[Deathpenalty] death penalty news----TEXAS, DEL., GA., FLA., ALA., TENN., ARK., USA

2019-06-13 Thread Rick Halperin






June 13



TEXAS:

Patrick Murphy: the story of the ‘Texas 7’ murderer on death row featured in 
the ITV documentary Countdown to ExecutionThe convicted murderer is still 
waiting for his execution date




Patrick Murphy – 1 member of the Texas 7 – has been waiting on death row for 
years, and will eventually be executed by lethal injection.


Murphy is the subject of death row: Countdown to Execution, a new ITV 
documentary presented by Susanna Reid who visited and interviewed Murphy as he 
sits and waits for his fate.


Reid will interview inmates who are due to be executed by lethal injection, and 
will also speak to lawyers and the residents of Huntsville, Texas, to find out 
what it’s like to live with America’s most active death chamber on their 
doorstep.


But who is Patrick Murphy and what exactly did he do to be sentenced to death?

On 13 December 2000, Patrick Murphy became notorious when he and 6 other 
prisoners broke out of the John B. Connally maximum-security prison in Texas, 
United States, and they became known as the Texas 7.


They were Donald Newbury, Randy Ethan Halprin, Larry James Harper, Joseph C. 
Garcia, Michael Anthony Rodriguez and George Rivas, who was the ringleader.


At the time of the breakout, Murphy had been serving a 50-year sentence for 
aggravated sexual assault.


He and his fellow inmates overpowered and restrained nine maintenance 
supervisors, four correctional officers, and three inmates. They then stole a 
white prison truck in which to escape in before dumping it in a Wal-Mart car 
park and fleeing to San Antonio.


To get money, they robbed a branch of Radio Shack before checking into a motel 
and robbing a sporting goods store in the nearby town on Christmas Eve.


They bound and gagged all the staff and stole 44 guns, ammunition and $70,000 
in cash. Murphy acted as lookout and getaway driver and heard that someone had 
called the police through his scanner.


Irving police officer Aubrey Wright Hawkins responded to the call but when he 
arrived he was ambushed, shot 11 times and run over as the gang escaped. He 
later died in hospital.


A $100,000 reward was offered to capture the gang, which rose to $500,000. 
Thanks to an episode of America’s Most Wanted, 6 of the gang were apprehended 
while the 7th man, Larry Harper, killed himself before he could be arrested.


Why is Murphy now on Death Row?

As it was unclear who shot and killed Officer Hawkins, all 6 surviving men were 
charged, convicted and sentenced to death for his murder under the Law of 
Parties.


This allows for a person to be held criminally responsible for another’s 
actions if that person acts with “the intent to promote or assist the 
commission of the offence and solicits, encourages, directs aids, or attempts 
to aid the other person to commit the offence”. It also states that if, “in the 
attempt to carry out a conspiracy to commit one felony, another felony is 
committed by one of the conspirators, all conspirator are guilty of the felony 
actually committed”.


Garcia, Newbury, Rivas and Rodriguez have all been executed while Halprin and 
Murphy are still incarcerated on death row.


When is Murphy due to be executed?

Murphy was originally scheduled for execution on 28 March 2019, but the Supreme 
Court granted him a last minute reprieve because his constitutional right to 
freedom of religion had been violated when his Buddhist spiritual adviser was 
refused entry into the death chamber.


(source: inews.co.uk)








DELAWARE:

Speak Out: Death penalty debate



Readers reacted to a recent letter by Kristin Froehlich headlined “No to death 
penalty reinstatement.”


• It’s not a deterrent cause we don’t use it! We give the criminal 25 years of 
appeals! While locked up, they get 3 meals, a bed, TV, internet, iPads and free 
schooling! Let’s turn prison back into prison! It’s not supposed to be a 
state-funded hotel stay! — Dean Grabowski


• As I said in my letter, “Wilmington was called Murdertown USA and law 
enforcement officers were killed in Delaware while the death penalty was 
active.” — Kristin Froehlich


• I’m not sure why it’s supposed to be a deterrent. It’s a punishment. People 
kill other people and they aren’t deterred by whatever might happen to them. 
People steal and aren’t deterred by the chance of losing their freedom. People 
are going to do whatever they want. A society only stays in balance by 
punishing those who choose to not follow the basic rules of society. A 
5-year-old needs correcting when he does something he’s not supposed to do. A 
25-year-old who shoots a store clerk doesn’t need correcting. — Christopher 
Foxwell


• Society is too soft on criminals. If you murder someone or commit a horrible 
crime, there should be real consequences like the death penalty. Problem has 
been they don’t get sentenced and then the sentence carried out. Why all the 
years on death row? Why pay to support murderers who are worthless to society 
or 

[Deathpenalty] death penalty news----TEXAS, DEL., GA., FLA., OHIO

2016-12-04 Thread Rick Halperin




Dec. 4




TEXAS:

3 teens charged with capital murder in death of 4-year-old Texas girl


3 people have been charged with capital murder in the shooting death of 
4-year-old Ava Castillo.


