mail a birthday card. Her family never saw her again. Frank Atwood was found guilty of killing her, in part on the strength of a mark of pink paint on his car bumper, that lab tests called a match for the paint on the little girl's pink bike. Evidence photos simulate Atwood's car hitting Vicki Lynne's bike. They also show a dent on the bumper that appears to fit the shape of one of the bicycle pedals. But 33 years later, Atwood is trying to avoid the death penalty by claiming that evidence was planted. Before 3 Federal judges from the 9th Circuit Court of Appeals, Atwood's lawyer, and an attorney for the state of Arizona argued over whether evidence from the car and bike can be believed. They also argued whether Atwood's original attorney made a mistake in Atwood's original trial that led to a death sentence. Atwood claimed he had been molested as a child, and he had a history of crimes against children. His original trial attorney kept that information out of the trial thinking it would make jurors more likely to convict. Now Atwood's appeals lawyer says that information might have avoided a death penalty. It is not clear when the judges will rule. The appeal could go all the way to the Supreme Court. (source: KGUN TV news) NEVADA: Trial set for next week in 9-year-old murder case Thomas Randolph had 6 wives. 4 are dead. On Monday, lawyers are scheduled to start picking jurors for
[Deathpenalty] death penalty news----OHIO, NEB., MINN., CALIF., USA
June 3 OHIO: Sheriff reopens 2009 investigation into death of Bogle suspect's girlfriend Sandusky County Sheriff Chris Hilton said Friday he has reopened an investigation into the 2009 death of a girlfriend of Daniel Myers, who in a separate case was arrested and charged this week in the murder of Heather Bogle. Leigh Ann Sluder, 37, who was living in the same trailer park as Myers, was found dead in her mobile home at Emerald Estates in Green Creek Township on Feb. 28, 2009. Myers called the sheriff's office that night and said Sluder had shot herself and that he had found her dead in the bedroom. Sluder's death was ruled a suicide. Bogle family 'thrilled' with arrest; judge denies bond for murder suspect A Sandusky County Sheriff's report, obtained Friday by The News-Messenger through a public records request, revealed that Sluder had been found on her bed with a gunshot wound through her chest and a rifle lying on the bed beside her. The report states that Myers told deputies Sluder suffered from mild depression. On Thursday Myers, 48, was arrested in Bogle's April 2015 slaying. He was charged with felony counts of aggravated murder - which could result in the death penalty - kidnapping, aggravated robbery and tampering with evidence. During Myers' initial court appearance in Sandusky County Court #1 in Clyde, Judge John Kolesar denied bond, deeming Myers a threat to the community. Myers is being held in the Sandusky County Jail and has a hearing scheduled for Thursday. According to Sandusky County Clerk of Courts' records, Myers previously had been arrested on separate occasions for child endangerment, domestic violence and assault. The domestic violence charge against Myers was dismissed in 2001. He pleaded no contest to an assault charge in May 2004 and served jail time from September through November 2004, according to court records. Bogle, a 28-year-old single mother, was murdered in April 2015. She had been shot twice in the back. Myers, Sluder and Bogle all worked at the Whirlpool plant in Clyde, Sandusky County's largest employer. (source: The News-Messenger) NEBRASKA: Judge gives death row inmate Lotter's attorneys new deadline A federal judge has given attorneys for an inmate on Nebraska's death row 6 months more to represent him but pressed them during a phone conference Friday about moving forward with whatever their next step will be. John Lotter, who was convicted in the killing that inspired the 1999 movie "Boys Don't Cry," could be the 1st of the 11 men now on death row in the state to be executed, once he has exhausted his appeals. In February, Senior U.S. District Judge Richard Kopf denied Lotter's latest federal petition challenging his murder conviction, likening it to a hail Mary pass. His attorneys, Rebecca Woodman and Jessica Sutton of the Death Penalty Litigation Clinic in Kansas City, Missouri, had asked Kopf to stay the case so they could raise issues over the state's method for determining death sentences in state court. Kopf refused and denied Lotter's habeas petition, in part because the attorneys hadn't gotten permission from the Eighth Circuit Court of Appeals to file it, as required. Lotter is appealing the order and also has a case pending in state court. On Friday, Kopf asked Woodman if the next step was an application for clemency. Woodman called clemency a fail-safe in the criminal justice system for those under a sentence of death and said it usually isn't sought until all other remedies have been exhausted and the state has sought a death warrant. Kopf asked how long this was going to go on, pointing out the attorneys were appointed in 2014. "I realize there have been intervening events," the judge said, alluding to Nebraska lawmakers voting in 2015 to repeal the death penalty, only to have it later reinstated by voters. "But I've got to move this matter along." Woodman said she believes other remedies remain available to Lotter. "This is not specifically a clemency issue. It's a legal issue," she said. When Kopf sought elaboration, Sutton, her co-counsel, mentioned cases raised in April in Arkansas, where 4 executions were stayed. Kopf said he didn't doubt that once an execution date is set - and the method of execution understood - that there may be subsequent actions that they may wish to challenge. "The drug protocol and on and on," he said. Kopf asked James Smith, solicitor general of the Nebraska Attorney General's office, if the state presently was in a position to execute Lotter. "Does it have the wherewithal to do that, the drugs or whatever it is you need?" the judge asked. Smith said the state could not proceed with the execution because to get an execution warrant it has to certify to the Nebraska Supreme Court that there are no proceedings pending in any court. "Procedurally we could not pursue a warrant while those cases are
[Deathpenalty] death penalty news----OHIO, IND., TENN., ARK.
April 27 OHIO: Court agrees to rehear lethal injection case in win for Ohio The state on Tuesday won a round in its efforts to restart executions in Ohio, though in the short term a court???s ruling will likely delay efforts to put a condemned child killer to death. At issue are arguments about Ohio's proposed use in executions of a contested sedative called midazolam and a debate over what a previous U.S. Supreme Court ruling said about the constitutionality of the drug. In January, federal Magistrate Judge Michael Merz said the state's 3-drug protocol, beginning with midazolam, "creates a substantial risk of serious harm." Earlier this month, a 3-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati agreed with the judge and kept his order against the execution process in place. The state appealed, asking the full 6th Circuit to rehear the case in the hopes it would come to a different conclusion. On Tuesday, the court agreed and set arguments for June 14. The court lists 14 full-time judges and several senior judges. Ohio argues that the U.S. Supreme Court upheld the use of midazolam in 2015 in a case out of Oklahoma. The appeals court ruling means at least 2 executions are now uncertain. On May 10, the prisons agency is set to put Ronald Phillips to death for raping and killing the 3-year-old daughter of his girlfriend in Akron in 1993. Phillips' execution has been delayed multiple times over the years. On June 13, the day before the appeals court arguments, Ohio plans to execute Gary Otte for shooting 2 people to death in back-to-back robberies over two days in Parma, in suburban Cleveland, in 1992. Republican Gov. John Kasich's office said it was trying to determine the impact of the ruling on the executions. The Department of Rehabilitation and Correction was also reviewing the decision. The agency "remains committed to carrying out court-ordered executions in a lawful and humane manner," said spokeswoman JoEllen Smith. Lawyers challenging Ohio's execution process said they believe the full appeals court will also be convinced that the state's current method is unconstitutional. Executions have been on hold since January 2014, when inmate Dennis McGuire took 26 minutes to die under a never-before-tried 2-drug method that began with midazolam. The same drug was involved in a problematic execution later that year in Arizona. (source: Associated Press) INDIANA: Indiana Supreme Court denies death penalty statute appeal The Indiana Supreme Court has turned down the request of a Gary man accused of slaying seven women to look at the constitutionality of the state's death penalty statute before he goes to trial. The Post-Tribune reports the court denied 46-year-old Darren Deon Vann's request Thursday, following suit with rulings in previous challenges in other Indiana cases. Vann argued the statute possibly violates the 8th Amendment prohibition on cruel and unusual punishment. His defense attorneys argued the issue should be addressed before a trial is set to save time and money. The defense says the decision impacts not only Vann but "every other pending death penalty case in Indiana." Vann has a status hearing Friday in Lake County to discuss pending matters in his case. (source: tribstar.com) TENNESSEE: Sixth Circuit denies AG's request to rehear death row case decision The full U.S. Court of Appeals for the Sixth Circuit has declined to reconsider a decision in favor of Tennessee death row inmate Andrew Thomas in the case of the fatal 1997 shooting of armored truck guard James Day in Memphis. The denial follows a decision by panel of judges in February that the state violated Thomas' due process rights when the prosecution failed to disclose to him that a witness had received $750 from the federal government before the trial. Tennessee Attorney General Herbert Slatery, Solicitor General Andree Blumstein and Associate Solicitor General Jennifer Smith had petitioned for a rehearing of the decision. Thomas' attorney, Robert Hutton, argued neither a rehearing by the panel of judges who issued the decision or review by the full court is warranted. No judge requested a vote on the suggestion to rehear the case before the full en banc court, resulting in a decision last week to deny the attorney general's request, according to court records. Judge Julia Gibbons, wife of former Shelby County District Attorney General Bill Gibbons, recused herself from participating in the court's ruling. With last week's ruling, both a rehearing by the panel of judges and by the full court have now been denied. The victim in the case was a Loomis Fargo armored car courier who was shot at lunchtime on April 21, 1997, at a Walgreens in the 4500 block of Summer. Day survived the shooting but died 2 years later on Oct. 2, 1999. The Safe Streets Task Force, a multiagency group of federal and
[Deathpenalty] death penalty news----OHIO, ARK., USA
April 16 OHIO: Expert: Death penalty cases different Jurors' perceptions are key in any criminal case, especially in a capital murder case, an expert on death-penalty law says. Add intense pretrial publicity, and judges - as well as defense attorneys and prosecutors - will do whatever they can to ensure that a defendant gets a fair trial and that jurors only decide the case and potential penalty based on what they see and hear in the courtroom - not outside of it, said Michael Benza, an instructor of law at Case Western Reserve University who is an authority on death-penalty law. Decisions such as whether a defendant should be cuffed or shackled not only in a courtroom but also outside in a public space all help to ensure that jurors in a death-penalty case base their decisions solely on what they hear in the courtroom, Benza said. "It really is a concern that when jurors see certain types of things, it can influence their decision-making process," Benza said. Sheriff Jerry Greene said Judge Maureen Sweeney had instructed that Robert Seman not be seen wearing handcuffs or other visible restraints in public areas of the courthouse, in case people in the building may be called to jury duty in the case or see Seman on television. That was designed to avoid giving people a negative impression of the defendant before his trial began. On Monday, Seman was dressed in civilian clothes and was not handcuffed or shackled as he was walked from the courtroom to an elevator to go to a holding cell in the courthouse before he jumped to his death. "If you see a person in the courtroom and he's wearing a prison outfit, you think he's a bad guy," Benza said. Typically, even in death- penalty cases, defendants are not wearing street clothes until jury instruction is actually underway and they are often kept out of sight of jurors at that time in the courthouse. Seman could have received the death penalty if convicted in the March 30, 2015, deaths of Corinne Gump, 10; and her grandparents, William and Judith Schmidt, in an arson at the home of the Schmidts. But because the case was so highly publicized, Seman had appeared at all of his hearings since his indictment in June 2015 in street clothes. Most pretrial hearings, even in death penalty cases, are not covered by newspapers or television. In the Seman case, the media covered every hearing. Benza said there is a tendency for people involved in capital cases to do things they wouldn't do in any other case because of the high stakes and the potential for many years of litigation and appeals. Benza also addressed how publicity, specifically comments on news stories on social media sites or websites of media outlets, also plays into thinking of both attorneys and a judge during a trial. Benza said a story about a case could be neutral but the comments from readers could be so inflammatory that they could taint a jury pool. Seman's case was heavily publicized on the internet and generated heavy comments on social media sites, the majority of those comments against him. 2 attempts to pick a jury locally failed, and Judge Sweeney granted a defense motion to move the trial. She chose Portage County, where jury orientation was to begin last Wednesday. Several court cases address restraining inmates in front of jurors. The main one is a 1970 case, Illinois v. Allen, where the Supreme Court ruled against a defendant's motion for a new trial in a robbery case based on the defendant's argument that he was shackled in front of a jury. The high court, however, wrote in its opinion: "The presence of restraints tends to erode the presumption of innocence that our system attaches itself to every defendant," and that quote is cited in almost all cases where appeals are made based on defendants who are visibly restrained before jurors. The high court cited this opinion in a 2004 case, Deck v. Missouri, where a man sentenced to death appealed his sentence because he argued he was shackled in front of jurors during the penalty phase of his murder trial. The high court wrote that having defendants appear without shackles is a practice that dates back to English common law and they can only be used if a "special need" arises. In the Deck case, the U.S. Supreme Court reversed the defendant's death sentence and sent the case back to the lower court for resentencing. (source: Youngstown Vindicator) ARKANSAS: ttorney General Files Petition to Arkansas Supreme Court After Lethal Drug Blocked State officials challenged 1 order Saturday and vowed to fight the other. The rally was attended by actor Johnny Depp and by Damien Echols, who spent almost 18 years on Arkansas' death row. Arkansas has said this scheduled is needed because one of its lethal drugs will expire at the end of the month. The inmates challenged the state's unprecedented plan, arguing the hasty timetable and the drug used to
[Deathpenalty] death penalty news----OHIO
April 10 OHIO: Robert Seman jumps to his death at courthouse Robert Seman has thrown himself off the fourth floor of the Mahoning County Courthouse and is dead. Seman had a status hearing in his death penalty case and threw himself off the balcony onto the floor of the rotunda. A Vindicator reporter witnessed the jump. A news team is at the scene and reports that Seman's body lays covered by a white sheet on the marble floor of the courthouse rotunda at the first floor level. His outstretched arms are visible from under the sheet. Seman was dressed in civilian clothes for the hearing and was wearing a white long-sleeved shirt. Yellow crime scene tape is being stretched around the columns in the rotunda surrounding the body. A crowd has gathered at the scene. Standing near the body is Seman's attorney Tom Zena. Mahoning County Sheriff Jerry Greene has told the deputies staffing the metal detectors at the entrances to let no one else into the building. Seman faced the death penalty if convicted of the March 30, 2015, deaths of Corinne Gump, 10, and her grandparents, William and Judith Schmidt, in an arson at their Powers Way home the day Seman was to go on trial for raping the girl. Assistant Prosecutor Dawn Cantalamessa, lead prosecutor on the case, said that she thinks "it's telling" that Seman leaped to his death instead of taking his chances at trial. Cantalamessa said she is surprised because Seman had proclaimed his innocence and there was no mention of any problems by his attorneys. She said she was looking forward to trying the case because the evidence was strong and that the case just about fits every specification for the death penalty. Jury orientation in Seman's capital murder trial was to begin April 12 in Portage County Common Pleas Court. The trial of Seman, 48, of Green, was being moved to Portage County after attempts to pick a jury in September and January in Mahoning County were unsuccessful because of pretrial publicity. (source: Youngstown Vindicator) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----OHIO, ARK., MO., MINN.
