[Deathpenalty] death penalty news----TEXAS, FLA., ALA., OHIO, TENN.
Oct. 11 TEXAS: The fight to save Rodney Reed from execution in Texas In 1998, Rodney Reed, who is African-American, was sentenced to death by an all-white jury in Bastrop, Texas, for the rape and murder of Stacey Stites, a 19-year-old white woman. He's scheduled to be executed on Nov. 20. Reed, now 53, maintains his innocence. The only evidence used to convict him was DNA that Reed says was present because he and Stites were having a secret affair — a claim Stites's cousin corroborates. Reed's defense attorneys believe that further DNA tests of the crime scene could prove his innocence, but their requests have been denied, leading them to file a lawsuit in federal court. They also recently petitioned the U.S. Supreme Court to halt the execution, citing "new and comprehensive evidence for innocence." Among the new pieces of evidence Reed's lawyers cite are statements from two witnesses who claim they have information that links Stites's then-fiancé, Jimmy Fennell, to the crime. Fennell, a former police officer in Giddings, Texas, was recently released from prison after serving 10 years for the kidnapping and assault of a woman. There were critical inconsistencies in Fennell's accounts of where he was and what he was doing the night of the murder. One of the new witnesses who's come forward is a life insurance salesperson who said that while Fennell was applying for a policy he threatened to kill Stites if she ever cheated on him. The other witness, a sheriff's deputy in Texas's Lee County, said he overheard Fennell say to Stites' body at her funeral, "You got what you deserved." In addition, forensic experts who implicated Reed at trial have recanted, while forensic pathologists have said the prosecution's theory of Reed's guilt is medically and scientifically impossible. That Reed is still on death row despite all the evidence casting doubt on his guilt is indicative of the larger issues around the death penalty — particularly as it pertains to race. In the U.S., race is the single greatest predictor of who gets the death penalty, not the severity of the crime. Even though whites account for just 55 % of murder victims nationwide, they account for 80 percent of murder victims in cases resulting in an execution. Those convicted of killing white victims are three times more likely to be sentenced to death than those convicted of killing non-white victims. The disparities in who is executed are especially stark in Texas, which has the nation's third-largest death row population and accounted for more than 1/2 of all the executions in the U.S. last year. Of the states with more than 10 people currently facing execution, Texas has the highest number of minorities on death row. While African Americans make up only 12.6 % of Texas's population, 43.9 % of its death row inmates are Black. These statistics are particularly alarming when one considers that 166 people have been exonerated from death row. Of these, nearly 1/2 are Black, and nearly 50 are Black men from the South. Reed's family has organized a grassroots effort called the Reed Justice Initiative that is working to save Reed's life while also supporting families who are dealing with similar situations. Reed's cause also has help from the nationally recognized anti-death penalty activist Sister Helen Prejean and the Innocence Project, which has launched a petition seeking to halt his execution. "The evidence supporting Reed's innocence is uncontradicted and undeniable, and without the Supreme Court's intervention, I fear the State of Texas may execute an innocent man," said Bryce Benjet, Reed's lawyer and senior staff attorney at the Innocence Project. (source: Facing South) ** New Podcast: Texas Lawyer James Rytting on Junk Science and the Execution of Larry Swearingen In the latest episode of Discussions with DPIC, Texas capital defense lawyer James Rytting discusses the case of his client, Larry Swearingen, and the junk science that led to the execution of a man legitimate science strongly suggests was innocent. Rytting describes the false forensic analysis presented under the guise of science in Swearingen’s case, the appellate process that makes it “almost impossible” to obtain review of new evidence, and the persistent problem of wrongful convictions. Larry Swearingen was executed on August 21, 2019 after multiple courts declined to review evidence supporting his innocence claim. In the interview, Rytting explains the problems with the prosecution’s “smoking gun,” a piece of pantyhose used to strangle the victim, Melissa Trotter. The prosecution told the jury that a matching piece of pantyhose had been found in Swearingen’s home. In reality, that supposedly matching piece of the pantyhose had not been discovered in 2 initial searches of Swearingen’s house. It was only “found” in a 3rd search of the residence after Trotter’s body was
[Deathpenalty] death penalty news----TEXAS, FLA., ALA., OHIO, TENN.