3 teenagers have been charged with capital murder in the death of a 4-year-old 
Texas girl, authorities announced Friday.


The Harris County Sheriff's Office identified the suspects as Marco Miller, 17, 
Philip Battles, 18, and Ferrell Dardar, 17.


Miller and Dardar did not appear in court as expected Friday night, but a 
prosecutor revealed that an anonymous tip first led investigators to Battles, 
also known as "Peewee." She said Battles implicated Miller and Dardar.


"They're just cowards, cowards," Julie Gomez, the victim's aunt, told KTRK.

Ava Castillo was gunned down Nov. 14 during a robbery in the parking lot of the 
apartment complex where she lived. Her mother was shot and wounded 7 times, and 
her 10-year-old sister was grazed by a bullet.


"I'm sorry I wasn't there to protect you like I wish I could," Diana Gomez, 
Ava's mother, said in an exclusive interview Tuesday.


Investigators said the suspects are part of a crew responsible for a number of 
other violent crimes that are still under investigation.


Battles is also charged with capital murder in the death of 62-year-old Ignacio 
Ortega. Dardar was out on bond for 3 counts of aggravated robbery when Ava was 
killed. Miller has no prior record.


The Harris County District Attorney's Office decide whether to pursue the death 
penalty in the case.


"I'm for the death penalty, but that's too easy. That's too easy. You put a dog 
to sleep," said Julie Gomez. "They don't deserve that. I want them to live 
their miserable lives in jail for the rest of their lives."


The 3 suspects were being held in jail without bond.

(source: ABC news)






DELAWARE:

Death row legality case to be heard Wednesday


The Delaware Supreme Court will hear a case Wednesday that could decide the 
fate of the 13 men currently on the state's death row.


In August, the court threw out the death penalty, ruling a portion of it was 
unconstitutional. However, the justices did not issue a ruling on whether the 
decision was retroactive, meaning the individuals already sentenced to death 
still face execution.


In October, lawyers for convicted murderer Derrick Powell submitted a brief 
arguing the ruling should apply to Powell and the other 12 men awaiting death, 
bringing the issue to the forefront.


While the case is superficially focused on Powell, who killed Georgetown police 
officer Chad Spicer in 2009 and was sentenced to death 2 years later, it could 
reverberate well beyond him.


A broad decision could change sentences for those already on death row to life 
in prison or it could affirm their convictions.


The Supreme Court will hear arguments from Powell's lawyers and the Department 
of Justice Wednesday at 10.


August's ruling came about, justices said, because the Delaware death penalty 
violated the Sixth Amendment, which guarantees right to a trial by jury. The 
law did not require the jury to rule unanimously on whether aggravating 
circumstances outweighed mitigating factors and gave the judge final discretion 
to sentence death.


Because the unconstitutional provision was so intertwined with the rest of the 
law, justices were "unable to discern a method by which to parse the statute so 
as to preserve it," Chief Justice Leo Strine wrote in the landmark August 
ruling, with Justices Randy Holland and Collins Seitz concurring.


In court filings, Powell's lawyers said the August ruling should apply to the 
inmate. Any other decision, wrote Patrick Collins and Natalie Woloshin, would 
be "a ratification of a 40-year misstep that is anathema to our understanding 
of the Sixth Amendment."


"If Derrick Powell is executed, it will be because he had the misfortune to be 
sentenced during a period of constitutional jurisprudence that has now been 
recognized as misguided, and corrected," the lawyers wrote.


The Department of Justice, contrast, argued the August ruling is a "procedural, 
not substantive, change" and noted the death penalty itself was not found 
unconstitutional.


"'No one, not criminal defendants, not the judicial system, not society as a 
whole is benefited by a judgment providing that a man shall tentatively go to 
jail today, but tomorrow and every day thereafter his continued incarceration 
shall be subject to fresh litigation,'" wrote Chief of Appeals Elizabeth R. 
McFarlan and Deputy Attorney General John R. Williams, quoting U.S. Supreme 
Court Associate Justice John Marshall Harlan II.