April 9 OHIO: Death penalty debate continues Trumbull County Prosecutor Dennis Watkins said it may be premature for people opposed to the death penalty to call it dead in Ohio. "In Trumbull County, the system works and due process takes place daily with judges and jurors doing their jobs every day," Watkins said. "Every poll in Ohio and the U.S. since I have been prosecutor in 1984 ... shows a majority of citizens supporting the death penalty in Ohio and most of the United States. Some states have repealed the death penalty, but under the United States Constitution, it is not cruel and unusual punishment to have and use the death penalty for murders." Kevin Werner, executive director of Ohioans to Stop Executions, disagrees, saying, in part, an execution in Ohio hasn't been carried out in more than 3 years after the process was suspended because of legal challenges over how the state puts people to death. "Ohioans accept that capital punishment is coming to an end. Our state and county coffers will welcome the cost savings and more sound public policy," Werner said. Ohio suffered a blow Thursday when a federal appeals court rejected the state's new 3-drug lethal injection process. In a 2-1 decision, the 6th U.S. Circuit Court of Appeals in Cincinnati found the proposed use of a contested sedative - midazolam - unconstitutional. The court also ruled Ohio's planned use of 2 other drugs the state abandoned years ago prevents their reintroduction in a new execution system. Executions have been on hold since January 2014, when inmate Dennis McGuire took 26 minutes to die under a never-before-tried 2-drug method that began with midazolam. Ohio announced its 3-drug method in October. An appeal is likely. Options included asking the full appeals court to consider the case or appealing straight to the U.S. Supreme Court, said Dan Tierney, a spokesman for the Ohio Attorney General???s Office. Said Werner, "The death penalty system in Ohio is collapsing in nearly every measurable way. The trends we see are striking. Ohioans are choosing life sentences as the appropriate punishment for these worst-of-the-worst crimes." Indictments containing the possibility of death as punishment were down in Ohio 30 % in 2016 compared to the year before, according to a news release from the anti-execution group. Information from the attorney general's office shows 4 new death sentences were added in Ohio, but three were removed for resentencing or retrial. Also, figures from the office show 6 counties with a high number of inmates on death row - Trumbull, Mahoning, Hamilton, Lucas, Stark and Summit - did not file a new death penalty case in 2016. But in March, capital murder charges were filed against Nasser Hamad of Howland, who is accused of killing 2 and wounding 3 others March 25 at his home. In Mahoning County, capital defendant Robert Seman's trial, which has been moved because of difficulties in seating an impartial jury, will start this month in Portage County. Seman is accused of killing 3 while setting fire to a Youngstown home. He was indicted in 2015. There are 139 people on Ohio's death row, including 1 woman, Donna Roberts of Trumbull County. 25 executions are scheduled in Ohio in the next 4 years, including Mahoning County's John Drummond, who is scheduled to die Sept. 17, 2020. The next execution in Ohio is scheduled for May 10. Opponents say there are trends that show judges and juries are choosing options other than death. Between 2012 and 2015, Ohio prosecutors sought the death penalty in 122 cases, according to the Ohio Supreme Court's Capital Indictment Table. While death penalty cases from this time period produced 9 new death sentences, most concluded with alternative sentences. Watkins, however, has another take on the numbers. "Because we have individualized sentencing, no 2 defendants are ever treated the same. This is as it should be. Therefore, results will vary as would be expected," Watkins said. Trumbull County statistics bear that out. There was an 11-year gap between Roberts' sentence in 2003 and David Martin's death penalty conviction. Assistant Trumbull County Prosecutor LuWayne Annos said juries have recommended the death sentence in 5 cases - Sean Carter, Stanley Adams, Nate Jackson, Roberts and Martin - since the legislature gave an option of life without parole in capital cases. Since July 1, 1996, 6 capital murder defendants were sentenced to life without parole after juries in Trumbull County were given the ability to make that recommendation. But, "the real question is how many more years will we tolerate the enormous costs, the bias, and the risk of executing innocent people?" Werner said. Watkins said he would rather look at an issue of fairness. "Some would say that it would be unfair to execute 1 robber who was caught leaving the scene of a murder when the accomplice got away and never
[Deathpenalty] death penalty news----OHIO, ARK., CALIF., USA
March 21 OHIO: Vigil at St. Gerard calls on ending death penalty The Catholic Church has long been known for its stance in defending the rights of unborn children. However, a prayer vigil held Monday took a more controversial approach to the life/death issue. The St. Gerard Catholic Church held a prayer service to end the death penalty. The Rev. Michael S. Sergi said the problem lies within everyone's definition of judgment. "All life is sacred and precious to God, no matter who they are," Sergi said. "Justice is needed. However, death isn't justice, it is revenge." Sergi said he wished that the church would have been filled to hear the message. With about 40 people in attendance, he said it still did not negate the impact that could be made. "Jesus started with 12," Sergi said, "and look what he did." Sergi recalled a time dealing with the death penalty himself when at a church in another state several years ago. A police officer at his parish was killed in the line of duty, and Sergi was called to help with the family during the grieving process. The killer was later captured and put on death row. Some of the family reveled in the capture and were eager to see "justice done." Sergi was called by the wife several years later after the killer was put on death row. "She was in the hospital, but she was doing fine," Sergi said. "She had called me to say the date of execution had been finally set." The wife was receiving hate mail calling on her to do the right thing and try and have the execution stopped. She asked Sergi what she should do. "I told her I understood the hurt and the anger," Sergi said, "but that the state doesn't have the right to take a life. It is against the law of God." Sergi said the woman knew he would answer that way, but that she had to hear it. Together, they prayed for her dead husband. She had since remarried. They then also prayed for the man on death row. He said that was the type of prayer needed to combat the issue. "Tonight, we come with the powerful weapon of prayer," Sergi said. "We have to call upon the government, upon all of the governors, and change their hearts from revenge. We need to love our enemies. We need to stop the killing." (source: limaohio.com) ARKANSAS: Arkansas's Reckless Plan to Execute 8 Men in 10 Days Could End in State-Sanctioned Torture Before Death Between April 17 and 27, Arkansas Gov. Asa Hutchinson plans on doing what should be inconceivable: executing 8 prisoners in 10 days. After killing no prisoners in the last 12 years, the state is rushing to execute these 8 men before the controversial execution drug it needs to carry them out expires on April 30. The drug, Midazolam, has been directly linked to past botched executions, but that hasn't stopped Hutchinson from planning a killing spree in a few weeks. By racing to use a drug known to play a part in botched executions, the governor risks debasing the state of Arkansas, its citizens, and the very American traditions of justice by torturing prisoners to death. In a hospital setting, Midazolam is prescribed by doctors to calm patients' nerves or act as a sedative for minor procedures. It is not used to put patients under for surgery, let alone anesthetize prisoners before killing them. And when Midazolam is combined with the 2 other drugs used during the execution - vecuronium bromide and potassium chloride - it produces unspeakable pain before death. We know this because it's happened before. The most recent Midazolam botch occurred during Alabama's December execution of Ronald Bert Smith. His execution took 34 minutes, during which time Smith heaved and coughed for 13 minutes. His attorneys reported that he remained conscious, responding to corrections officials, well into the execution. In 2014, the state of Ohio relied on Midazolam with the same horrific results. That same year, a similar nightmare transpired over the course of 2 long hours after Arizona used 15 repeated doses to execute Joseph Wood before he finally stopped coughing and, gulping once, died. These botches together have led an Ohio judge to halt future executions using Midazolam, while Florida and Arizona have also abandoned it. Beyond the cruelty of using a defective drug to kill someone, Arkansas is upping the probability of something going terribly wrong by ratcheting up the pace of its executions. Double and triple executions are rare in the history of the U.S. death penalty and haven't occurred in close to 20 years. When they did happen, it was in a bygone era when states were annually executing 3 and 4 times as many people as they do today. Even then, no state attempted, as Arkansas plans for this April, 4 double executions in 10 days. The last state to attempt a double execution was Oklahoma, when, also using Midazolam, it botched the execution of Clayton Lockett. The prison warden himself called it a "bloody
[Deathpenalty] death penalty news----OHIO, IOWA, CALIF., USA
Feb. 24 OHIO: High court declines to hear death row inmate's appeals The Ohio Supreme Court on Wednesday denied 2 motions by an attorney for death row inmate Nathaniel E. Jackson, including 1 asking them to reconsider their decision last year not to vacate his death sentence. The court announced it will not hear Jackson's appeals because of lack of jurisdiction. Jackson, 45, remains on death row, with a scheduled execution date of July 15, 2020, according to Trumbull County assistant Prosecutor LuWayne Annos. However, Annos said Jackson has 2 appeals still pending: a Writ for Certiorari with the U.S. Supreme Court seeking re-sentencing, which was denied last August by Ohio's high court, and an appeal before Trumbull County Common Pleas Judge Ronald J. Rice, which seeks a motion for leave for a new trial. Rice took over the case from the late Judge John Stuard, who re-sentenced Jackson to death on Aug. 14, 2012, after being ordered to do so by the Ohio Supreme Court because of the judge's error during the 1st sentencing after the 2002 trial. Jackson was found guilty in the 2001 murder of Robert Fingerhut of Howland and was sentenced to death by Stuard. Jackson remains on death row at Chillicothe Correctional Institution. The 11th District Court of Appeals vacated Jackson's initial death sentence when it found an assistant prosecutor improperly assisted the trial judge in preparing the sentencing opinion. Jackson's co-defendant, Donna Roberts, also convicted of murdering Fingerhut, is awaiting a decision in her 3rd appeal for relief from the Ohio high court. Roberts, the only woman on Ohio's death row, claimed Rice had re-sentenced her without physically seeing her in court for a penalty phase. In Jackson's appeals to the Ohio Supreme Court, the court on Wednesday refused Jackson's bid for post-conviction relief that Rice denied in 2013 and the 11th District court affirmed in 2014. The high court also refused to hear Jackson's appeal for a new trial, which both Stuard and the 11th District court denied. An attempt to reach Jackson's attorney, assistant state public defender, Randall L. Porter of Columbus, was unsuccessful. Donna Roberts lived with Fingerhut, her ex-husband, on Avalon Drive in Howland and Fingerhut had two life insurance policies worth a total of $550,000 in which Roberts was named the sole beneficiary. Roberts began an affair with Jackson, which continued while Jackson was confined in the Lorain Correctional Institution. While in prison, Jackson and Roberts exchanged numerous letters and spoke by phone, with the prison authorities recording many of the conversations. Passages from the letters and calls indicated the 2 plotted to murder Fingerhut, and at Jackson's request, Roberts purchased a ski mask and pair of gloves for Jackson to use during the murder. Roberts picked up Jackson from Lorain Correctional when he was released and 2 days later, Fingerhut was shot to death in his home. Police searched the house and found 145 handwritten letters and cards that Jackson sent to Roberts and when they recovered Fingerhut's stolen car in Youngstown, they found a bag with Jackson's name on it with 139 letters Roberts had sent to him. When Jackson was arrested, he claimed he shot Fingerhut in self-defense. (source: Tribune Chronicle) IOWA: Iowa GOP senators seek reinstatement of limited death penalty A group of majority Senate Republicans wants to reinstate a limited death penalty in Iowa in cases where an adult kidnaps, rapes and murders a minor. Senate File 335 would restore capital punishment in Iowa for the 1st time since 1965 by establishing a 2-pronged process whereby a jury or judge could convict a perpetrator of committing multiple Class A offenses and separately a decision could be rendered to execute the offender via lethal injection. Any death penalty conviction would automatically be appealed to the Iowa Supreme Court and juvenile offenders would not be eligible for capital punishment. "It's narrowly scoped," said Sen. Jake Chapman, R-Adel, 1 of 6 GOP senators who introduced a death penalty measure on Wednesday. Sen. Rick Bertrand, R-Sioux City, also filed a death-penalty bill with slightly different provisions. "Right now there is no criminal charge difference," said Chapman, who noted that committing one or more Class A felonies carries a maximum penalty of life imprisonment so there's no deterrent for a kidnapper or rapist not to kill the victim. "What this says is that if you do all 3, you are going to be in line for the death penalty," he noted. "Not only is it a deterrent from someone thinking of taking that next step having kidnapped and raped and then considering killing that individual, it also is - for me - the penalty is fitting for the crime. So you have 2 aspects: you have the deterrence but then you also have if it does happen, what is the proper, just punishment for