July 20 TEXAS: In Houston death penalty cases, many judges carry a 'rubber stamp,' lawyers find Harris County judges routinely "rubber stamp' the prosecution's proposed version of events at a key point of death penalty appeals, pushing condemned prisoners closer to execution with little regard for defense claims, a new study finds. Some legal experts say the study reveals a "rigged" system where the state is effectively ghostwriting appeals decisions that judges sign off on, often without allowing hearings and sometimes within just a few days. "This is the heart of the reason the Texas death penalty system is so broken," said Robert Dunham of the Death Penalty Information Center. The year-long study of roughly 200 proceedings was first published in a federal appeal filed earlier this year by defense lawyer Jim Marcus. It says that in the vast majority of death penalty cases - more than 9 times out of every 10 - judges are simply accepting prosecutors' arguments, sometimes adopting their language, spelling errors and all. But judges and prosecutors rebuffed the study's claims, pointing out that if courts are consistently siding with the state, it doesn't mean they're wrong. These are, after all, men and woman already tried and convicted in front of a jury. Each case is unique, they emphasize, and while defense lawyers are supposed to be zealous advocates for their clients, prosecutors are supposed to be neutral defenders of justice. Among the skeptics: Judge Elsa Alcala, a former Harris County jurist now known as the most outspoken death penalty critic on the state's Court of Criminal Appeals. "I'm not totally convinced that because you have some percentage that says something that that really tells you a lot," Alcala said. "We're judges because we're required to use our judgment." Yet the vast majority of the time, that means agreeing only with the state. 'State's proposed findings' After a jury doles out a death sentence, the years-long "post-conviction" appeals process delves into a "finding of facts." Each side gets to lay out their version of what's happened and present new evidence that could merit a new trial - or at least a hearing to figure out whether that's necessary. The proposed findings might be a dozen pages or a hundred, and the attached exhibits can occasionally be far more voluminous than that. Once they're submitted, the judge reviews each set, a process that can require sifting through stacks of trial transcripts and years of court or medical records. Jurists might write their own set of findings, or they might pick and choose pieces from each. But, according to the law review analysis, Harris County judges typically sign off verbatim on what the prosecution submits, sometimes in just a day or 2 and sometimes without bothering to correct repeated spelling errors, duplications, typos or change the title - "state's proposed findings" - at the top. Those sorts of errors, defense lawyers say, suggest that the judges aren't reading the paperwork in front of them. The findings are just one step of a lengthy appeals process, but it's a critical one because later on down the road, judges defer to those findings and technical rules give them a lot of weight. Unfavorable findings can torpedo a defendant's odds of success in federal appeals. That's why some said the data might go a long way toward explaining how the Lone Star State - and Harris County in particular - became ground zero for capital punishment. "Texas executes death-row prisoners at more than 3 times the rate of the nation as a whole," Dunham said. "But that doesn't mean the system works." Instead, he said, it might mean that death row prisoners aren't getting hearings or "meaningful review" of their appeals, making it easier to push through executions despite claims of innocence or intellectual disability. Local defense lawyer Randy Schaffer accused "lazy" judges of not reading the paperwork in front of them, while attorney Pat McCann described the phenomenon of "rubber stamping" as "so common it's become a joke" among defense lawyers. The Chronicle attempted to contact all of the 47 jurists whose decisions were referenced in the study. Of those who were still alive and reachable, most did not respond or declined to comment. A few - such as Alcala - offered detailed explanations. "I don't think there's anything per se wrong with it," she said, "if it is in fact what the judge believes." One-sided numbers The decision to review roughly 200 sets of findings all stemmed from 1 case: that of death row inmate Tony Medina. The 43-year-old former gang member has long proclaimed his innocence in the 1996 Harris County drive-by that sent him to death row. His case includes a number of troubling claims, including witness coercion, withheld evidence and bad lawyering on the part of a famously overworked trial attorney who never won a
[Deathpenalty] death penalty news----TEXAS, FLA., ALA., OHIO, TENN., ARK., UTAH, ARIZ., NEV.
July 12
TEXASimpending execution
Death Watch: Faith in ExecutionsReligious beliefs barred a potential juror
from Christopher Young's trial. Did that cause his sentencing?