5 separate briefs have been submitted by organizations or individuals 
supporting Powell's claims. Among those filing the briefs are lawyers for 
former death row inmate Luis Cabrera, whose death sentence was overturned in 
June 2015. Appeals in the case have been stayed while Powell is deliberated.


The American Civil Liberties Union of 

[Deathpenalty] death penalty news----TEXAS, DEL., GA., FLA.

2016-12-01 Thread Rick Halperin






Dec. 1



TEXAS:

Will the Supreme Court Stop Texas from Executing the Intellectually Disabled?


Since the Supreme Court reinstated the death penalty in the United States, in 
1976, Texas has been responsible for more than 1/3 of the country's executions 
- 538 out of 1440. The most egregious reason is the state's unique and grudging 
approach in cases where the defendant claims intellectual disability.


In 2002, in Atkins v. Virginia, the Supreme Court reached the decision that, no 
matter how heinous the crime, an intellectually disabled person cannot be 
sentenced to death. Disabilities of reasoning, judgment, and control of 
impulses, the Court said, do not allow a person to "act with the level of moral 
culpability that characterizes the most serious adult criminal conduct." 
Because offenders with intellectual disabilities are less blameworthy, the 
Court said, imposing the death penalty contributes neither to deterrence of 
capital crimes nor to retribution for them, and so it causes "purposeless and 
needless" pain and is cruel and unusual punishment.


The Court recognized that there was "serious disagreement" about which 
offenders were intellectually disabled. "Not all people who claim to be 
mentally retarded will be so impaired as to fall within the range of mentally 
retarded offenders about whom there is a national consensus," the majority 
opinion said. ("Intellectual disability" has replaced "mental retardation" as 
the favored term.) The Court anticipated a variety of approaches to enforcing 
its prohibition, and left to the states "the task of developing appropriate 
ways to enforce the constitutional restriction upon its execution of 
sentences."


Most states with the death penalty rely on a combination of intelligence 
testing and clinical assessment to confirm that a defendant has severe 
intellectual disabilities. In 2004, the Texas Court of Criminal Appeals, the 
state's highest criminal court, created its own definition of intellectual 
disability, in a case called Ex Parte Jose Garcia Briseno. In the Briseno 
opinion, the C.C.A. said that reliance on clinical testing is "exceedingly 
subjective." The court's responsibility, it said, was "to define that level and 
degree of mental retardation at which a consensus of Texas citizens would agree 
that a person should be exempted from the death penalty." The court decided it 
was possible to be intellectually disabled according to medical and scientific 
standards, which apply to no more than three per cent of Americans, yet not 
disabled enough to be exempt from execution in Texas.


The Texas approach to intellectual disability is so different from national 
standards that, according to the American Bar Association, the state has 
regularly sentenced to death "defendants with intellectual disabilities whom 
other jurisdictions almost certainly would have recognized as exempt." Jordan 
Steiker, a professor at the University of Texas Law School, and Richard Burr, 
the lawyer who represented Jose Briseno before the C.C.A., estimate that Texas 
has executed 30 to 40 people with strong claims of intellectual disability, and 
that between 30 and 40 of the 242 people on the state's death row have 
similarly strong claims to exemption. This week in the Washington Post, Steiker 
and his sister, Carol Steiker, a professor at Harvard Law School, wrote that 
Texas "focuses on questions that no medical professional would deem appropriate 
in diagnosing intellectual disability, such as whether an offender's family and 
friends thought he had intellectual disability." They continued, "Instead of 
relying on the same approach to intellectual disability that Texas uses in 
every other context (such as placement in special education or eligibility for 
disability benefits), the court sought to redefine the condition in the capital 
context so that only offenders who meet crude stereotypes about intellectual 
disability are shielded from execution."


On Tuesday, the Supreme Court heard oral arguments in Moore v. Texas, about 
whether the state is violating the Constitution by prohibiting judges from 
using current medical standards in deciding whether a defendant, Bobby James 
Moore, is exempt from capital punishment. Moore, now 57, has been on death row 
for 37 years for his part in a failed supermarket robbery in Houston, in which 
he shot and killed a sales associate. (Moore has said the shooting was 
accidental.)