[Deathpenalty] death penalty news----OHIO, W. VA., IND., ARK., COLO., UTAH, IDAHO, USA
Feb. 22 OHIOnew death sentence 50-year-old man sentenced to death for the 1987 murder of a 75-year-old woman in Euclid A 50-year-old man has been sentenced to death for the murder of a 75-year-old woman in Euclid. According to the Cuyahoga County Prosecutor Andre Jackson was convicted of aggravated murder, aggravated robbery and sentenced to death for the murder of Emily Zak. On June 25, 1987 Jackson murdered Zak in a laundromat in Euclid where she worked. Jackson kicked, punched and stomped Zak to death, he then pushed her head in a toilet. The Cuyahoga County Prosecutor said Jackson stole the cash register and register keys. Jackson has filed a retro-active Atkins Claim. This is an Eighth Amendment principle requiring juveniles and those with mental retardation to be excluded as classes from the death penalty. (source: WOIO news) *** Court considers constitutionality of Ohio execution process A federal appeals plans to consider arguments over the constitutionality of Ohio's lethal injection process as the state tries to start carrying out executions once again. At issue is whether a contested sedative, midazolam, is powerful enough to put inmates into a deep state of unconsciousness before 2 subsequent drugs paralyze them and stop their hearts. A related issue is whether Ohio has a realistic chance of finding an alternative drug - a barbiturate called pentobarbital - that once was widely used in executions but has become difficult or, in Ohio's case, impossible to obtain. The 6th U.S. Circuit Court of Appeals in Cincinnati had scheduled arguments for Tuesday, but reset them for March 7. The court's ruling, likely a few weeks afterward, will be closely watched not just in Ohio but in other states that use midazolam or might be looking to try it. The case reached the court after Ohio appealed a federal judge's ruling that rejected the state's current 3-drug method. Executions have been on hold since January 2014 when inmate Dennis McGuire took 26 minutes to die under a never-before-tried two-drug method that began with midazolam. The same drug was involved in a problematic execution later that year in Arizona. Ohio announced its 3-drug method in October, and said it had enough for at least 4 executions, though records obtained by The Associated Press indicated the supply could cover dozens of procedures. The prison system used 10 milligrams of midazolam on McGuire. The new system calls for 500 milligrams. The state said there's plenty of evidence proving the larger amount will keep inmates from feeling pain. Ohio also said the U.S. Supreme Court upheld the use of midazolam in 2015 in a case out of Oklahoma. "Ohio has the capability to perform constitutional executions now. It should be permitted to do so," Thomas Madden, an assistant attorney general, said in Ohio's appeal. Attorneys for death row inmates said Magistrate Judge Michael Merz got it right in last month's ruling, when he said that the "3-drug midazolam protocol creates a substantial risk of serious harm." Those attorneys also said the U.S. Supreme Court case involved evidence unique to Oklahoma. And they said Ohio has an alternative option: finding pentobarbital. Ohio disagrees, and said that over time it asked 7 states in vain for the drug. Of the 7, only Georgia, Missouri and Texas appear to have reliable sources of pentobarbital when needed. Those states won't reveal the source. On Feb. 10, Republican Ohio Gov. John Kasich delayed 8 executions to allow time for the appeals court arguments. Ronald Phillips, who was scheduled to die Feb. 15 for raping and killing his girlfriend's 3-year-old daughter in Akron in 1993, is now set for execution May 10. (source: Associated Press) WEST VIRGINIA: Shepherd to host panel discussion on death penalty The Shepherd University Common Reading Program, George Washington Institute of Living Ethics and Shepherd University Foundation will sponsor a panel discussion titled "Sick Behind Bars: The Ethics of the Incarceration of the Mentally Ill." The event will be Thursday, March 2, at 7 p.m. in the auditorium at the Robert C. Byrd Center for Congressional History and Education. Panelists will include: -- Richard Dieter, former executive director of the Death Penalty Information Center -- Jim Auxer, clinical psychologist at Eastern Regional Jail and mayor of Shepherdstown, W.Va. -- Don Patchell, a clinical psychologist at the Hope Center at the Veterans Affairs Medical Center in Martinsburg, W.Va. -- Michael Lorensen, 23rd Judicial Circuit judge The discussion will be moderated by Amy Hampton, a lecturer in Shepherd's Department of Social Work. Admission to the event is free. (source: heraldmailmedia.com) INDIANA: State asks U.S. Supreme Court to take up Kubsch death penalty case If state officials have their way, the death penalty case stemming from a 1998
[Deathpenalty] death penalty news----OHIO, ARK., MO., NEB., MONT., ARIZ.
Feb. 11 OHIO: State postpones executions again, adds 5 more Gov. John Kasich has postponed 8 scheduled executions as the state continues to work through legal challenges and attempt to locate supplies of the drugs it uses to put inmates to death. The move Feb. 10 comes a couple of weeks after a federal magistrate judge blocked 3 executions that were scheduled through April, ruling that the new lethal injection process adopted by the state was unconstitutional. Ronald Phillips, who was convicted in the brutal rape and murder of an Akron girl in 1993, was scheduled to be executed next week. He's now scheduled for execution on May 10. Gary Otte, who faced a March 15 execution date in the killing of 2 people in Cuyahoga County in 1992, has been moved to June 13. And Raymond Tibbetts, facing an April 12 execution for the murder of his wife an an elderly man in Hamilton County in1997, was pushed back to July 26. The postponements continue a years-long legal challenge over Ohio's lethal injection protocols, following the execution of Dennis McGuire in January 2014. McGuire, who received a capital sentence for the rape and murder of a pregnant Preble County woman, gasped for breath during what witnesses described as a prolonged procedure under the state's 2-drug execution method. In early 2015, state prison officials abandoned that combination, switching to 2 different drugs, though that protocol has not been used. The state and others have struggled to find supplies of execution drugs, after manufacturers blocked their use for lethal injections. State law changes enabled the purchase of drugs from compounding pharmacies, under legislation that allowed the names of those businesses to be kept secret, but prison officials have not identified or obtained supplies in that way. In October, state prison officials announced a new 3-drug lethal injection protocol, using midazolam, rocuronium bromide and potassium chloride. But a federal magistrate judge last month ruled the new process was unconstitutional, noting in documents, "The court concludes that use of midazolam as the 1st drug in Ohio's present 3-drug protocol will create a 'substantial risk of serious harm' or an 'objectively intolerable risk of harm'" The governor's office announced Friday that a pending review by the Sixth Circuit Court of Appeals was not expected to be completed in time already-scheduled executions. According to the governor's office, "Accordingly, these delays are necessary to allow the judicial process to come to a full resolution, and ensure that the state can move forward with the executions." Asked earlier this month whether the state would ever in a position to execute inmates, Kasich responded, "I don't know. I just don't have the answer to that We have a guy that raped and murdered a 3-year-old girl. He's next in line. I can't tell the judges what to do. Some of them are probably philosophically opposed to the death penalty. No matter what we do, they're going to remain opposed to it. I don't have any better answer to that." He added, "I would like to proceed. There's no joy or anything in this. It's just it's a matter of justice, particularly for the families that have been aggrieved. We'll do the best we can." Kasich has postponed executions on several occasions since McGuire's death. Other dates that were pushed back Feb. 10 included: Alva Campbell, Jr., convicted in the 1997 murder of a Franklin County man, to Sept. 13 from May 10. William Montgomery, convicted in the 1986 murder of 2 women in Lucas County, to Oct. 18 from June 13. Robert Van Hook, convicted in the 1985 murder of a Hamilton County man, to Nov. 15 from July 26. Jeffrey A. Wogenstahl, convicted in the 1991 murder of a Hamilton County girl, to April 17, 2019, from Sept. 13. Melvin Bonnell, convicted in the 1987 murder of a Cuyahoga County man, to April 11, 2018, from Oct. 18. More than 30 executions are scheduled through early 2021. (source: Twinsburg Bulletin) Ohio governor delays 8 executions as court fight continues Gov. John Kasich on Friday delayed 8 executions as a court fight continues over the constitutionality of the state's lethal injection process. Kasich's announcement postponed the execution of a condemned child killer scheduled for next week until May and moved 7 other procedures months into the future. The Republican governor said the timing of arguments before a Cincinnati federal appeals court necessitated the delay. The court is hearing Ohio's appeal of a federal judge's order finding the state's latest execution process unconstitutional. Kasich said he's confident Ohio will win the appeal but that the court calendar didn't provide enough time to prepare for executions scheduled this month, next month and April. "These delays are necessary to allow the judicial process to come to a full resolution, and ensure that
[Deathpenalty] death penalty news----OHIO, S.DAK., IDAHO, NEV., CALIF.
Feb. 3 OHIO: Jury process to start for 2nd time in Seman case About 160 potential jurors are expected today to report to Mahoning County Common Pleas Court for the 2nd attempt at picking a jury in the Robert Seman capital murder case. Jurors will report about 1:30 p.m., take their oaths, then fill out paperwork. After they are done, individual questioning of jurors is expected to begin next week. Seman, 48, of Green, could face the death penalty if convicted in the March 30, 2015, deaths of Corinne Gump, 10, and her grandparents, William and Judith Schmidt, during a March 30, 2015, arson at their Powers Way home on the South Side. He's charged with aggravated murder in each death. Jury selection was just starting in the case in September when it was halted after 1 of the members of the jury pool made disparaging remarks about Seman to other jurors. Defense attorneys asked for a mistrial, which Judge Maureen Sweeney granted. To avoid a repeat of that this time, Judge Sweeney has instituted a number of measures, starting with bringing in jurors on a Friday afternoon, which is typically the slowest day of the week, allowing for more deputies who work security at the courthouse to be available. hearing innovations Jurors also will be separated into several small groups, and each will be watched over by a deputy who can monitor conversations and report anything inappropriate to the judge. The jury-selection process is expected to take several weeks. Seman's attorneys have filed a motion to change the venue of the trial because of intense pretrial publicity. Judge Sweeney has said in numerous pretrials she will not rule on the motion unless there is difficulty in picking 12 jurors and four alternates for the case. The new jury pool had contained 400 names, but it was whittled down considerably because of jurors who cannot serve and other jurors who could not be found to issue them their summonses to jury duty. At the time of the fire at the Schmidts' home, Seman was free on $200,000 bail and facing a charge of raping Corinne, a charge that carries a life sentence. The fire was set just hours before his trial was to start in that case. Death-penalty specifications that Seman meets include killing 2 or more people; killing someone in the commission of a felony, in this case aggravated burglary and aggravated arson, of which he is also charged; wanting to escape prosecution from a crime; causing the death of someone under 13; killing the victim or witness to a crime; and using premeditation. If jurors find Seman is eligible for the death penalty, a 2nd phase of the trial, or mitigation phase, will begin. In that phase, defense attorneys will try to offer factors to jurors to persuade them not to sentence their client to death. Only a jury can recommend a death sentence. Judge Sweeney can accept or reject that recommendation. (source: vindy.com) SOUTH DAKOTA: Read a South Dakota death row inmate's letter asking to die A letter that represents a turning point in a South Dakota death row case has been unsealed by judge for the public to see. Inmate Rodney Berget, convicted of killing a prison guard in 2011, wrote to Judge Doug Hoffman in August to ask permission to end his appeal and face execution. Berget wrote that he worries the death penalty will soon be repealed in South Dakota, and that he doesn't want to spend another 30 years behind bars. His attorney, Eric Shulte, has fought to keep his client's appeal alive. He said he wants to review Berget's functionality and mental capacity to see if he is eligible for the death penalty. Attorney General Marty Jackley has asked the judge to comply with Berget???s wishes. Judge Hoffman has yet to make a decision. Here's the text of the letter Berget wrote: Judge Hoffman, First this is I'm not no attorney so I'm not going to try and talk like one and have to look up all the big words in a dictionary ... I'm going to put this in my words the way it should be. I'm writing you this letter in regards to the letter you received from my lawyers Cheri Scharffenberg and Jeff Larson. I also believe you had a conversation with them in chambers on this matter. This is in regards to me stopping my habeas claims that they are working on and I would also like to have you stop the work that Mr. Eric Schulte my independent counsel is working on. These are my requests and move forward with getting a [sic] execution date. I know that I am competent to make these decision for myself. I have talked to my attorneys about my decision on this matter as you know. This is not something I just woke up and said I'm going to do today. I've been think about it for years I also know once the decision is made the decision is made and there is no turning back and say I change my mind. Some reasons why. Growing up I always though the best thing for my son would be for me to stay out of his
[Deathpenalty] death penalty news----OHIO, NEB., NEV., CALIF.