Possible religious discrimination might grant a Texas death row inmate another
trial. Christopher Young filed an application for relief with the Texas Court
of Criminal Appeals on July 2, arguing that the discrimination against a
potential juror, based on her church affiliation, tainted his original trial.
Young was 21 when he shot and killed Hasmukh Patel during an attempted robbery
of a gas station. Before his trial, a woman was struck from the jury based
"solely" on her affiliation with a Baptist church where "some members"
ministered to prisoners, because the prosecution believed this could imply that
she favored the defendant. Today, Young's counsel claims the potential juror's
personal beliefs were never questioned, which was allowed under Casarez v.
State, where the CCA held that peremptory challenges made on the basis of a
potential juror's religious affiliation do not violate the 14th Amendment's
Equal Protection Clause.
The latest appeal, however, was granted in light of 2011's Devoe v. State, when
the CCA ruled that Casarez should be read as only "challenges made on the basis
of personal religious belief are permissible." Young's lawyer Jeff Newberry
said "the whole case hinges on the 2011 decision being the new law." The
Alliance Defending Freedom, a public interest organization that protects First
Amendment rights, along with a group of 23 "Faith Leaders," have filed amicus
briefs in support of Young's request for a new trial. According to one, if the
court upholds its original decision, it will "essentially create a rule that
says it is permissible for the citizens of Texas to be discriminated against in
the courtroom for freely exercising their right to affiliate with a particular
church."
Young's attorneys also filed a clemency petition with the Texas Board of
Pardons and Paroles on June 25, referencing Thomas Whitaker, who received
clemency in February ("Justice for Whom?" Feb. 16). That outcome has inspired
more Texas lawyers to seek clemency for their death row clients, but Newberry
believes the similarities between his client's case and Whitaker's set Young's
apart. As Whitaker's father asked the state to spare his son's life, Patel's
son Mitesh has asked the state to spare Young's.
The petition states Mitesh told Young's counsel that "boys who lose their
fathers traumatically have a 50-50 shot of being successful despite that
trauma. Mitesh was; Chris was not." (Young was a child when his own father was
murdered.) Now, Mitesh wants Young's sentence commuted so that Young can be a
"father to his daughters." The petition asks the board to focus on the
"important facts." Aside from Mitesh's plea, it states Young "is truly
remorseful," and that his life has "positive value, both as a father and as a
former gang member who can counsel other inmates." Newberry expects the board
to vote on Young's case on Friday, July 13.
The U.S. Supreme Court denied Young's last appeal in January. If rulings
continue in the state's favor, Young will be executed on Tuesday, July 17.
Already, Texas has executed 7 inmates this year, with another 6 scheduled
before November.
(source: Austin Chronicle)
FLORIDA:
Man, 66, could still face death penalty if convicted in cold case
murderJames Leon Jackson charged in 1984 rape and murder of 10-year-old
Tammy Welch
Despite his age and infirmity, a 66-year-old man could still face the death
penalty in the cold case murder of a 10-year-old girl -- if he is convicted.
James Leon Jackson is charged in the 1984 rape and murder of Tammy Welch.
Jackson was considered a suspect all along but wasn't charged until 2013.
In 2016, Jackson's lawyers filed a motion to block the state attorney's office
from seeking the death penalty, per the U.S. Supreme Court's Hurst ruling.
At a hearing Tuesday, the judge denied that motion.
Other motions to preclude the death penalty are pending, and Jackson???s
lawyers now want a psychiatric evaluation done.
Jackson's trial is set for the end of the month.
(source: WJXT news)
*
After 20 years on death row, wrongly imprisoned man starts new life in Tampa
An Ohio man found not guilty after spending 20 years on death row is relocating
to Tampa through an organization that helps the recently exonerated rejoin
society.
When he was exonerated and released after 20 years in prison, he struggled to
rejoin society. Now, thanks to the Sunny Center, he will get the fresh start he
was dreaming of.
Derek Jamison's life was stolen at just 23-years-old. He was sentenced to death
for a murder he didn't commit.
"It was hell," Jamison said. "On earth."
Jamison was sentenced to death in 1985, charged with the robbery and murder of
a bartender at a restaurant in
[Deathpenalty] death penalty news----TEXAS, FLA., ALA., OHIO, TENN., ILL.