In 1995, a federal district court granted Moore a new sentencing hearing after 
the court found that his lawyers had "grossly mishandled the representation of 
Moore and violated their oath as members of the bar with astonishing frequency" 
by, among other ways, failing to present any mitigating evidence, including of 
the defendant's impaired mental development and functioning. In 2001, he was 
sentenced to death again, after a jury determined that there was not sufficient 
mitigating evidence to warrant a sentence of life 

[Deathpenalty] death penalty news----TEXAS, DEL., GA., FLA., ALA., LA.

2016-10-18 Thread Rick Halperin






Oct. 18



TEXAS:

3 reasons the death penalty is dying


Have you ever killed somebody? The question in and of itself is haunting.

Have you ever killed somebody? Each word rattles my soul.

Have you ever killed somebody? The more times I ask the question, the more 
times I'm brought face-to-face with my own complicity in killing.


Most people don't think about it like that. The more times I ask the question 
to others, the more times I get adamant denials of ever being involved in 
killing anyone. Yet in the midst of a quickness to absolve ourselves of any 
evil, there is our death penalty. Each time the State of Texas kills someone, 
the citizens are responsible. Since 1982, we have killed 538 people.


There is no hope to be found in what we are. There is only hope to be found in 
what we can become.


Recently, the Pew Research Forum reported that support for the death penalty 
hit its point lowest in four decades. I grabbed my heart and almost fell over. 
Though I'd known that support for the death penalty has been declining for a 
number of years nationally, this was the first time that I'd realized had 
fallen so low. Just under 1/2 of Americans now support the death penalty (49 
%), while 42 % oppose it. Support is down from a high of 80 % in 1994. Support 
has even dropped 7 % since March of last year.


The death penalty is dying. How could this be? We've had that killer instinct 
for so long. People are changing. While I can't say for sure why, 3 possible 
reasons are worthy of deep thought.


1. The death penalty is not a deterrent to crime. How do you teach someone not 
to kill by killing? The death penalty is supposed to be a deterrent to killing. 
But how could it be? Capital punishment teaches people that there are ethical 
ways of killing. We can't persuade people to stop killing by showing them how 
to do it again and again. The Death Penalty Information Center has consistently 
reported that the murder rates in death penalty states are higher than in 
states that don't have the death penalty. The death penalty is not a deterrent 
to murder. Some people are finally figuring out they are less safe with a death 
penalty than they are without one.


2. The death penalty costs too much. A Dallas Morning News article in 1992 
showed that the death penalty costs multiple times the amount that it would 
cost to put someone in a maximum security prison for life. And the cost isn't 
going down, as the newspaper reported a few years ago that the cost of 
execution drugs had skyrocketed. Pharmaceutical companies don't want to sell 
drugs meant to save lives to people dedicated to taking lives. The cost to 
carry out these executions is only going to continue to grow. The bottom line 
is that we know it is far more expensive to execute someone than to put them in 
prison for life. The death penalty is starting to earn a reputation for being 
another expensive failed government program.


3. What if we execute someone who is innocent? That's a question that eats at 
the souls of those with knowledge about the death penalty. I think we already 
have. Surely out of the hundreds, there's got to be at least one. Was it Carlos 
De Luna? Was it Cameron Todd Willingham? Or was it someone else entirely? In 
2014, the Proceedings of the National Academy of Sciences released a study 
concluding 1 in 25 sentenced to death in the U.S. is innocent. Despite recent 
exonerations, Texas has still probably executed many innocent people. There is 
no way to stop the execution of the innocent without stopping executions 
entirely.


The 3 reasons to abolish the death penalty meet to form 1 question.

Is the death penalty worth it?

(source: Jeff Hood is a Baptist pastor and activist in DallasDallas Morning 
News)







DELAWARE:

Poll: Delawareans support keeping death penalty


The poll revealed 55 % of registered voters are in favor of the death penalty.

"Delaware is a historically a blue state, you'd expect a liberal position, 
which I take as being repeal of the death penalty to come out stronger, but on 
this issue there is that party divide as well," said Brewer. The Democrats who 
are in favor of repealing are in line with the majority opinion of their party, 
but not necessarily in line with the public as a whole."


(source: WDEL news)






GEORGIAimpending execution

Georgia board scheduled to hold clemency hearing for man set to executed


The Georgia Board of Pardons and Paroles is scheduled to hear arguments for 
clemency from representatives of an inmate scheduled for execution this week.


Gregory Paul Lawler is scheduled to die Wednesday by injection of the 
barbiturate pentobarbital at the state prison in Jackson. A clemency hearing is 
set for 9 a.m. Tuesday.


The 63-year-old was convicted of murder in the October 1997 shooting death of 
Atlanta police Officer John Sowa. Authorities say Lawler also critically 
injured Officer Patricia Cocciolone.