Jan. 26 OHIO: Federal judge rejects Ohio's new lethal injection process A federal judge has declared Ohio's new lethal injection process unconstitutional and delayed three upcoming executions. The ruling Thursday by Magistrate Judge Michael Merz followed a weeklong hearing over the 3-drug method Ohio planned to use Feb. 15 on death row inmate Ronald Phillips. Merz rejected Ohio's use of a sedative used in problematic executions in Arizona and Ohio. The judge also barred the state from using drugs that paralyze inmates and stop their hearts. Lawyers for Phillips argued the method announced last year is worse than a similar procedure used years ago. The state defended the new process as constitutional and said a U.S. Supreme Court ruling last year paved the way for its use. Phillips execution would have been the 1st in the state since January 2014. (source: Columbus Dispatch) * Ohio Prepares to Execute Its 1st Inmate Since 2014 Ohio's last execution was 3 years ago, in January 2014, when the State killed Dennis McGuire by lethal injection. In 1989, McGuire raped and murdered 22-year-old Joy Stewart, who was 30 weeks pregnant. The Columbus Dispatch reported on the execution, saying "McGuire...gasped, choked, clenched his fists and appeared to struggle against his restraints for about 10 minutes... before being pronounced dead It took 26 minutes for him to die after the drugs were administered." "I've been with the ACLU 13 years and Dennis McGuire's execution marked the 4th botched execution in that timeframe," says Mike Brickner, Senior Policy Director of the Ohio office of the American Civil Liberties Union (ACLU). "Ohio has a very troubling track record with properly carrying out executions, and Mr. McGuire's execution was tantamount to human experimentations." Now, the State of Ohio prepares to impose capital punishment again. On February 15, 2017, Ronald Phillips, who was convicted of raping and murdering his girlfriend's 3-year-old daughter in 1993, is scheduled to be executed by the State. Drug Problem Ohio has not put anyone to death since McGuire due largely to the difficulty in obtaining lethal drugs. Many pharmaceutical companies, including Roche and Akorn, according to press releases posted on the Death Penalty Information Center website, have condemned the use of their drugs in execution protocols, so states have been reaching out to strange companies, often in other countries, to obtain them. The International Academy of Compounding Pharmacists also "discourages its members from participating in the preparation, dispensing, or distribution of compounded medications for use in legally authorized executions." Meanwhile, Ohio and other states have made laws that keep the pharmacies that compound lethal injection drugs anonymous. Ohio is one of 31 states that provide for the death penalty as punishment, along with the U.S. federal government and the U.S. military. Since the beginning of the new millennium, seven states, including New York and New Jersey, have abolished the death penalty or courts have ruled their state death penalty laws unconstitutional. 4 state governors have halted using the death penalty, and 11 states and the District of Columbia already had previously abolished the death penalty, according to the Death Penalty Information Center (DPIC). Ohio has been killing people for capital crimes since the 1800s. For many years, the electric chair was used to kill the condemned, but in 2001, lethal injection became the sole method of execution in Ohio. The State of Ohio has executed 53 prisoners since 1999, but did not execute anyone for a full 36 years between the 1963 execution of Donald Reinbolt and then the 1999 execution of Wilford Berry. Toledo and the death penalty Toledoans for Prison Awareness (TPA), a local organization focused on mass incarceration and prison issues, including the death penalty, in conjunction with the ACLU and Ohioans To Stop Executions (OTSE), hosted on January 12th a talk by attorney and Assistant Cuyahoga County public defender Jeff Gamso on "The Death Penalty in Ohio and the Nation" at the First Unitarian Church in South Toledo. About 50 people attended the event. The date for the talk was chosen to coincide with Ohio's resumption of executions this year. Mr. Gamso noted in his presentation that while the death penalty is still the law in Ohio, and while about 60 % of Americans support capital punishment, executions and death sentences are both declining. "We're killing fewer people, we're sentencing fewer people to death - that's the poll that makes the most sense," Gamso said. There have been fewer capital indictments since 2009, he said, because "it's far more expensive to try a capital case." Gamso is vehemently opposed to capital punishment. "If you kill enough people," he said "sooner or later you're gonna kill innocent ones.
[Deathpenalty] death penalty news----OHIO, NEB., UTAH, ORE., WASH., USA
Jan. 20 OHIO: Judge excuses jurors in Seman case About 180 jurors Wednesday were excused in Mahoning County Common Pleas Court from having to serve in the capital murder case of Robert Seman. The jurors were excused for a variety of reasons ranging from financial hardship to health and age. About 220 jurors remain in the pool and will be reporting Feb. 3 for jury orientation in the case before Judge Maureen Sweeney. Seman, 48, of Green, could face the death penalty if convicted of the deaths of Corinne Gump, 10, and her grandparents, William and Judith Schmidt, during a March 30, 2015, arson at their Powers Way home just hours before Seman was to go on trial on charges he raped Corinne that carry a possible life sentence. Attorneys for both sides went over juror questionnaires and agreed on the jurors who were excused. The trial is expected to last several weeks, which could pose a hardship for someone with a medical condition or who has a job that does not reimburse people for jury duty. This is the 2nd time jurors have been called for the case. In September, jury selection was halted after it was discovered a potential juror was discussing the case with other potential jurors. Judge Sweeney declared a mistrial then and disqualified the entire jury pool, and a new jury pool was drawn. Judge Sweeney also is changing some of the procedures for the next group of jurors to come in to try and minimize juror misconduct. Jurors are being called for their 1st day of orientation on a Friday afternoon, when the courthouse is typically at its least busiest point of the week. Jurors also will be separated into small groups, and a deputy will be assigned to each group to ensure there is no misconduct. If Seman is found guilty with death-penalty specifications, a 2nd phase, or mitigation phase of the trial, will then take place. In that phase, defense attorneys will present evidence to the jury on why Seman's life should be spared. Only a jury can recommend a death sentence, although a judge can overturn that recommendation and instead give him a sentence of life in prison with no parole. (source: vindy.com) ** Psychologist: Death row man's brain 're-wired' by abuse With executions expected to resume this year in Ohio, a local man who has been on death row for nearly 2 decades is seeking a reprieve. At a day-long clemency hearing Tuesday, state parole board members heard a wide-range of arguments, including whether the jury in Ray Tibbetts' trial heard about his traumatic childhood. A clinical psychologist said years of persistent neglect and abuse had "re-wired" Tibbetts' brain. Another psychologist called Tibbetts' background "a recipe for disaster." Tibbetts, 59, has taken responsibility for the 1997 killings of his wife, Judith Sue Crawford, and the elderly, hearing-impaired man she cared for. Prosecutors focused on the brutality of the killings - pointing out that 67-year-old Fred Hicks, who used an oxygen tank to breathe, may have been asleep when Tibbetts stabbed him multiple times. 3 knives and a blade broken from a knife handle were left in Hicks' body. "There simply is no excuse for what he did," said Hamilton County Assistant Prosecutor Ronald Springman. Family members of both victims spoke at Tuesday's hearing in Columbus, via a video feed from the Hamilton County Prosecutor's Office. They urged the parole board to recommend that the execution go forward. "Please, please, please," said Toni Strausbaugh, Hicks' niece. "So we can heal." What could happen? The parole board, made up of 6 men and 6 women, is scheduled on March 10 to recommend to Gov. John Kasich whether it believes a death sentence should be imposed. That recommendation is not binding, and Kasich will then decide whether to commute Tibbetts' sentence to life in prison without parole. Tibbetts is scheduled to die by lethal injection on April 12, although his challenge to the state's lethal injection process remains pending in federal court. The state was expected to resume executions this month - the 1st since 2014, when a man suffered during an execution. Tibbetts initially was scheduled to die by lethal injection in February. In December, Gov. John Kasich delayed the executions of Tibbetts and Ronald Phillips to allow time for the federal case to be appealed. Phillips, convicted in Summit County of raping and murdering a 3-year-old girl, is now scheduled to be executed Feb. 15. "This brief delay should provide the court time to resolve any pending legal issues," a Kasich spokeswoman said in a statement. The killings In November 1997, the bodies of Crawford - Tibbetts' wife of 5 weeks - and Hicks were found in Hicks' Over-the-Rhine home. Crawford cared for Hicks, a retired electrician who had emphysema, and both Crawford and Tibbetts lived in the home. Tibbetts says he has no memory of what happened, and there is only
[Deathpenalty] death penalty news----OHIO, UTAH, WASH., USA
Jan. 15 OHIO: Ohio seeks drug reversing lethal injection process if needed Ohio's prisons agency is trying to obtain a drug that could reverse the lethal injection process if needed by stopping the effects of another drug previously used in problematic executions. The request to use the drug would come if executioners weren't confident the 1st of 3 lethal drugs would render a prisoner unconscious, Gary Mohr, director of the Department of Rehabilitation and Correction, said in federal court testimony Jan. 6. Mohr said he would inform Republican Gov. John Kasich and ask for a reprieve at that point. "Governor, I am not confident that we, in fact, can achieve a successful execution. I want to reverse the effects of this," Mohr testified, describing the language he would use in such a circumstance. Mohr testified that Ohio planned to order the drug, flumazenil, but didn't currently have it. Prisons spokeswoman JoEllen Smith declined to comment Thursday on Mohr's testimony, a copy of which was reviewed by The Associated Press. Flumazenil is used to reverse the effects of a sedative called midazolam when that drug causes bad reactions in patients. Midazolam is the 1st drug in Ohio's new three-drug execution method. Magistrate Judge Michael Merz is weighing a challenge to this method's constitutionality, following a weeklong hearing. Ohio plans to put child killer Ronald Phillips to death next month with midazolam and 2 other drugs. On Friday, the state acknowledged it has enough drugs for a fourth execution this year, in May, while staying tight-lipped about its supply beyond that. On Monday, the AP reported that documents show Ohio has obtained enough lethal drugs to carry out dozens of executions. Merz then ordered the state to provide "a statement of its intentions" when it came to drugs used in future executions. State attorneys said in a Friday court filing that the news report of multiple executions didn't take into account expiration dates of the drugs, which the state wouldn't previously disclose. The AP requested those expiration dates Friday. The state also said without explanation that the prison system's "contingency planning" needed to be taken into consideration when looking at execution numbers. On Oct. 3, state lawyers told Merz that Ohio planned to execute Phillips and death row inmates Raymond Tibbetts and Gary Otte this year. "The state regrets if this response left the Court with the impression that such efforts had only resulted in a supply of drugs sufficient to proceed with the executions of Inmates Phillips, Tibbetts, and Otte," state attorneys said Friday. Messages were left with attorneys representing Phillips. Ohio appears to be the 1st state using midazolam as a lethal drug to seek a reversal drug for it, according to experts at the Washington, D.C.-based Death Penalty Information Center, Berkeley Law School's Death Penalty Clinic and Reprieve, a London-based human rights organization that tracks capital punishment issues. Florida and Oklahoma have used midazolam as the 1st in a 3-drug protocol. Alabama and Virginia have proposed it as part of a 3-drug protocol. Executions have been on hold in Ohio since January 2014, when Dennis McGuire gasped and snorted during the 26 minutes it took him to die, the longest execution since the state resumed putting prisoners to death in 1999. The state used a 2-drug method with McGuire, starting with midazolam, its 1st use for executions in the country. Attorneys challenging the method say midazolam is unlikely to relieve an inmate's pain. The drug, which is meant to sedate inmates, also was used in a problematic 2014 execution in Arizona. But last year, the U.S. Supreme Court upheld the use of midazolam in an Oklahoma case. The state says the 3-drug method is similar to its past execution process, which survived court challenges. State attorneys also say the Supreme Court ruling last year makes clear the use of midazolam is allowable. Columbus surgeon Jonathan Groner, a lethal injection expert, said past problems with Ohio executions have come about because executioners didn't properly connect the IVs. "A reversal drug will not help with that problem and could make it worse - if the IV is not in the vein, giving more drugs may cause more pain," Groner said. (source: Associated Press) UTAH: 40th anniversary: Gary Gilmore's death a milestone in nation's capital punishment saga The state-sanctioned execution by a firing squad on Jan. 17, 1977, became the 1st one in U.S. in 10 years. Gary Gilmore was 36 years old when he welcomed the bullets from a 5-member firing squad at the Utah State Prison, becoming the 1st inmate killed following a 10-year national moratorium on capital punishment. His death on Jan. 17, 1977, which reopened the gates to the death penalty, has been memorialized in American culture through widespread news
[Deathpenalty] death penalty news----OHIO, NEB., WASH., USA
Jan. 3 OHIO: Trial set in latest challenge to Ohio death penalty process Attorneys for death row inmates and lawyers for Ohio's prisons agency are back in court this week in the latest challenge to the way the state puts condemned killers to death. The 4-day trial beginning Tuesday in federal court in Columbus focuses on Ohio's updated execution process and a new 3-drug method similar to one used several years ago. Some of the testimony in the trial overseen by Magistrate Judge Michael Merz will come from members of the state execution team who will answer questions anonymously while sitting behind courtroom screens. The state defends the new process as constitutional. Defense attorneys say multiple problems remain with the way Ohio prepares and carries out executions. The state prisons agency plans to execute child killer Ronald Phillips Feb. 1. (source: Associated Press) NEBRASKA: Testifiers say proposed execution protocol violates laws 2 longtime death penalty supporters showed up at a hearing Friday morning to support a newly proposed execution protocol developed by the Nebraska Department of Correctional Services. 19 people, most of whom identified themselves as anti-death penalty, pointed out flaws and what they called potentially unconstitutional content and law violations. "I ask ... that this protocol be dumped. And start over," said Lincoln attorney Alan Peterson. "And don't try to hide this horrible procedure from the public. And from me. And from the people remaining on death row." Omaha Sen. Ernie Chambers, former state medical director Gregg Wright and Nebraska Pharmacist Association Director Joni Cover objected to the many ways the protocol errs by shrouding the process in mystery. "I see difficulties (with the protocol) of a constitutional proportion, so the governor will be out of office before anybody would be executed in this state," Chambers said. But Bob Evnen, co-founder of Nebraskans For the Death Penalty, said the protocol is sound and should be adopted. There is much hue and cry from death penalty opponents about the transparency of the protocol, he said. But there are good policy reasons for protecting the identity of the execution team appointed by the Corrections Department, Evnen said. "Your proposed regulations properly implement that protection, as they should. As they must by law," he told Corrections attorney Mark Boyer, who presided over the public hearing. Death penalty supporter Rick Eberhardt, sheriff of Pierce County, said the protocol should be workable and asked that the state model its process after other states that successfully use the death penalty. He also asked that Nebraska carry out death sentences as quickly and humanely as possible. The public hearing was necessary to comply with the state's administrative procedures act, but Corrections Director Scott Frakes can send it on as is for review of Attorney General Doug Peterson and approval by Gov. Pete Ricketts. In late November, the Corrections Department released proposed revisions to the state's execution protocol that would keep secret the drugs and method of administration until 60 days before request for a death warrant. Concerned citizen Eleanor Rogan of Omaha said that when the state compromises its principles for the sake of expediency, messy, corrupt government can creep in. Unknown drugs, unknown dosages and unknown providers are a recipe for medical disaster, she said. It's clear the protocol was politically motivated, said Chambers. It is not scholarly, and it is not based on medical or professional consultation or assistance. "It is what I would describe as a slap-dash, loosey-goosey affair," he said. About 494,000 Nebraskans voted to do away with the Legislature's 2015 repeal of the death penalty, and nearly 321,000 voted to retain the law that would have replaced it with life in prison. Chambers said the vote didn't surprise him. "When the people are allowed to vote, it's not always based on intelligence, knowledge, information, but usually emotion," he said. ACLU of Nebraska attorney Spike Eickholt called the protocol a step backward for the Corrections Department, which seemed to be progressing after scandals and problems in recent years. "Even people who support the death penalty don't agree with hiding the process and the means and the death penalty itself from the public," he said. Those attending Friday hearing were allowed five minutes each to testify. A number of them said the protocol conflicts with state law. Attorney Shawn Renner, representing Media of Nebraska, said authority claimed by the department to keep confidential the name of any person or company supplying the lethal injection drugs is directly contrary to the Nebraska public records law. "It's illegal and it will not be enforced by courts," he said. Alan Peterson said that to adopt a protocol that allows
