[Deathpenalty] death penalty news----OHIO, TENN., KAN., NEB., WYO. CALIF.

2015-08-27 Thread Rick Halperin





Aug. 27



OHIOmother may face death penalty

Bellefontaine Mom Indicted for Murder of Sons, Could Face Death Penalty


An Ohio woman accused of killing her 3 sons over a 13-month period out of 
jealousy at the attention her husband paid them has been indicted on aggravated 
murder charges and could face the death penalty.


Aggravated murder charges against Brittany Pilkington in Bellefontaine were 
announced Tuesday by the Logan County prosecutor.


Investigators say the 23-year-old smothered 2 sons, 1 in July 2014 and the 
other on April 6. Authorities took custody of her 3rd son after he was born 3 
months ago, but a judge allowed him to return home because there wasn't 
conclusive evidence the older boys had been killed. The 3rd son died Aug. 18.


Pilkington's mother said Pilkington told her in a jailhouse phone call that 
she's innocent.


Pilkington is jailed on $1 million bond.

(source: Associated Press)

***

Women on Death Row


Brittany Pilkington of Bellefontaine could face the death penalty if she's 
convicted of murdering her 3 young sons by suffocation, but ABC 22/FOX 45 
wanted to find out how her case stacks up against other capital cases in Ohio 
that involve women.


In Ohio, death sentences for female suspects are so rare that there currently 
is only one woman on the state's death row; 71-year-old Donna Marie Roberts.


She was a middle-aged, short lady who had been used to a very privileged 
lifestyle, said Attorney for the State LuWayne Annos during a 2013 hearing at 
the Supreme Court.


She was describing Donna Roberts' motivation for hiring a hit man to kill her 
husband to cash in on the insurance money.


She never said to the court 'Don't sentence me to death', Annos continued.

Roberts was sentenced and imprisoned in 2003, and has remained on death row 
ever since, even though she tried to appeal the sentence twice.


Are you more responsible if you hire it done, or if you do it yourself might 
be the question there, said Jefferson Ingram, a criminal justice professor at 
the University of Dayton who studies the death penalty.


Jefferson said he believes planning a murder makes cases more likely to be 
death penalty eligible. A woman who would hire a hitman to take out her 
husband has clearly done that, she's planned it out ahead of time. But, in the 
cases of suffocation it's not an instant death, there was planning and ongoing 
planning while that's going forth so it's difficult to say which one is worse.


In another Miami Valley capital case, China Arnold faced the death penalty 
after she was accused of microwaving her 4-week-old baby, Paris, to death in 
2005.


Arnold was sentenced to life in prison without the possibility of parole for 
the crime, but also appealed the conviction while her family maintained her 
innocence. Arnold could be seen crying in the courtroom during a sentencing in 
2011.


Ingram thinks that show of emotion may have helped Arnold escape the death 
penalty, the same way he thinks it could hurt Brittany Pilkington, who after 2 
appearances in court has shown little emotion. Prosecutors described her affect 
as flat during her interviews, and those close to her report she did not cry 
at the funerals for her first two sons, Niall and Gavin.


[She] doesn't have the demeanor of someone who has some remorse, then that may 
help get the death penalty, too, Ingram said.


Donna Marie Roberts remains on Ohio's death row with no scheduled execution 
date.


Pilkington's case will be heard again in Logan County in September.

(source: ABC news)






TENNESSEE:

Tennessee will keep lethal injections for death row executions, court rules


Judge rejects claim from 33 death row inmates and says they did not prove the 
1-drug method led to a painful and lingering death


A judge in Tennessee has upheld the state's lethal injection process for 
executing inmates, hours after a federal judge in Mississippi said that state's 
process may break the law.


At issue in both cases is the efficacy of the states' execution drugs. US 
states have been experimenting with various combinations of lethal injection 
since a European-led boycott made it difficult to obtain the drugs they require 
to carry out executions.


Tennessee uses a single drug, pentobarbital, to execute its inmates; 
Mississippi relies on a 3-drug mixture including a pentobarbital or midazolam, 
sedatives that are followed by a paralysing agent and a drug that stops an 
inmate's heart.


In Tennessee, Davidson county chancery judge Claudia Bonnyman said from the 
bench that the plaintiffs, 33 death row inmates, did not prove that the 1-drug 
method led to a painful and lingering death.


She also said the plaintiffs did not show during a lengthy trial that there had 
been problems in states where the method was used.