Prosecutors say Lawler shot the 

[Deathpenalty] death penalty news----TEXAS, DEL., GA., FLA.

2016-04-02 Thread Rick Halperin






April 2



TEXAS:

Man indicted over death of his parents


A Gladewater man could face the death penalty after his indictment Thursday on 
a capital murder charge in the death of his parents.


Gladewater police found the bodies of Charles and Raye Lansdale, both 68, on 
Jan. 22 during a welfare check at a North Main Street home. Police Chief Robert 
Vine said a relative outside the state reported the couple was missing.


Officers encountered Casey Lansdale, 41, who said he lived with his parents. He 
also said his parents were not home, but officers said they had reason not to 
believe the son and asked consent to search the residence.


Vine said police found Charles Lansdale in a spare room and Raye Lansdale in a 
bedroom closet. The son was arrested and remained in the Gregg County Jail on 
Friday under $1 million bond.


A motive for the homicides has not been released by authorities.

Reports from last summer indicate tension then between the father and son.

Casey Lansdale was arrested last July on 2 counts of assault causing bodily 
injury to a family member. The incident arose from an argument between father 
and son over whether Casey Lansdale had stolen his father's pistol, reports 
showed.


(source: Tyler Morning Telegraph)

**

Meet an anti-death penalty activist who's fighting to end executions in Texas


Texas has executed 1,291 inmates in the last century. And each of those people 
has a file in Pat Hartwell's filing cabinet.


Hartwell, 64, has dedicated her life since retirement to ending the death 
penalty in this state, and that starts with keeping attention on the issue. 
Mugshots of death row inmates tend to make the news on the day they're 
arrested, the day they're sentenced to die, and the day they're executed. And 
then for most of the world, these men and women are forgotten.


A small but dedicated group of activists like Hartwell are working hard to make 
sure that that doesn't happen.


"You've taken a relatively healthy human being and you've killed him - not in a 
robbery, not in a burglary, not in a rape, but in a calculated, 
state-sanctioned moment, you've killed a man," she told me. "There should be 
something wrong with that."


One tool in her fight is her encyclopedic, printed-out database of executed 
Texans. Hartwell, who has short sandy hair and a strong handshake, gave me a 
tour on a Saturday morning earlier this month. She's dedicated a room in the 
back of her sunny apartment south of downtown to a makeshift library on the 
death penalty. On the top of the bookcase are wanted posters of former Gov. 
Rick Perry, calling him a "serial killer."


Pat Hartwell's bookcases are filled with files on the men and women Texas has 
executed.


Below, separated with paperweights in the shape of Buddah heads, are colorful 
binders containing a file on every Texas death row inmate, organized by the 
number the state gives them. The files go back to 1924, when the state 
legalized the electric chair and took over executions from the counties.


Hartwell flipped back to No. 01, pulled out a sheet of paper and read an 
old newspaper clipping. Mack Matthews, a black man, was scheduled to die on 
Jan. 16, 1924, but the warden of his prison resigned instead of carrying out 
the execution. "A warden can't be a warden and a killer too - the penitentiary 
is a place to reform a man, not to kill him," the warden was quoted as saying. 
Matthews was executed the next month, under a new warden, along with 4 other 
black men.


For everyone up to death row inmate No. 999601 (Mark Gonzalez, who was 
sentenced to death earlier this year), she's kept meticulous records, 
researching court documents, mental health issues, and studying the particulars 
of the gruesome crimes that put them on the row. She prints out all the 
information on each inmate from the state Department of Corrections website, 
and fills the margins with notes in her clear, steady handwriting.


Further down on her shelf there's a binder marked innocent - containing the 
records of all the inmates who claimed they were innocent - and a much, much 
thinner one marked "released." On another bookshelf is a framed photo of 
Hartwell hugging former inmate Alfred Dewayne Brown, who was released last 
year. "Those are the pinnacle moments," she said.


Fighting the death penalty in Texas is more or less a full-time job. Hartwell 
writes letters with about 60 or 70 death row inmates, relaying messages to 
family members or just letting them know someone on the outside is thinking of 
them. She also contributes to a weekly show on a local radio station where she 
talks directly to the death row inmates - they're allowed to have radios but 
not TVs - and tells them about any recent death penalty news or court rulings.


But she stressed that she's not doing it alone. She's part of a much larger 
movement fighting the death penalty in Texas.