[Deathpenalty] death penalty news----OHIO, USA
Jan. 2 OHIO: Judge's rejection of jury's execution recommendation is rare A recent decision by a Cleveland judge to overrule a jury's death sentence recommendation for a triple killer highlights how rare such judicial decisions are. Research by The Associated Press found just eight additional examples of judicial overrides since Ohio's current death penalty law took effect in 1981. That's compared with more than 320 death sentences handed down during the same time period. Overriding death sentences can be politically risky for judges, who are elected in Ohio and many other states, said Doug Berman, an Ohio State University law professor and sentencing expert. Many cases with strong evidence against capital punishment for a defendant are resolved with plea bargains before ever reaching a jury, he added. Those cases typically involve pretrial research turning up strong mitigating evidence - a horrific childhood or mental disabilities, for example - that outweigh what are called aggravating circumstances, such as the brutality of the crime. "It's relatively rare a case will get to a jury verdict if it looks like there's a pretty significant possibility that the mitigators will outweigh the aggravators," Berman said. Cuyahoga County Judge Joan Synenberg cited defendant Douglas Shine Jr.'s prolonged physical and psychological abuse as a child, mental health problems and years of incarceration in sentencing him to life in prison with no chance for parole on Dec. 19 instead of accepting a jury's recommendation for the death penalty. Testimony during the trial's death penalty phase showed that Shine's early childhood was chaotic and "characterized by persistent neglect and physical and psychological abuse," Synenberg said. She noted that Shine lived in youth detention facilities from age 10 to 16 followed by two years in an adult prison. Prosecutors said Shine walked into a Warrensville Heights barber shop in February 2015, pulled two guns from beneath his coat and opened fire, killing 3 people and wounding 2 men and a woman. "Unfortunately, the court gave more weight to the self-serving, unsubstantiated statements of an unrepentant, malingering mass murderer than to the overwhelming evidence that he was fully capable of planning and carrying out this diabolical attack on a crowded barbershop filled with men, women and children," Cuyahoga County Prosecutor Tim McGinty said following Synenberg's ruling. Highlights of the 8 other cases in Ohio in which judges have thrown out a jury's death sentence since the state enacted a new capital punishment law in 1981: 1983 -- A jury's death sentence for Drewey Kiser, of Williamsport, convicted of fatally shooting Don Writsel during a robbery, was overridden by Judge Nicholas Holmes Jr. of Ross County Common Pleas Court. Holmes cited Kiser's age, 23; the defendant's lack of a significant criminal history; mental illness; and alcoholism. Holmes also pointed out that a death sentence would not have been proportional to the 3 other death sentences in Ohio at the time. 1987 -- A jury's death sentence for Alonzo Wright, of Cleveland, convicted of fatally shooting Grover Lang during a robbery, was overridden by Judge Frank J. Gorman of Cuyahoga County Common Pleas Court. Gorman cited the victim's decision to rush Wright, which apparently led to the shooting, instead of obeying Wright's request for money. 1988 -- A jury's death sentence for John Parsons, of Worthington, convicted of shooting a man as he fled from his burning home, was overridden by Judge Dale Crawford of Franklin County Common Pleas Court. Crawford cited Parsons' background and lack of a prior criminal record and said a death sentence would not be equivalent to 5 other death sentences imposed in Franklin County up to that time. 1989 -- A jury's death sentence for Eddie Robertson, of Dayton, convicted of fatally shooting Stephanie Hiatt in a 1988 robbery, was overridden by Judge William MacMillan Jr. of Montgomery County Common Pleas Court. MacMillan cited Robertson's lack of a significant criminal history, his relative youth (30), his pursuit of education beyond high school and the lack of an advance plan to kill anyone. MacMillan said it appeared Robertson shot Hiatt on the spur of the moment, fearing she recognized him. 1999 -- A jury's death sentence for Gregory Crawford, of Valley City, convicted of beating Gene Palmer to death during a robbery, was overridden by Judge Mark Wiest of Wayne County Common Pleas Court. Wiest cited Palmer's age (37), his good behavior in jail, Crawford's strong relationship with his family, his work completing his high school degree and his religious conversion. 2000 -- A jury's death sentence for Christopher Fuller, of Hamilton, convicted of killing his 2-year-old daughter after trying to rape her, was overridden by Judge Matthew Crehan of Butler County Common Pleas Court. Crehan cited
[Deathpenalty] death penalty news----OHIO, MO., KAN., CALIF., USA
Dec. 8 OHIO: Death-row inmate says his attorneys kept him from testifying in his own defense during 2006 trial About the case ... Prosecution's account: Clarence Fry Jr. stalked and killed Tamela Hardison, his estranged girlfriend, in 2005 to prevent her from testifying against him or as retaliation for his domestic violence arrest. Hardison, 41, was stabbed to death with a butcher knife while baby-sitting her grandchildren in her daughter's Akron apartment. Fry's account: Hardison was killed during a domestic quarrel when she would not return Fry's stereo, television and other belongings, which he said she took after his jailing for a previous domestic violence arrest. He went to the authorities to retrieve his belongings and, when that failed, confronted Hardison. Appeals: The Ohio Supreme Court upheld Fry's conviction in March 2010. He hasn't exhausted his appeals in the federal court system. Clarence Fry Jr. says he expected to testify in his capital murder trial in 2006. Family members of the Akron man thought he would take the stand. The trial ended with Fry behaving strangely but never testifying. Fry, 57, who was convicted and sentenced to death for the 2005 stabbing death of his estranged girlfriend Tamela Hardison, returned to Summit County Common Pleas Court on Wednesday for a hearing on whether he wasn't permitted to testify because his attorneys thought it would hurt his chances. The Ninth District Court of Appeals ordered the trial court to probe the issue. "We all expected to hear from him," Sharon Brandon, Fry's sister, said of her brother's testimony. "I thought that was the normal course of action." Patricia Cosgrove, who was the judge in Fry's trial and is now a visiting judge, presided over the hearing. She said she will consider the testimony and briefs submitted by the attorneys and make a written ruling. Cosgrove referred to Fry as a "true psychopath" when she followed a Summit County jury's recommendation in July 2006 and sentenced Fry to death. Fry behaved bizarrely during his trial a decade ago, frequently smiling and laughing and, at one point, eating candy. The Wednesday hearing was the continuation of proceedings that began July 14. Thomas Fields, a private investigator hired by Fry's defense attorneys, testified during the hearing that he met with Fry at the Summit County Jail several times before his trial. He said Fry told him he wanted to testify. He said he routinely would relay this information to defense attorneys, but he can't recall talking to Larry Whitney or Kerry O'Brien, Fry's trial lawyers, about Fry's desire to testify. Brandon said she talked to her brother several times before his trial and knew that he wanted to testify. "We both said, 'When you tell them [the jurors] what happened, it will be OK,'" she recalled. Brandon said Fry told her he was concerned that his attorneys weren't going to let him take the stand. She said she asked Whitney and O'Brien about this during the trial and one of them - she can't recall which - told her, "We don't think that's a good idea." Lawrence Fry Sr., Fry's brother, said he talked to his brother daily in the days leading up to and during the trial. Like Fry's sister, he said he knew Fry wanted to testify and expected that to happen. He said his brother wasn't happy with his attorneys and, at one point, attempted to get new counsel. He said both he and his brother thought Whitney and O'Brien weren't asking enough questions of the witnesses. Lawrence Fry said he asked Whitney whether his brother would testify after the prosecution had rested and the defense was about to start. He said Whitney told him it wasn't a good idea, but added, "We'll see how it goes.'" Richard Cline, one of Fry's new attorneys with the Ohio Public Defender's Office, asked Lawrence Fry if he thinks his brother knew it was his decision to make whether to testify. "I don't think he knew," the brother responded. "If he knew he did not need their consent, he would have testified." Assistant Prosecutor Angela Walls-Alexander asked Lawrence Fry if he was present in court when O'Brien announced Fry wouldn't be taking the stand. The brother said he didn't recall. Fry's attorneys objected to Walls-Alexander's question, noting the trial transcript shows O'Brien's statement was made during a sidebar conference between the attorneys and judge. In an unusual step, Walls-Alexander, who was one of the prosecutors in Fry's trial, took the witness stand to answer questions from Fry's attorneys. She said O'Brien made this statement in open court when Fry was in court but the jury wasn't present. Fry, who testified during the first hearing in July, briefly took the stand again Wednesday. He said he didn't hear O'Brien's announcement. "They were at a sidebar," Fry said. "I didn't hear none of it." (source: Akron Beacon Journal) MISSOURI: Apologies that come too
[Deathpenalty] death penalty news----OHIO, NEB., CALIF., USA
Dec. 7 OHIO: Ohio executions set to resume in January 2017 As Ohio resumes executions in the new year, death row inmate Ronald Phillips is scheduled to die on January 12, 2017. Phillips was sentenced to death in 1995 for the 1993 rape and murder of his girlfriend's 3 year-old daughter, Sheila Marie Evans. Phillips, originally from Akron, OH, has always had a fear of needles. According to the Associated Press, this fear stems from his childhood, when he would witness his parents sell drugs and let strung-out addicts shoot up in their kitchen. Negative sentiments against the death penalty in Ohio have been expressed on Denison's campus through speakers like Jim and Nancy Petro. A former auditor and attorney general of Ohio and former Cuyahoga County commissioner, Petro is now a member of Ohioans to Stop Executions' board of directors with his wife Nancy. Denison also welcomed death row exoneree Ronald Keine to tell his story in 2014. And in 2016, Sister Helen Prejean, a staunch death penalty opponent, was the keynote speaker at Denison's 175th commencement. Courses such as Jack Shuler's "Dead Man Walking: Executions in America" contribute to the discussion on the death penalty by examining its history and present issues with executions. According to the Death Penalty Information Center, Ohio has performed 53 total executions, placing it in the top 10 states with the most executions. Texas tops the list at 538. Phillips' execution has been delayed several times over his 20-plus stay on death row. The most recent delay occurred when he requested to donate a kidney to his mother in 2013. This request was ultimately denied. However, attorneys are still attempting to vacate the death sentence for Phillips. Last Thursday, the Ohio Parole Board held a clemency hearing at the Ohio Department of Rehabilitation and Corrections for Phillips. The hearing started at 9:00 a.m. and didn't conclude until 6:30 p.m. After hearing from the defense and prosecution, the board did not make an immediate decision, so it's unclear whether or not Phillips' execution will be vacated or delayed. While Phillips' defense team is responsible for some of the delays, a moratorium that was placed on executions after Dennis McGuire's botched experience in 2014 is a significant reason why Phillips still lives on death row. McGuire's execution lasted 26 minutes. Executed on January 16, 2014 for the murder of his girlfriend and unborn child, McGuire was the 1st to be executed with a new lethal injection cocktail. The drugs: midazolam and hydromorphone, a sedative and narcotic painkiller respectively, were injected into McGuire's arm at 10:27 a.m. Lawrence Hummer, a pastor McGuire requested at his execution, said that three minutes into the execution, "'he lifted his head off the gurney, and said to the family who he could see through the window, 'I love you, I love you,' then laid back down' (2015). At 10:58 a.m., his stomach began to swell. For the next 10 minutes, according to Hummer, "he struggled and gasped audibly for air." Hummer cringed for the next 11 minutes while "McGuire was fighting for breath, his fists clenched the entire time." Hummer heard his gasps through the glass wall. "The gasps turned to small puffs like a dying animal fighting for another breath." At 10:53 a.m., the warden finally called the time of death. McGuire's execution was the longest since 1999 when Ohio resumed executions. According to an article by Jeremy Pelzer from 2015, McGuire's family, traumatized after witnessing his death, ended up filing a federal lawsuit in January of 2015 saying he suffered needless pain. In February of 2015, less than a month later, his family dropped the lawsuit after Ohio said it would not use the 2 drug combo again. Despite McGuire???s family's attempt to ban the 2 drug combo, and unfortunately for Phillips, Ohio will use midazolam along with rocuronium bromide, which paralyzes the inmate, and potassium chloride, a substance that stops the heart, reports Andrew Welsh-Huggins in a 2016 Associated Press article. Kevin Werner, Executive Director of Ohioans to Stop Executions, isn't new to reading about heinous crimes. But some have wondered why he would continue to fight for the abolition of the death penalty when these heinous crimes occur. "The work I do on the death penalty isn't necessarily always for the inmates. I think a lot of them don't belong there, I don't think they're the worst of the worst, but they are all there for horrific crimes," Werner begins. "But in those tough cases what I really think about is the impact on the victim's family." Werner, a father himself, understands the emotional reaction people have toward a case like this because he recognizes his kids have also been the age of Sheila Evans. "I get that people want justice and want to exact revenge, but I also think about how this is a family who had unimaginable
[Deathpenalty] death penalty news----OHIO, IOWA, OKLA., NEB., NEV., US MIL.