Plaintiffs were not able to carry their burdens ... on any of their claims, 
Bonnyman said.


In Mississippi, meanwhile, US district judge Henry T 

[Deathpenalty] death penalty news----OHIO, TENN., KAN., UTAH

2014-11-25 Thread Rick Halperin





NOV. 25



OHIO:

Ohio Could Pass the Country's Most Extreme Secret Executions BillA new 
law could make it almost impossible to know what really happens in the death 
chamber.



The execution of Dennis McGuire on January 16 of this year did not go as 
planned. Injected with an untested cocktail of drugs, the Ohio death row inmate 
gasped, choked, and writhed in his restraints. McGuire was declared dead after 
26 minutes, having endured the longest execution in the state's history.


To a degree of medical certainty, this was not a humane execution, an 
anesthesiologist testified in a subsequent federal lawsuit against the state's 
execution team. The lawsuit, filed by McGuire's children, declares the 
execution method used on McGuire cruel and unusual and seeks to block its 
further use in Ohio.


Yet state lawmakers are now rushing to pass a secret executions bill that 
would make it harder to know what really happens in the death chamber. If 
passed, HB663 will drop a veil of secrecy over the death penalty by exempting 
anyone participating in a lethal injection from public records requests that 
might reveal their identities or duties. It would apply to medical and 
nonmedical staff, companies transporting or preparing supplies or equipment 
used in executions, and the providers of the drugs used in the lethal 
injection.


Introduced just 2 weeks ago in a lame-duck session, the bill sailed through 
committee and was passed by the state House last Thursday, 62 to 27. The bill 
now moves to the Senate, which could vote on it as early as the first week of 
December. Most of the measure's support comes from Republicans, who control 
both chambers of the legislature. It is not clear whether Gov. John Kasich, a 
Republican who supports the death penalty but has been generous in granting 
clemency, will sign the bill if it comes to him. The Ohio chapter of the 
American Civil Liberties Union (ACLU) reports that the bill's sponsors have 
claimed that they have Kasich's support.


This is the most extreme lethal injection secrecy bill that we've seen 
nationwide.


After McGuire's botched execution, a federal judge issued a moratorium on 
capital punishment in Ohio until January 2015. The state's next execution is 
scheduled for February. This imminent deadline is part of what's driving the 
legislature's urgency to pass the execution secrecy bill. The European 
suppliers of the state's preferred execution drug, pentobarbital, now refuse to 
sell it for use in executions. Lawmakers hope that the promise of anonymity 
will goad local compounding pharmacies into providing the drug.


If it goes into law, the bill would make it exceedingly difficult for the 
public or the press to investigate executions. Under the law, participants in 
executions may be sued if they reveal any confidential information or 
identities. The law also would undermine prisoners' due process rights, 
according to the ACLU: By exempting the participants in lethal injections from 
subpoenas and discovery proceedings, the law would make it virtually impossible 
for inmates' lawyers or courts to depose or question anyone with knowledge of a 
particular execution or death-penalty protocol. A late amendment to the bill 
does make limited room for disclosure through private judicial hearings.


Thirteen other states have passed or tried to pass these sorts of gag rules. 
The bills are also growing more broad. The trend we see in the more recent 
confidentiality statutes is an enhancement of both the breadth and depth of 
secrecy surrounding execution procedures, notes Megan McCracken, an attorney 
at the death penalty clinic at the University of California-Berkeley law 
school.


But Ohio's bill goes even further. First, it would void any contract, domestic 
or international, that would hinder the state's ability to obtain execution 
drugs. It also extends professional immunity for participants in executions, 
stating that licensing organizations can not take any disciplinary action 
against physicians, pharmacists, or other staff. Many professional 
associations' codes of conduct prohibit participation in capital punishment, 
and the Ohio State Medical Association has expressed concerns about the bill's 
intent to statutorily void parts of the medical ethics code. I think this is 
the most extreme lethal injection secrecy bill that we've seen nationwide, 
says Brickner.


The original version of the bill, sponsored by state Rep. Jim Buchy 
(R-Greenville), sought to ensure permanent blanket secrecy. An amended version 
requires individuals and companies involved in executions to opt-in for 
anonymity, and would make their identities public 20 years after they finish 
their business with the state. 20 years later is a rather pointless exercise, 
says Mike Brickner, senior policy director at the ACLU of Ohio. If the company 
has a 10-year contract, you wouldn't see that information in your lifetime.


With 4 botched executions in the 

[Deathpenalty] death penalty news----OHIO, TENN., KAN., ARIZ., CALIF.