Most weeks, Hartwell drives back and forth to West Livingston, the 

[Deathpenalty] death penalty news----TEXAS, DEL., GA., FLA., ILL.

2016-01-26 Thread Rick Halperin






Jan. 26



TEXAS:

Texas Prepares for Execution of James Freeman on January 27, 2016


James Garrett Freeman's execution is scheduled to occur at 6 pm CST on 
Wednesday, January 27, 2016, at the Walls Unit of the Huntsville State 
Penitentiary in Huntsville, Texas. 35-year-old James is convicted of the murder 
of 34-year-old Wharton County Game Warden Justin Hurst on March 17, 2007, in 
Lissie, Texas. James has spent the last 7 years of his life on Texas' death 
row.


James was known to be easily angered and had a progressive history of alcohol 
abuse. He had previously received citations for driving under the influence. He 
was also on probation for driving while intoxicated. James graduated from high 
school and worked as a welder prior to his arrest.


After several complaints of shots being fired at night, Texas Game Warden 
Jonathan Blackburn surveilled the area on Friday, March 16, 2007. Around 11:00 
pm, he saw a truck driving slowly and then heard a gunshot from a small caliber 
rifle, such as a .22. As it is against the law to fire shots or hunt from the 
side of the road, Blackburn investigated.


As he drove towards the vehicle, Blackburn activated his "red and blue lights." 
The truck did not stop, driving past Blackburn. Blackburn followed the vehicle 
down various roads with speeds ranging from 45 to 100 miles per hour. He also 
requested back-up from Wharton County Sheriff's Office. 2 officers in marked 
patrol cars joined the pursuit and took over as the lead from Blackburn. 3 
other officers also joined the pursuit.


Texas Game Warden Justin Hurst, who was not part of the chase, told officers 
that he was going to attempt to set up a roadblock. The driver of the truck was 
able to avoid the roadblock, and Hurst joined the pursuit. The chase ensued for 
at least another 30 minutes. Blackburn indicated that there was no spot where 
the suspect could have pulled over to stop. The suspect also managed to avoid 
several spike strips.


During the chase, a dispatcher determined, from the license plate, that the 
truck belonged to James Freeman. Blackburn, along with another officer, were 
both familiar with Freeman, as they had written him a ticket a year earlier. 
Initially, officers believed that the vehicle had been stolen, as the driver's 
behavior did not match what they knew of Freeman. Freeman was later determined 
to be the driver.


Eventually, Freeman drove over a spike strip, causing him to pull over and 
stop. As Freeman exited the truck, keeping the truck between him and the police 
officers, he began firing on the officers. Freeman fired until he appeared to 
be out of ammunition, with the officers returning fire. He then "disappeared" 
and "came back out with a long gun," an AK-47 assault rifle. Freeman continued 
firing at the police. Hurst moved out from under cover for a clear shot. He was 
shot on his left side and died from his injuries.


The Supreme Court of the United States has refused to review Freeman's case. 
The court gave no reason for actions.


Please pray for peace and healing for the family of Justin Hurst. Please pray 
for strength for the family of James Freeman. Please pray that if James 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. 
Please pray that James may come to find peace through a personal relationship 
with Jesus Christ, if he has not already.


(source: theforgivenessfoundation.org)






DELAWARE:

Gallows or Gurney?: The last hanging in the U.S. was only 20 years ago today


Back in 1979, a Delaware convict named Billy Bailey was assigned to a 
work-release facility in Wilmington.


But one day, for whatever reason, Bailey decided he wasn't going back to the 
center. He turned up at his foster sister's house and went with her husband on 
an errand.


While on the way, Bailey asked the man to stop at a liquor store. Bailey, armed 
with a gun, robbed the clerk. The foster sister's husband dropped Bailey off 
about a mile and a half from the liquor store. Bailey went to a house where an 
elderly man and his wife lived. He shot and killed them both. He was arrested 
as he fled the scene.


Bailey was tried and convicted in 1980. He got the death penalty.

It was 16 years later that he paid the ultimate price. On Jan. 25, 1996 - 20 
years ago today - Bailey became the last man to be hanged in the U.S.


That's right. He was hanged. You see, Delaware did not adopt lethal injection 
until after Bailey was sentenced. So he was given the choice of the gallows or 
the gurney. He opted for the noose.


It was the 1st hanging in Delaware in 50 years. 1 of only 3 in the entire 
country since 1965. A new gallows had to be built. An inexperienced hangman 
trained.