Dec. 5 OHIOimpending execution State rejects execution delay for man who raped, killed girl The state has rejected a proposal to temporarily delay the January execution of a man set to die for the 1993 rape and killing of his girlfriend's 3-year-old daughter. Assistant Ohio attorney general Thomas Madden ruled out the possibility of a 1-month reprieve for death row inmate Ronald Phillips in a Friday email made public Monday. The state and attorneys for Phillips discussed the possibility of a reprieve while arguments are made over Ohio's new 3-drug lethal-injection method. Phillips, who was found guilty by a jury, is scheduled to die Jan. 12. An initial proposal would have postponed the execution until Feb. 15. Madden's email said the proposal was rejected after Phillips' attorneys proposed a delay until April. Phillips' attorneys also went beyond the agreement by not limiting the issues that a federal judge would consider during arguments over the new lethal-injection method, Madden said. "As we seem to be unable to reach an agreement, we consider the matter closed," according to Madden's email, included in a Monday court filing. The attorney general's office declined to comment. Messages were left for Phillips' attorneys. Phillips is the 1st death row inmate scheduled for execution next year under a new process for putting condemned prisoners to death. The Department of Rehabilitation and Correction plans to execute Phillips and 2 other inmates with a three-drug combination that's similar to a method it used several years ago. Phillips, 43, was sentenced to death for the fatal attack on Sheila Marie Evans. His attorneys have asked the Ohio Parole Board to recommend clemency, with a decision coming Friday. The case is tragic, but Phillips is not among the worst of the worst offenders, his attorneys told the board. Summit County prosecutor Sherri Bevan Walsh says Phillips refuses to accept responsibility and it"s time for justice to be served (source: The Tribune) IOWA: Reinstating Iowa's death penalty would be a mistake Re: "Does Iowa Need the Death Penalty for Cop Killers?" When you are young, you are taught "not to fight fire with fire" and "violence is not the answer," so why is it that we cannot transfer this into our adult lives? I completely understand and share the outrage following the tragic murders of 2 Des Moines-area police officers, but by reinstating the death penalty in response to such violence, we would be doing more harm than good. A person who decides to kill a police officer is unlikely to change his mind based on whether the punishment is a life sentence without parole or the death penalty. I understand that we want to make people more afraid of the punishments so they will not resort to shooting officers, but imposing capital punishment will not act as an effective deterrent for a criminal to think twice before committing murder. Our police officers deserve to feel safe, but their safety will more likely be enhanced through improvements to mental health care and reasonable gun laws. By reinstating the death penalty, we would be signaling that violence is the answer to our problems, which we know is not true. We would all be better off if we were to focus on enforcing the laws we already have in place in Iowa. Lauren McDowell, Des Moines (source: Letter to the Editor, Des Moines Register) OKLAHOMA: Carter County DA to seek death penalty in Ardmore double homicide The Carter County District Attorney's office spokespersons said they will seek the death penalty for a man charged with a double homicide. Craig Stanford is accused of shooting and killing Aaron Lavers and Athony Rogers in their ardmore apartment back in Maythen stealing an ipad. District Attorney Craig Ladd says he filed for the court to pursue the death penalty. "The aggravating circumstances I have alleged against Mr. Stanford are murdering someone to prevent a lawful arrest of prosecution of him," Ladd said. "Another was that he would be a continuing threat to society. And another was that he exposed more than one person to a risk of death." Stanford will be due back in court Wednesday for his arraignment. (source: KXII news) NEBRASKA: Nebraska Agency Defends Illegal Execution Drug Purchase As A "Unique Process"Last year, Nebraska spent more than $25,000 on illegal execution drugs they never received from a man in India. The department of corrections defended its conduct to auditors in a report released Monday. The Nebraska Department of Correctional Services defended the state's conduct in paying $26,000 for illegal execution drugs it never received, arguing it was a "unique process," in response to questions from a state auditor looking into the sale. A report by the auditor was requested by 2 state senators earlier this year, and was released on Monday. Many of the facts in the
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Nov. 21 OHIO: Victim's mother reacts to death sentence in Warrensville barbershop slayings A jury sentenced convicted murder Douglas Shine Jr. to death for killing 3 men at a Warrensville Heights barbershop in February of 2015. All 6 counts were unanimous, death for the 21-year-old. Who did not flinch as he learned his fate. Shine killed William Gonzalez, Walter Barfield and Brandon White at Chalk Linez barbershop last year. White's mother Angela Ladson was in the courtroom. "I'm satisfied," said Ladson. "It's hard not to have emotions when someone says death. It's been 3 months it's been hard." Shine's family members stormed out of the courtroom before the judge finished reading the verdict on all 6 counts. Prosecutors say Shine was a member of the Heartless Felons gang and that an argument with a rival gang led to the shooting that killed 3 men and wounded 3 others. Ladson says moving on will be difficult. She lost 2 sons to Shine's violence. "Now we can get a little closure but I have to start all over next year for my second son," said Ladson. "It's hard emotion right now it really is, it really is. Aaron Ladson was a witness who prosecutors say identified Shine as the shooter. Aaron was shot and killed four months after his brother Brandon, in the driveway of his grandmother's home. Jurors convicted Shine of organizing the murder from his cell. Fox 8 asked Ladson if death for Shine was the punishment she wanted to hear in the case. "It didn't matter if it was life or death but I am shocked," said Ladson. "I'm okay, It doesn't bring my sons back but I'm okay." A source inside the courtroom says the enormity of the situation weighed heavily on jurors who all wanted to make sure they did the right thing. (source: Fox News) It's time to pay attention to mental illness when it comes to capital punishment Mentally ill individuals shouldn???t receive the death penalty according to Senate Bill 162, it is not acceptable 3 people were murdered on Cleveland State University???s campus in February of 1982. Frank Spisak, a proclaimed Nazi supporter, shot the Rev. Horace Rickerson, CSU employee Timothy Sheehan and CSU student Brian Warford. Spisak also attempted to kill factory worker John Hardaway and CSU employee Coletta Dartt. Later, he was apprehended by law enforcement, arrested and convicted. It took 14 years after Spisak's trial to diagnose him with severe bipolar disorder and to properly medicate him because there was little awareness about the disorder before. Dr. Chester Schmidt, an expert in bipolar disorder from Johns Hopkins University determined that Spisak suffered from Bipolar Disorder I and leading up to the crime, he said Spisak was intoxicated, manic, mentally unstable, under psycho-social stress and being manipulated by a man named Ronald Reddish. Reddish was a member of an organization that supported Nazis and was the accomplice to Spisak's "hunting parties." 30 years after his conviction, Spisak was executed at the Southern Ohio Correctional Facility. No court ever considered the severity of his mental illness, and by the time he was properly diagnosed and medicated by the state prison system, there was no legal opportunity to argue for it. This is one of many examples of the government failing to recognize mental illness in a capital case - violating the Constitution and international law. What Spisak did was horrible, and there is no way to condone his crime - it was premeditated on the basis of race and ethnicity. But, at the same time, we can't take serious mental illness or Spisak's circumstances lightly. This is a complicated issue, and especially because of my Christian faith, I want to respond to it in the most compassionate way possible. Firstly, crimes like Spisak???s needed to be punished for life for the sake of the victim, their loved ones, and the safety of society as a whole. Even Dr. Schmidt stated that Spisak was too ill to return to society, so he recommended a life sentence at the prison's mental health ward for the safety of himself and others. On the other hand, the amount of proof that Spisak's mental illness made him unable to understand his actions is overwhelming. He had never received proper treatment for his illness, and his "friend" Reddish took advantage of his mental and emotional situation and manipulated him with Nazi propaganda. Later, Spisak proclaimed that he wanted his hate crimes to start a "race war" in Cleveland - an idea utterly ignorant of the true consequences and completely out of touch with reality. In our society, we are against an underage person receiving the death penalty, because a juvenile is more susceptible to manipulation and doesn't have the same ability to make decisions and understand consequences as an adult. For the same reasons, mentally ill individuals should be exempt from the death penalty. My heart goes out
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Nov. 20 OHIO: Victim's mother reacts to death sentence in Warrensville barbershop slayings A jury sentenced convicted murder Douglas Shine Jr. to death for killing 3 men at a Warrensville Heights barbershop in February of 2015. All 6 counts were unanimous, death for the 21-year-old. Who did not flinch as he learned his fate. Shine killed William Gonzalez, Walter Barfield and Brandon White at Chalk Linez barbershop last year. White's mother Angela Ladson was in the courtroom. "I'm satisfied," said Ladson. "It's hard not to have emotions when someone says death. It's been 3 months it's been hard." Shine's family members stormed out of the courtroom before the judge finished reading the verdict on all 6 counts. Prosecutors say Shine was a member of the Heartless Felons gang and that an argument with a rival gang led to the shooting that killed 3 men and wounded 3 others. Ladson says moving on will be difficult. She lost 2 sons to Shine's violence. "Now we can get a little closure but I have to start all over next year for my second son," said Ladson. "It's hard emotion right now it really is, it really is. Aaron Ladson was a witness who prosecutors say identified Shine as the shooter. Aaron was shot and killed four months after his brother Brandon, in the driveway of his grandmother's home. Jurors convicted Shine of organizing the murder from his cell. Fox 8 asked Ladson if death for Shine was the punishment she wanted to hear in the case. "It didn't matter if it was life or death but I am shocked," said Ladson. "I'm okay, It doesn't bring my sons back but I'm okay." A source inside the courtroom says the enormity of the situation weighed heavily on jurors who all wanted to make sure they did the right thing. (source: Fox News) 19-year-old sentenced to death in student's murder; 3 co-defendents testified An Akron man convicted of shooting and killing a Kent State University student during the robbery of a Kent apartment on Super Bowl Sunday is headed to Ohio's death row. Citing the "lack of regard for human life this man has," Portage County Common Pleas Judge Laurie Pittman on Nov. 16 sentenced Damantae D. Graham, 19, to death for the Feb. 7 murder of Nicholas W. Massa, 18, of Westlake. "This was a senseless, senseless act," Pittman told Graham. She said she sought humanity in his eyes during the trial, but found none. "I have a clear conscience about what I did," Pittman added. Graham is believed to be the youngest defendant ever to be sentenced to death in Portage County history. Jurors convicted Graham Nov. 3 on 6 felony charges, including aggravated murder, aggravated burglary, aggravated robbery and 3 counts of kidnapping. On Nov. 8, they recommended Pittman sentence him to death. Pittman found that the aggravating factors of the case -- that Graham committed the murder in the process of burglarizing a Ryan Place apartment while armed, and kidnapped and robbed the residents -- outweighed the mitigating factors that could have spared his life. Those included Graham's youth and early life of poverty under "harsh parenting," a diagnosis of oppositional defiant disorder and his voluntary abuse of illegal and prescription drugs. Defense attorney Anthony Koukoutas moved for an acquittal on all charges, which Pittman denied. Barring that, he asked the judge to sentence Graham to life in prison. She also declined that request. Twice during the hearing, Pittman offered Graham a chance to speak. "You don't want to talk to me, Damantae?" she asked him at one point. "No," Graham replied, with the same lack of emotion he showed throughout his week-long trial. Graham gets an automatic appeal of his death sentence. In the event the death penalty sentence is reversed, Graham still must serve 61 years on the robbery, burglary, kidnapping and firearms charges, Pittman ruled, agreeing to a request by Portage County Prosecutor Victor Vigluicci to make sure Graham never leaves prison. Graham's co-defendants -- 18-year-olds Ty A. Kremling, Marquis C.T. Grier and Anton "AJ" Planicka -- all testified at trial that Graham shot Massa during the robbery, which had targeted small-time marijuana dealer Connor Haithcock, a former classmate of Kremling at Stow-Munroe Falls High School. The 3 remaining co-defendants face identical charges of aggravated murder, aggravated burglary, aggravated robbery and kidnapping. VICTIM IMPACT A friend and 3 of Massa's family members delivered emotional victim impact statements to the court. They remembered his smile and his laughter, his love of fishing and his wish to one day own his own fishing charter. Massa's KSU roommate, Alex Mangels, called his lost friend "a beautiful person" of character, compassion and a willingness to help others. He said he is now left to "pick up the pieces of a friendship we will have no more." Massa's family spoke of their love for their