2014-11-18 Thread Rick Halperin





Nov. 18


OHIO:

Fast-tracked bill would shield execution drug


Opponents have lined up to testify against a fast-tracked legislative proposal 
to shield the names of companies whose drugs are used for lethal injections in 
Ohio.


The bill introduced a week ago and already set for a vote later this week in 
the House Policy and Legislative Oversight Committee also would bar companies 
from entering into contracts prohibiting states from acquiring drugs for 
executions.


The bill also prevents information about a lethal injection drugmaker or 
distributor from being disclosed in court.


Such a proposal raises separation of power issues at the state and federal 
levels and likely would be ignored by a federal judge, state public defender 
Tim Young planned to tell the committee.


The Republican-backed legislation is sponsored by state Reps. Jim Buchy and 
Matt Huffman and pushed by prosecutors, who say the bill is needed to help 
restart executions in the state. Buchy has said he believes the bill is 
constitutional.


The American Civil Liberties Union of Ohio and other groups also planned to 
testify at Tuesday's hearing.


Lawmakers are rushing the plan through before year's end even though the state 
prisons agency first proposed the need for confidentiality almost 2 years ago.


Ohio's execution policy calls for the warden over death row to determine a 
month ahead of time if the state has enough drugs for an execution.


The state's next scheduled execution is Feb. 11, when Ronald Phillips is set to 
die for the 1993 killing of his girlfriend's 3-year-old daughter.


That puts the state's deadline for obtaining its 1st choice - compounded 
pentobarbital - by early next year.


Executions have been on hold since January, when inmate Dennis McGuire gasped 
and snorted during a 26-minute execution that raised questions about the 2-drug 
method used to put him to death that had never been tried. Problems with this 
combo were further underscored in July when an Arizona inmate took nearly 2 
hours to die.


A federal judge delayed executions because of questions raised by McGuire's 
death.


(source: Associated Press)






TENNESSEE:

Former death row inmate addresses TN death penalty


At a time when more people are questioning the death penalty, Tennessee is 
trying to push through multiple executions.


According to Death Penalty Information Center, there are 9 inmates with 
scheduled executions in Tennessee and 2 with stays.


Monday night, a former death row inmate spoke at the University of Tennessee 
about how he was convicted of a crime he did not commit.


Ray Krone served more than 10 years in prison.

In 1991, Kim Ancona, 36, was murdered in a Phoenix, Arizona bar. Investigators 
pinpointed the murder, kidnapping and sexual assault on Krone. A jury then 
found Krone guilty of her murder and kidnapping.


Once you're arrested, it's really hard to fight that system. It cost so much 
money that even working for the post office, I couldn't come near affording the 
$100,000 to defend myself. And being innocent, I thought, 'What do I have to 
worry anyway? I'll be fine. I didn't do anything,' Krone said.


Krone was sentenced to death in 1991. It was not until 2002 that DNA testing 
proved Krone to be innocent.


It's just important for everyone to understand that the justice system isn't 
perfect and there are people out there that are behind bars for crimes they 
didn't commit, said Phillip Gaul, a UT senior and treasurer for Young 
Americans for Liberty at UT.


Young Americans for Liberty hosted the conversation. They were joined by 
Tennesseans for Alternatives to the Death Penalty, Conservatives Concerned 
About the Death Penalty and the Knoxville Chapter of the National Association 
for the Advancement of Colored People (NAACP).


The discussion included a growing number of conservatives who are rethinking 
the death penalty.


We do exist to change that narrative because there is a fiction out there that 
all conservatives support the death penalty. And I'm proof that we don't and 
we're out there trying to change that narrative, said Marc Hyden, advocacy 
coordinator for Conservatives Concerned About the Death Penalty.


It is Krone's hope that a new narrative will form in Tennessee--one that 
doesn't include the death penalty.


Right now, here in Tennessee, they want to rush the executions. Tennessee has 
had a number of exonerations itself. We don't get it right always, Krone said. 
We have a problem when we have a punishment, execution of taking someone's 
life, when we can't actually be absolutely sure.


Krone, originally from Pennsylvania, now lives in Newport. He is the director 
of membership and training for Witness to Innocence.


(source: WBIR news)

*

Supreme Court overturns Dickson inmate's death sentence


The Tennessee Supreme Court has overturned the death sentence for an inmate 
convicted of a 1995 murder and kidnapping. A statement from the 

[Deathpenalty] death penalty news----OHIO, TENN., KAN.