Today, hanging is considered by many to be barbaric. Only the states of 
Washington and New Hampshire still allow it under certain circumstances, though 
Washington has a moratorium 

[Deathpenalty] death penalty news----TEXAS, DEL., GA., FLA., ALA., CALIF.

2016-01-22 Thread Rick Halperin






Jan. 22



TEXAS:

Talking with Ivan, I found a flame of life on death row


I was finally about to meet the man I had been writing letters to for 11 years. 
Separated by glass, and unable to hug or shake hands, we would have to use 
phone receivers to talk to each other. To my right and left, others were doing 
the same, a line of tete-a-tetes happening in unison, separated by booth 
dividers. My friend Ivan Cantu is on death row in Texas.


I had left my harried life as a working mother in Washington, D.C., for 2 days 
this August to make the long-overdue trip. I considered it a pilgrimage of 
sorts.


Ivan and I started writing when I was 29 and he was 32. He was 3 years into a 
death sentence, convicted of killing his cousin and his cousin's fiancee over 
drug money. I was just married and working in international development. Right 
from the start, Ivan told me he was wrongfully convicted.


Back then, I didn't have an opinion about Ivan's guilt - it didn't matter to me 
one way or another. But I saw clearly that no one was listening to him. His 
trial attorney had refused to investigate anything. His appellate attorney 
never spoke or wrote to him before submitting the habeas corpus appeal. Maybe I 
could listen to him, I thought. Maybe that was the only thing I could do.


The Polunsky Unit where Ivan lives is an oppressive complex of barbed wire and 
low gray buildings, incongruously situated on a winding farm road one hour 
north of Houston. I had never been to a prison before and everything about it 
intimidated me.


"Washington, D.C., eh?" one guard said, eyeing my license. "Do y'all have many 
wildfires there?"


"Oh no, we don't. ... Not many," I replied, trying to sound deferential.

The invitation to write to someone on death row came through my connection to 
the Community of Sant'Egidio, a Catholic lay association that -- among many 
other activities -- supports prisoners and advocates for the abolishment of the 
death penalty worldwide.


Pope Francis' recent words to Congress summarize the inspiration behind the 
community's work and the first reason why I don't believe in the death penalty 
(there are many). "Every life is sacred," the pope said. "Every human person is 
endowed with an inalienable dignity, and society can only benefit from the 
rehabilitation of those convicted of crimes."


(source: Dani Clark, National Catholic Reporter)






DELAWARE:

Death penalty repeal bill headed to House vote


A death penalty repeal bill that had been languishing in a House committee is 
headed to a vote by the full House next week after the committee chairman 
agreed to release it.


Judiciary Committee members voted 6-to-5 last May not to send the bill to the 
full House after it narrowly cleared the Senate on an 11-to-9 vote.


But House Judiciary Committee chairman Rep. John Mitchell, D-Elsmere, who 
opposes repeal, said Thursday that he withdrew his "no" vote and signed the 
measure out of committee with an "unfavorable" endorsement, allowing the bill 
to move forward to a House vote next Thursday.


"After some long and serious consideration ... this was a tough decision for 
me," said Mitchell, a retired police officer who also has family members in law 
enforcement. Mitchell said he remains opposed to the bill but thought that 
House members should have an opportunity to vote on it.


"I have a responsibility to members of my caucus to give them the opportunity 
to speak ... what happens will happen," he said.


Rep. Sean Lynn, a Dover Democrat and chief House sponsor of the legislation, 
said he believes it has enough support to pass the House.


"I'm sure it will be a close vote," said Lynn, who had previously threatened to 
try to bypass the committee process to bring the bill to a floor vote. Lynn 
expressed gratitude to Mitchell for his change of heart.


"It's fairly magnanimous, and an act of leadership," Lynn said.

Democratic Gov. Jack Markell has said he would sign the measure if it reaches 
his desk.


The bill would abolish capital punishment for 1st-degree murder, although it 
would not apply to inmates now on death row.


The bill has drawn renewed attention in Delaware after a U.S. Supreme Court 
ruling earlier this month that declared Florida's death penalty statute 
unconstitutional. The court said Florida's death penalty system was flawed 
because juries play only an advisory role in recommending life or death, 
allowing the judge to reach a different decision.


Florida's system is similar to that used in Delaware, prompting concerns within 
the legal community that Delaware's system also could be declared 
unconstitutional.


Citing the Supreme Court's ruling, a federal judge in Wilmington who is 
presiding over a death penalty appeal case ordered attorneys Thursday to file a 
status report by Monday indicating what impact, if any, the decision has on the 
case.