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Nov. 15 OKLAHOMA: ACLU says Oklahoma's Gov. Fallin is not complying with Open Records Act The American Civil Liberties Union of Oklahoma asked a judge Monday to order Oklahoma Gov. Mary Fallin to comply with public record requests that have been pending for more than 2 years. Brady Henderson, the group's legal director, filed a motion for summary judgment in his lawsuit demanding records for 2 organizations, 1 investigating death penalty cases and the other examining the nursing home industry. His filing seeks a decision without the need for trial. Such judgments are typically granted when the facts of a case are not in dispute and the legal merits of a case are clear. Henderson said his case achieves this threshold because there is no conflict on details of what was requested and when, and Oklahoma's Open Records Act clearly states the public is entitled to prompt, reasonable access to public records. Stay Informed: Read all the coverage from the Oklahoma state capitol One of the plaintiffs has waited 848 days for records and the other has waited 915 days. There is no way the state has been prompt and reasonable in these instances, Henderson said. "This is probably one of the most serious lacks of transparency and accountability we have ever seen in Oklahoma government," Henderson said. "A lot can happen in 900 days and that's the problem. The Open Records Act here in Oklahoma isn't just about giving us records. It's not just about seeing what government is doing on our dime. What it's also about is being able to react to that. And that means at the ballot box. "What the governor's office has done is taken so long in attempting to respond to the Open Records Act requests that an entire electoral cycle fits in the interim." Michael McNutt, a spokesman for Fallin, said the governor's office does not comment on pending litigation. The ACLU is representing the Oklahoma Observer, a newspaper that is seeking public records associated with the denial of clemency to 2 offenders who were executed. In the other case, the ACLU is representing A Perfect Cause, a nonprofit organization seeking records as part of its mission to protect nursing home residents. (source: The Oklahoman) NEBRASKA: Death penalty hearing starts after IQ questioned After a long motion hearing convicted spree killer Nikko Jenkins' death penalty hearing started in Douglas County District Court on Monday afternoon. Jenkins is convicted of killing Jorge Ruiz, Juan Pena, Curtis Bradford, and Andrea Kruger in a 10-day span after being released from prison in the summer of 2013. The 3-judge panel is made up of Judge Peter Bataillon, Judge Terri Harder of the 10th Judicial District, and Judge Mark Johnson of the 7th Judicial District. Monday morning, attorneys argued if Jenkins' IQ was high enough for him to even have a death penalty hearing. A test when he was first incarcerated in 2003 suggested his IQ was 69. Nebraska law says if a person's IQ is under 70 they cannot be executed. Jenkins himself objected to his own attorney's questioning, and wanted to get right to the 3-judge panel. "I want to expose this tampering with physical evidence, this perjury that these officers committed before I was ever charged," Jenkins described. Judge Bataillon denied the defense???s motion and found Jenkins competent to proceed with the death penalty hearing. Jenkins insists on testifying in his own defense and Douglas County Public Defender Tom Riley told the judge he may withdraw as Jenkins' counsel. "I'm not going to sit here and watch him put a noose around his neck because he doesn't know what he's doing," Riley explained. Prosecutors say they have the evidence to show Jenkins committed the 4 murders, and that there are up to 9 aggravators to make him eligible for the death penalty. They called 1 witness on Monday before recessing for the evening. The captain from the Nebraska Corrections Dept. in Tecumseh testified about how he was assaulted by Jenkins in 2009 when he escorted him to a family funeral. Jenkins was convicted in that assault. Judge Bataillon told Jenkins he may give him time to make a statement on Tuesday when court resumes (source: KMTV news) CALIFORNIAnew death sentence Hercules: Jury says death for convicted killer A Southern California man was sentenced to death Monday for the brutal murder of a popular retired kindergarten teacher following his escape from jail and resulting crime spree up the state. Darnell Washington, 27, the 1st person in 4 years to receive the death penalty in Contra Costa County, did not react to the jury's reading. He was convicted in September of murdering Susie Ko, 55, a Hercules resident who was finishing a gardening project in October 2012 when Washington broke into her home, stabbed her to death and made off with her car. Washington had escaped from a San Bernardino County jail weeks
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Nov. 14 OHIO: Death row inmate from Warren gets disability hearing A Trumbull County death row inmate will try to avoid the death penalty in court this week as a hearing begins today to determine if he is severely intellectually disabled. Andre Williams, 49, formerly of Warren, who was convicted in the 1988 brutal attack on an elderly Warren couple that left the husband dead and the wife blind will be sitting at the defense table in Trumbull County Common Pleas Court Judge W. Wyatt McKay's courtroom as Williams' lawyers argue he has an IQ score below 70. McKay ruled in 2004 and 2007 without hearings in favor of the state on this issue, which is known in legal parlance as an Atkins claim. However, the U.S. Sixth Circuit Court of Appeals vacated McKay's ruling in October 2015 and ordered Williams' execution postponed until a local hearing is held. The appeals court gave McKay 6 months to start the process for the hearing. Over the last several months, attorneys in the case have been meeting with the judge to discuss legal procedures. Williams is being held in the Trumbull County Jail, where he was taken from his cell at the Chillicothe Correctional Institution. In 2002, the U.S. Supreme Court ruled it is unconstitutional to execute people who are severely mentally disabled. In June 2003, Williams' attorneys filed a petition with the local court stating his death sentence should be set aside. The state generally considers IQ tests of below 70 to indicate a severe mental disability. In his earlier decisions, McKay cited Williams' scored higher than 70 on several IQ tests. Williams was convicted and sentenced to death for aggravated murder in 1989, and both the Ohio 11th District Court of Appeals and Ohio Supreme Court upheld that verdict and sentence. The 1988 attack at the Wick Street SE home left George Melnick, 65, dead and his Katherine, 64, blind, injured and confined to a nursing home for the rest of her life. Prosecutors said the woman was raped and left nearly dead under a kitchen table. She died in October 2012. Williams' accomplice, Christopher W. Daniel, 47, is serving a 37-to 100-year prison term given in 1989. (source: Tribune Chronicle) IOWA: Branstad reacts wisely to call for death penalty A rose to Gov. Terry Branstad for providing a thoughtful response when asked, in the immediate aftermath of 2 Iowa police officers being killed, whether Iowa should reinstate the death penalty. Branstad observed that now is the time to focus on the 2 officers and their families. "I think we have to look at this from the perspective of, 'What is the most effective thing we can do to protect the safety of our citizens?'" he said, adding that the death penalty "is not a panacea" for attacks on law enforcement. Last year, a Branstad spokesman said the governor would be in favor of the death penalty in limited circumstances - for instance, when a victim is kidnapped or raped, and then killed. Should that idea resurface in the 2017 legislative session, Branstad and legislators will have to confront the irrefutable fact that since the mid-1970s, 156 people sent to death row have later been exonerated. That equates to 1 death-row exoneration for every 10 people put to death. It's a reminder that any discussion of the death penalty will have to be driven by fact-based evidence, not by the raw emotions that stem from the Nov. 2 tragedy. (source: Editorial, Des Moines Register) NEW MEXICO: Death row exonoree campaigns against capital punishment "My question to the American public is: How many people need to be exonerated before we realize we do not need a death row in this country?" This was the focus of Anthony Ray Hinton's presentation at the UNM Law School on Thursday, where he was invited by UNM's Innocence and Justice Project. Hinton was on death row in Alabama for 30 years until he was exonerated in 2015. "I was, when I was released, the 152nd person that had been exonerated from death row. Just in a year and a half, 4 more were exonerated," he said. "That brings the total to 156." Hinton said he was released on Good Friday, and was able to attend an Easter service 2 days after. "Every day the government kills in your name. Do you really want the government killing innocent people in your name?" Hinton asked. "If you don't, then you should take a stand,". He said 1 execution of an innocent person is 1 too many, and that politics plays a role in where the death penalty is imposed. He accused the death penalty - which New Mexico Gov. Susana Martinez has recently said she wants to bring back - of installing a false sense of security. Many anti-death penalty proponents cite the often overlooked price tag of performing an execution, saying it's something more people should be concerned about. "Nobody, no government, no prosecutor, can look you in the eye and tell you that you are more safe with the
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Nov. 7 OHIO: Ohio legislators should enact proposed death-penalty reforms: Bob Taft, former Ohio govenor Guest columnist Bob Taft served as the 67th governor of Ohio from 1999-2007. He now teaches at the University of Dayton When I ran for governor in 1998, I hadn't given a great deal of thought to the duty I would be assuming to review clemency requests in death penalty cases. I campaigned on education, job creation and environmental issues. However, as Governor I spent a lot of time reviewing the clemency cases that came before me. The death penalty is irreversible, and I wanted to make certain there was no question about guilt and no procedural errors. At the time, the death penalty was an option I supported because it was pursuant to laws that had been enacted by the elected representatives of the people of Ohio. However, after reflecting on the cases I reviewed and the recommendations of the Ohio Supreme Court task force on the death penalty, I have come to have serious reservations about the effectiveness and necessity of capital punishment in most cases where it has been applied. My first concern is that Ohio law allows the execution of individuals with serious mental illness. I believe this practice is not humane based on current standards of decency and the opinions of mental health experts across Ohio. Senate Bill 162 would end this practice, and I urge state legislators to enact it at the earliest possible date. The legislature should also act to eliminate felony murders from the category of offenses to which the death sentence can be applied. These are murders in combination with other crimes often where murder was not the original intent, such as kidnapping, rape, aggravated arson, aggravated robbery, and aggravated burglary. Felony murder cases have accounted for the vast majority of death cases in Ohio, and they are a major cause of the substantial racial and geographic disparities in the use of capital punishment, casting doubt about whether our criminal justice system is providing "equal protection under the laws." Fewer than 7 % of felony murder cases result in a death sentence, which raises the issue of whether they are part of a "plea bargaining" strategy pursued by prosecutors. The Supreme Court Task Force on the Administration of Ohio's Death Penalty was comprised of judges, prosecutors, defense attorneys, legislators, and legal experts. It completed its work in 2014 after a careful examination of Ohio's death penalty process; the 2 reforms I am endorsing are part of their recommendations. Now is the time for the Ohio General Assembly to enact these reforms into law. (source: Guest Column, cleveland.com) NEBRASKA: Uncertainty with executions looms over Neb. death penalty voteVoters will have an opportunity Tuesday to reverse an action taken by the Legislature and reinstate Nebraska's death penalty Voters will have an opportunity Tuesday to reverse an action taken by the Legislature and reinstate Nebraska's death penalty, but moving forward with executions could take years. Nebraska's last execution was in 1997, using the electric chair, and the state has never carried one out using its current three-drug lethal injection protocol. Even though several executions have been scheduled, legal and logistical problems have kept the state from using lethal injection before the necessary drugs expired. Nebraska lawmakers abolished the death penalty in May 2015 over Republican Gov. Pete Ricketts' veto. Supporters of the punishment responded with a citizen-led petition drive partially financed by Ricketts that suspended the Legislature's decision until voters decide the issue Tuesday. Voting "retain" will uphold the Legislature's decision and replace the death penalty with life in prison, while voting "repeal" will reinstate capital punishment. Death penalty supporters say Nebraska can overcome the hurdles as other states have recently done. One example is Ohio, where officials announced last month they would resume executions in 2017 after changing their 3-drug lethal injection protocol, said Chris Peterson, a spokesman for Nebraskans for the Death Penalty. But Ohio, Texas and other states have moved forward only because they shrouded their processes in secrecy, passing laws that require officials to withhold the names of drug manufacturers, said Sen. Colby Coash of Lincoln, a leading death penalty opponent. Nebraska lawmakers have traditionally avoided that approach, erring on the side of transparency. "Nebraskans don't want their government hiding things from them," Coash said. "If pharmaceutical companies want to make drugs that kill people, they ought to stand behind that." Without a secrecy law, Coash said he doubts Nebraska will ever carry out an execution. The death penalty opposition campaign, Retain a Just Nebraska, has argued that no inmate will be executed even if