2013-12-05 Thread Rick Halperin






Dec. 5



OHIO:

Proposal To Abolish Death Penalty Appeals To Cost-Conscious


There's another bill in the Ohio House of Representatives to abolish the death 
penalty.


Democratic State Representative Nickie Antonio is one of the bill's sponsors. 
She says the death penalty needs to be banned because it currently is levied 
disproportionately upon African Americans and poor Ohioans. And she says it 
costs many times more to prosecute death penalty cases. This isn't the 1st time 
a bill to scrap the death penalty has been introduced but Antonio is hoping 
majority Republicans will embrace it this time around because it is fiscally 
responsible and respects life.


Antonio - It's important for us to focus on the political reality of the state 
of Ohio. The death penalty is expensive. So if we have fiscal conservatives 
among us - this is the bill for them. This should be a bill they can support. 
We have people who believe in the sanctity of life. This is a bill that they 
should definitely support. Even the most conservative among us should support 
this bill then.


Antonio notes those convicted in wealthier counties are more likely to receive 
the death penalty than those who commit the same crimes in poorer counties. 
Antonio's bill would allow for a sentence of life in prison for the most 
heinous crimes. Her bill is supported by some faith leaders but so far, no 
Republican has signed on to the legislation.


(source: WCBE News)

**

State Rep. Dan Ramos opposes death penalty


Rep. Dan Ramos, D-Lorain, said he understands that some relatives of homicide 
victims want to see the killers executed. Nonetheless, Ramos supports 
abolishing the death penalty contending it is inhumane, unequally applied and 
too expensive.


Ramos on Tuesday joined anti-death penalty advocates in Columbus to support a 
bill replacing Ohio???s death penalty with life in prison without parole. The 
bill is expected to be formally introduced later this month.


Noting the 143 people sentenced to death who were exonerated since 1973, 
according to the Death Penalty Information Center, Ramos said the death penalty 
has the potential to execute innocent people. The center said states with the 
death penalty have higher murder rates than states without it, which Ramos said 
proves it is not a deterrent to murder. Ramos said the death penalty is 
unequally applied in Ohio where 47 people have been executed since 2003.


The last Lorain County resident executed was Daniel Wilson in 2009 for the 1991 
murder of Carol Lutz. Ramos said 62 % of death penalty candidates come from 
seven of Ohio's 88 counties. He said counties with larger prosecutorial staffs 
tend to seek the death penalty disproportionately. Ramos said about 25 % of 
death row inmates are from Hamilton County, but just 9 % of Ohio's murders 
occurred there.


It is clear that it is being applied unequally, Ramos said. The geographic 
area or the socioeconomic background you come from shouldn't determine whether 
you're sentenced to death or to life in prison. Ramos said death penalty cases 
cost taxpayers millions of dollars and the length of cases, which can take a 
decade or more, traumatize homicide victims' families. They have to keep 
reliving it, he said.


3 people have been executed in Ohio this year and the next execution is 
scheduled for January, according to Ricky Seyfang, an Ohio Department of 
Rehabilitation and Correction spokeswoman. New drugs will be used for the 
lethal injection because death penalty states like Ohio have had difficulty 
buying pentobarbital. Drug companies have balked at selling it for executions.


Ramos said the negatives of the death penalty outweigh the positives and 
support for it is decreasing. An October Gallup poll found 60 % of Americans 
support the death penalty, the lowest level since 1972. However, Dennis Will, 
Lorain County prosecutor, said he supports the death penalty in particularly 
heinous cases. He said the issue is being studied by a task force of academic 
experts, defense lawyers, lawmakers and prosecutors, but it is ultimately up to 
the Legislature. The legislature needs to debate this openly, vet it fully and 
then make a determination, Will said. Whatever they arrive at we will 
enforce.


(source: Chronicel-Telegram)

***

Death specs added in nearly 30-year-old Cleveland killingSuperseding 
indictment issues in case against Hernandez Warren



A 58-year-old Cleveland man now faces the death penalty in the murder nearly 30 
years ago of a 14-year-old girl.


The Cuyahoga County Prosecutor's Office announced the new indictment of 
Hernandez Warren today in the death of Gloria Pointer, who disappeared on her 
way to school in early December of 1984. She was to get an award for perfect 
attendance that day.


Warren is accused of aggravated murder, rape and kidnapping. He was jailed in 
May after old DNA samples from the crime scene matched Warren.


(source: WKSU