June 1 TEXAS: 3rd East Texas inmate gets 2018 execution date An East Texas man has been given an execution date for 2018. After the United States Supreme Court denied his appeal, an East Texas judge signed off on an execution date for Daniel Acker, 46, of Sulphur Springs. Acker is scheduled to die by lethal injection on September 27. In 2001, Acker was sentenced to death for March 2000 murder of 32-year-old Marquetta George. In February 2000, Acker and George moved into a rented trailer home, shortly after they met. On the evening of Saturday, March 11, 2000, the pair went to a rode before heading to the nightclub, "bustin' Loose," according to documents presented in court. The couple got into an argument at the club and witnessess, who testified at Acker's trial, said he threatened to kill George that night. Documents state Acker was kicked out of the club, but returned several times looking for George. "Around 9:15 a.m. on March 12, Acker went to the home of George's mother, Lila Seawright, still searching for George," court documents state. "Seawright testified at trial that Acker told her that if he found out George had spent the night with another man, he was going to kill them. Seawright replied that no one was worth going to the penitentiary for murder. Seawright testified that Acker shrugged and replied, 'Pen life ain't nothing. Ain't nothing to it.'" Later that morning, after Acker returned to the trailer he shared with George, a bouncer, identified as Robert "calico" McKee, at "bustin' Loose," brought George to the trailer. McKee told Acker he had taken George to her father's house to spend the night. Acker testified in court he did not believe McKee was telling the truth because he drove by George's father's house the previous night when he was looking for her. According to Acker, George admitted she spent the night with Calico. Acker then asked George where Calico lived and she said she would show him, but instead, she ran out of the trailer. Neighbors testified George darted from the trailer, screaming for them to call law enforcement. Acker followed her, grabbed her, threw her over his shoulder, forced her into his truck and sped away. Sedill Ferrell, who owned a dairy farm in Hopkins County, found George's body and contacted the sheriff's office. Acker turned himself in to a law enforcement officer and was arrested. George's body was found less than 3 miles from the trailer where she lived with Acker. Acker was convicted of kidnapping, then murdering George. An autopsy revealed she died from strangulation and blunt force trauma. Acker is the 3rd East Texas inmate to be dealt an execution date for 2018. TROY CLARK On May 7, Troy James Clark, 50, of Smith County, received his execution date in the 7th District Court. The State of Texas will put Clark to death by lethal injection on September 26, the day before Acker. On May 1, 1998, Clark was condemned for the torture and drowning murder of his former roommate, Christina Muse, 20, of Tyler. According to evidence presented in court, Clark and a co-defendant, identified as Tory Gene Bush, hit Muse with stun gun, beat, bound and kept her in a closet before drowning her in a bathtub. Prosecutors said Clark and Bush then stuffed Muse's body into a barrel with cement mix and lime before dumping in a ravine. Her body was discovered 5 months later by Tyler police. According to the Associated Press, the motive behind the crime was Clark and Bush feared Muse would snitch on them for using and selling methamphetamine. Bush pleaded guilty to the charge of murder intentionally causing death on August 7, 2000, and was sentenced to 20 years in prison. In October 2017, the Supreme Court of the United States refused Clark's appeal claiming he had insufficient legal counsel during his 2000 trial in Smith County. Clark's prior convictions include: June 24, 1987 - Possession of a controlled substance - Cocaine (Released August 27, 1987 on parole) January 8, 1993 - Possession of a controlled substance X2 (Released February 23, 1996) According to the Texas Department of Criminal Justice, Clifton Williams will be put to death on June 21, 2018, for the murder of Cecilia Schneider, of Tyler. On July 9, 2005, Williams, then 21, entered Schneider's home before stabbing, beating and strangling her to death. He then burned her body. Williams stole Schneider's purse and car and left the scene. Officials arrested Williams a week later. In 2006, he was found guilty in the court of former judge Cynthia Kent and sentenced to death. He was originally set to be executed on Thursday, July 16, 2015. However, he received an 11th hour stay of execution from the Texas Court of Criminal Appeals until questions about some "incorrect testimony" at his 2006 trial could be resolved. In a brief order, the court agreed to return the case to the 114th District Court in Tyler to