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Oct. 18 OHIOfemale may face death penalty Pilkington motions for separate trials, death penalty removed, confession thrown out Court hearings for the Bellefontaine mom accused of killing her 3 young sons are scheduled to start Tuesday. The hearings will mainly address 3 motions. Whether to holds 3 separate trials for each child, removing the death penalty specifications and throwing out Brittany Pilkington's alleged confession. The 23-year-old Pilkington is charged with 3 counts of aggravated murder for allegedly suffocating her three young sons, Gavin, Niall and Noah over a 13-month period. Authorities say she was jealous of the attention her husband, Joseph Pilkington, gave the boys. Investigators say Pilkington confessed to killing her 2 sons and has pleaded not guilty to all the murder charges. Her defense attorneys' are arguing that the confession was coerced. A judge previously denied motions to remove the death penalty option and moving her trial out of Logan County. Her jury trial is expected to start Feb. 27 and continue until March 24. (source: WDTN news) *** Wrongfully convicted man, Supreme Court Justice argue for ending Ohio death penalty The death penalty is coming back to Ohio. After a nearly 3-year legal fight over the drugs used in lethal injections, the state of Ohio plans to resume executions in January. Some, including the man who wrote the current death penalty law, say it's time for the ultimate punishment to meet its own end. September 26, 1988 was a day burned into the memory of Joe D'Ambrosio: the day he was arrested for murder. "Being accused of doing the most heinous crime in the world that you can do," he said. "And you know you didn't do it." Police, prosecutors, and a jury disagreed, and D'Ambrosio was convicted. "Every day I expected them to come and open the doors [and say] 'we got the wrong guy. Sorry, go home,'" D'Ambrosio said. Instead, he was sentenced to die. For more than 20 years, he sat on Ohio's death row. "All I kept seeing was darkness. I'm like, if they don't listen to me, I'm done. I'm truly, truly done," she said. One person did listen. Father Neil Kookoothe met D'Ambrosio through a prison ministry. "My initial thought I think is anybody's initial thought: 'yeah right!'" said Kookoothe with a laugh. "You're all innocent." Kookoothe, who has a law degree, examined D'Ambrosio's case file and what he found stunned him. "There's a case of wrongful incarceration of a man on death row right here in Ohio," Kookoothe said. "It was devastating to realize...a guy could lose his life and there's evidence here that he's not responsible for this." Kookoothe found gaps in the evidence that he believed proved D'Ambrosio's innocence. In 2010, D'Ambrosio walked free. In 2012, he was exonerated. "With just that bang of the gavel, I'm alive again," D'Ambrosio said. "Because when you're there, you're dead. But with that single bang of [a] gavel, it's like she shocked me and I was back to life." D'Ambrosio and Kookoothe shared his remarkable story with the Ohio Association of Criminal Defense Lawyers at the Ohio Statehouse on October 7. It was in the same statehouse in 1981 that State Senator Paul Pfeifer wrote the legislation that is Ohio's death penalty law. Now a Justice on Ohio's Supreme Court, Pfeifer wants it abolished. "I call it the death lottery," Pfeifer said. "A really bad lottery. Because depending on which county in this state you commit capital murder, makes all the difference in the world whether or not you'll face the death penalty at all." Today, just to be alive, D'Ambrosio says he is grateful. But for the irreversible injustice that almost ended his life, Kookoothe says there must be change. "There is so much at stake, that the state and the government should not be about this business," she said. Ohio's 1st execution since January 2014 is scheduled for January 12, 2017. Ronald Phillips was convicted of raping and murdering a 3-year-old girl in Summit County in 1993. (source: 10TV.com) *** Death row inmate still appealing conviction in police killing Ohio plans to resume executions of convicted killers next year, and more than 2 dozen men have already been scheduled to die. Odraye Jones of Ashtabula is not among them. Jones is still appealing his 1998 conviction in the shooting death of Ashtabula Patrolman William D. Glover Jr., according to Ashtabula County Prosecutor Nicholas Iarocci. The county cannot seek execution until every appeal has been heard and rejected, he said. "My office would have to file a death warrant when all of his appeals are exhausted in order to have the execution scheduled," Iarocci said in an email message. Jones, 40, is incarcerated at the Chillicothe Correctional Institution. He has spent 18 years, nearly 1/2 his life, on Ohio's death row. Earlier this
[Deathpenalty] death penalty news----OHIO, CALIF.
Sept. 30 OHIO: Cuyhoga County's 2nd death penalty trial this year opens Friday: a look back at the Warrensville Heights massacre Opening statements are scheduled to begin Friday for a 21-year-old man charged with aggravated murder who faces the death penalty in the 2015 massacre at a barbershop in Warrensville Heights. Douglas Shine Jr. is accused of gunning down 3 people inside the Chalk Linez barbershop on Feb. 5, 2015, by order of a heroin kingpin. It is the 2nd time this year someone in Cuyahoga County will face the death penalty. Brandon White and Walter Barfield, members of the Loyal Always gang, were shot to to death, barbershop owner William Gonzalez and several others were injured Feb. 5, 2015 in a shooting that prosecutors say was part of an ongoing beef between the gang and Tevaughn "Big Baby" Darling's drug operation. According to prosecutors, Shine's criminal history began when he was a juvenile. He was convicted of 2 robberies, an assault, 2 criminal damaging incidents, 4 burglaries and an attempted burglary by the time he was 15 years old. Over the next year he committed another robbery, 2 felonious assaults, another burglary and unlawful carrying of a concealed weapon, and pleaded guilty to a series of offenses in 5 separate criminal cases. He served 4 years in prison and was released on Dec. 22, 2014. The barbershop massacre spawned a series of revenge killings and arrests. Here's a look back at the Warrensville Heights killings and the events that led to the shootings and the trail of death that followed. April 24, 2014 -- Loyal Always gang members Stefon "Ching" Robinson robbed Tevaughn "Big Baby" Darling during a dice game. He later told police, that he knew Darling would seek retribution. Jan. 12, 2015 -- Another Loyal Always member, Deandre "Prada" Gordon, robbed Darling at his home in Bedford Heights with a .45 caliber hand gun, the Cuyahoga County prosecutor's office said. Gordon shot Darling in the foot, stole money and drove away in Darling's rental car. Jan. 20 -- Robinson was part of a 5-man card game inside his grandmother's home on Angelus Avenue. He phone rang and he walked outside. Shine jumped from a minivan and shot Robinson 13 times with a .9mm handgun, the Cuyahoga County prosecutor's office said. Robinson survived. Jan. 22 -- Police respond to a call of shots fired at the intersection of Martin Luther King, Jr. Drive and and Corlett Avenue. Witnesses tell police they saw a man fire 7 to 10 shots. The man jumped out of a GMC Acadia and got into a white Toyota Avalon. Police later learned that the GMC was being driven by Lashawn Roby, a known associate of Shine, and determined that Walter Barfield fired shots at Shine, reports say. Jan. 24 -- A man later identified as Shine opened fire on a car driven by Brandon White, police said. The shooter missed White's Ford Taurus, but hit another car on East 149th Street three times. Feb. 5 -- A man dressed in all black walked into the Chalk Linez Barbershop in Warrensville Heights about 8:30 p.m. Shine walked up to Barfield, smiled and fired 2 shots at close range, prosecutors say. Armed with a gun in each hand, Shine turned and opened fire on the remainder of the barbershop, prosecutors say. William Gonzalez and Brandon White are also killed and 3 others were injured. It is the deadliest shooting in the suburban city's history. Feb. 13 -- Shine is arrested after police surround the Clement Avenue home where he was hiding, police said. Officers tracked him down by following the owner of the GMC Acadia from the Jan. 22, 2015 shooting on Martin Luther King Jr. Avenue. Lashawn Roby rented a Volkswagen Passat after the barbershop shooting, and was seen visiting to the Clement Avenue home, according to court filings. Roby later pleaded guilty to attempted obstruction and was sentenced to 180 days in jail. Feb. 19 -- Aaron Ladson, the brother of barbershop shooting victim Brandon White, told investigators that he saw Shine walk in and out of the barbershop during the shooting. He was taken to county jail "for his own protection," according to motions filed by Cuyahoga County Prosecutor Timothy J. McGinty. His attorney on several outstanding drug cases, Ralph DeFranco, successfully filed a motion in court to have Ladson released. DeFranco also represented Shine's cousin, Darling. March 16 -- DeFranco's motion was granted, and Ladson was released from county jail. He would stay under GPS monitoring at his grandmother's house on Harvard Avenue. April 28 -- Prosecutors file new charges against Shine, this time including underlying felony specifications that level the death penalty as the maximum sentence if Shine is convicted at trial. June 4 -- Ladson, who needed to attend a pretrial hearing for his pending drug cases, walked to his car in the driveway of his grandmothers home. A hitman in a black SUV driven by Lawrence Kennedy fatally shot
[Deathpenalty] death penalty news----OHIO, TENN., NEB., N.MEX., ARIZ., USA
Sept. 30 OHIO: Ohio man could be linked to slayings of 5 women A homeless Ohio man who was charged with 2 murders last week could now be linked to the slayings of up to 5 different women. Shawn M. Grate, 41, was captured earlier this month after a woman he allegedly kidnapped called 911 while he was sleeping. After he was taken into custody, police searched the abandoned house he was occupying and found the bodies of Stacey Stanley, 43, and Elizabeth Griffith, 29. "These are some of the most horrific crimes I've seen in my 15 years as a criminal prosecutor," Ashland County Prosecutor Christopher R. Tunnell said in a press release. Stanley, from Greenwich, Ohio, had been missing since September 8. Griffith was killed between August 16 and September 13, according to court documents. Grate has been charged with 23 crimes, including 2 murders, multiple counts of rape, kidnapping, and gross abuse of 2 corpses. He pleaded not guilty through his attorney at an arraignment Thursday morning. Grate faces 2 death penalty charges. 'There wasn't anything left of her' However, new information gathered from the investigation could link Grate to three other killings in surrounding areas of north-central Ohio. After Grate was initially arrested, he led police to a third body found near the rubble of a burned home in Richland County, which neighbors Ashland County. Richland County Chief Investigator Bob Ball said the body had been in the woods since June 6. "It'll come down to bone marrow," Ball said. "There wasn't anything left of her." DNA testing is underway to confirm the body's identity, but that process could take up to 2 weeks, according to Richland County Major Joe Masi. The case of another woman's death has been reopened since Grate's arrest, according to the Mansfield Police Department. Rebekah Leicy's body was found in a wooded area in Ashland County on March 16, 2015. Officials previously believed that Leicy died from a drug overdose, according to the Mansfield Police Department. The original autopsy, which found that Leicy was a heroin user, ruled her cause of death intoxication by the combined effects of morphine, cocaine and buprenorphine. But it also noted a series of abrasions on her face, arms and right leg. His 1st victim? Grate could also be linked to the slaying of an unidentified woman whose body was found in 2007 in Marion, Ohio. He told investigators she was the 1st woman he killed. He described her as "tall, thin, early 20's, and with good teeth," according to Marion Police Department Lieutenant Christy Utley. Officials believe the unidentified woman sold magazine subscriptions in Marion, which is about 60 miles from Ashland County. Grate told investigators that he lured the woman into his car by pretending to purchase magazines from her, Utley said. He said he then stabbed her and hid her body in the basement of his Marion residence at the time, according to Utley. Grate told investigators he killed the woman after his mother was upset she hadn't received her magazines. Grate is being held in the Ashland County Jail on $1 million bond. His lawyer did not wish to comment on the ongoing investigation. (source: CNN) * Cincinnati mom accused of murder: 'The world want the death penalty, give it to them?' A woman accused of killing her daughter was in court Thursday, a day after her husband was sentenced to death for the same crime. Andrea Bradley is charged with murder, facing the possibility of being sent to death row if convicted of killing Glenara Bates. Bradley was previously offered a plea deal that would have spared her, by sending her to prison for life, but she rejected that plan. Her defense attorneys have pursued a different strategy, arguing instead that her mental capacity would disqualify her from being put to death. Courts have ruled someone who suffers from intellectual disabilities cannot be executed. Her attorneys say her IQ falls below the threshold. They asked the judge for more time for experts to finish up reports they say would confirm it. In court, Bradley seemed uninterested in the effort to spare her life. "It don't matter what I want, give the world what they want. The world want the death penalty, give it to them. I don't care," she said. Her husband, Glen Bates, was found guilty this week in Glenara's death and was sentenced to death on Wednesday. Another hearing for Bradley is scheduled for early October. (source: WLWT news) TENNESSEE: DA to seek death penalty in double-murder case Tenth District Attorney General Steve Crump filed notice Wednesday he would seek the death penalty for Ross Hamilton Anderson, who was charged in the 1st-degree murders of a Cleveland woman and her young son. The murders occurred at a residence located at 239 Hillview Drive N.W. The filing in Bradley County Criminal Court reads: "At the sentencing