On the state level, the same question is being certified to the Delaware 
Supreme Court for 

[Deathpenalty] death penalty news----TEXAS, DEL., GA., FLA., ALA., TENN., IND., OKLA., USA

2015-04-21 Thread Rick Halperin





April 21




TEXASstay of impending execution

State delays execution of child killer Richard Vasquez



Richard Vasquez was sentenced to death for the killing of a 4-year-old girl in 
Corpus Christi.


The man who beat his 4 year old stepdaughter to death won't be executed this 
week. Nueces County District Attorney Mark Skurka says Richard Vasquez has just 
received a stay of execution. There's no word yet on why.


Vasquez was set to be put to death on Thursday for the death of Miranda Lopez 
in 1998. According to court records the girl was beaten with a fist several 
times. She took a nap and later fell off a stool while brushing her teeth. The 
girl died the next day


This is the 2nd time this year his execution has been delayed.

(source: KRIS news)

***

Executions under Greg Abbott, Jan. 21, 2015-present6

Executions in Texas: Dec. 7, 1982present-524

Abbott#scheduled execution date-nameTx. #

7---Apr. 28Robert Pruett525

8---May 12Derrick Charles--526

9---June 3--Les Bower527

10--June 18---Gregory Russeau--528

(sources: TDCJ  Rick Halperin)



Capital murder trial begins in Red Wing store clerk's killing



The capital murder trial of a 22-year-old Arlington man accused of killing a 
shoe store clerk during a robbery in 2014 began Monday, WFAA reported.


Jacob Everett faces the death penalty if convicted. He pleaded not guilty to 
the murder charge but pled guilty to a charge of aggravated robbery.


On Feb. 25, 2014, the clerk, Randy Pacheco, 23, was working his shift as a 
manager at the Red Wing Shoes store on Cooper Street in Arlington, when Everett 
shot and killed him while stealing $200, police have said.


During opening arguments Monday, a prosecutor said Pacheco was shot once 
between the eyes.


(source: Fort Worth Star-Telegram)








DELAWARE:

Poll shows Delawareans open-minded to death penalty alternatives



As Delaware legislators debate a bill that would repeal the death penalty, a 
recent survey provides some insight on how Delawareans feel about the issue.


When asked what the appropriate punishment for murder should be, a majority of 
those polled were in favor of an alternative to the death penalty.


A significant majority of Delaware residents, 64 %, support some form of life 
without parole as an alternative to the death penalty, said Eugene Young, with 
the Delaware Center for Justice.


However, in a separate question, 63 % of those polled say they still strongly 
support or somewhat support the death penalty.


The survey was conducted among 573 registered voters in all 3 counties in 
Delaware.


This is the 1st time the Delaware Center for Justice has conducted a public 
policy poll on the death penalty.


The Senate passed the death penalty repeal bill earlier this month. It now 
heads to the House.


Lawmakers tried to pass a similar bill in 2013 but it stalled in the House 
Judiciary Committee.


(source: WDEL news)

***

Delaware residents support death penalty unless given alternative



A recent poll found that 63 % of people in Delaware initially support the death 
penalty, but its support decreases when alternatives are given.


About 34 % of people polled either strongly opposed or somewhat opposed the 
death penalty, but a follow up question found that people favor life 
imprisonment over the death penalty.


A significant majority of Delaware residents, 64 %, support some form of life 
without parole as an alternative to the death penalty, Eugene Young, advocacy 
director at the Delaware Center for Justice, said.


Young said support for capital punishment decreases when alternatives are 
given.


The Public Policy Polling firm was hired by the Delaware Center for Justice, 
one of several groups attempting to cease the death penalty in the state. 
Legislators are currently debating a bill that would repeal capital punishment.


The bill passed the state's Senate earlier this month and now faces voting in 
the House.


The poll asked 17 questions to 573 Delawareans on the phone between over a 
2-day period in April.


It is the 1st time the Delaware Center for Justice conducted a poll on the 
death penalty.


This issue has lingered in the ether for far too long, Democratic Rep. Sean 
Lynn said. The death penalty is morally bankrupt, legally bankrupt and it is 
intellectually bankrupt.


Support for the death penalty in the United States has reached a 40-year low -- 
with 56 % of people favoring the death penalty for murder convictions and 38 % 
opposing, according to Pew Research Center.


(source: United Press International)








GEORGIA:

DA Slater seeks death penalty in Connor case



Muscogee County District Attorney Julia Slater is seeking the death penalty 
against a Columbus man charged with