[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA., MISS.
March 21 TEXASimpending execution Death Watch: “Texas 7” Member Contests “Law of Parties”A robbery ended in a police officer death while Patrick Murphy waited outside. Current Texas law holds him responsible. If the state has its way, 57-year-old Patrick Murphy of "Texas 7" infamy will be executed on March 28, though he didn't commit the murder that landed him on death row. Murphy, along with 6 other prisoners (including Joseph Garcia, who was executed in December), achieved the biggest prison escape in Texas history in 2000 when they broke out of a maximum-security facility near San Antonio armed with stolen weapons. The men committed several robberies across Texas before hitting a sporting goods store outside of Dallas on Christmas Eve, an act which went awry, leading to the shooting death of Irving police officer Aubrey Hawkins. Murphy, however, maintains he did not wish to participate in the robbery and instead waited outside in the car. He, Garcia, and four others were caught in Colorado soon thereafter (the 7th committed suicide), and each was sentenced to death for Hawkins' capital murder under the controversial Texas "law of parties," which allows accomplices to another felony – such as robbery – that results in murder to be held responsible for the slaying even if they had no part in the killing. As his death date nears, Murphy, who was originally serving a 50-year sentence for aggravated sexual assault, has asked the Texas Board of Pardons and Paroles to commute his sentence or offer a 90-day reprieve to await possible new "bipartisan and bicameral" legislation. Several bills have been filed this Lege session, including Sen. Juan Hinojosa's Senate Bill 929 and Rep. Jeff Leach's House Bill 4113, which would prohibit executions of those found guilty of capital murder under the law of parties (section 7.02(b) of the Penal Code). So the filing asks the BPP to "recognize that Murphy should not be executed when his conviction was obtained pursuant to a charge" that state lawmakers have "recognized cannot sustain a death sentence." If nothing else, the filing argues, Murphy's execution should be put on hold until the fate of the bills is known, so the Texas Court of Criminal Appeals could reconsider his case if the law is changed. Murphy's BPP filing also points out that while Texas law allows juries to sentence an accomplice of a lesser crime to death, under the Supreme Court's Eighth Amendment jurisprudence, a defendant "can only be" executed for the crime "if he was a major participant in the felony." But Murphy's trial jury was never asked to determine whether or not he played a major role in the robbery that resulted in Hawkins' murder. Hence, executing him without putting this question before a jury would be a violation of the Eighth Amendment. Killing Murphy, the filing argues, who "neither fired a shot at Officer Hawkins nor had any reason to know others would do so," would "simply be vengeance." In addition to his commutation plea, Murphy has asked the CCA to reconsider its April 2006 Denial of Relief, or otherwise allow him to file for a rehearing. Like his motion before the BPP, Murphy's CCA filing cites pending legislation and violation of his constitutional rights. However, here Murphy's counsel notes that the proposed legislation would not "provide relief for those" like Murphy, because the change in law would only apply to criminal proceedings that start on or after the effective date of Sept. 1, 2019. Instead, the motion insists, "The same concern that has led these legislators to propose the now-pending legislation is nonetheless present in Murphy's case." It's been a long legal fight for Murphy; his last round of appeals – largely arguing ineffective counsel – ended in denial at SCOTUS in November. Without intervention, he'll the 3rd man executed by the state this year and the 5th member of the "Texas 7" to be put to death, leaving only Randy Halprin alive. Though Halprin has not yet been given an execution date, he has also maintained he didn't fire any of the 5 guns that killed Hawkins. (source: Austin Chronicle) ** Executions under Greg Abbott, Jan. 21, 2015-present42 Executions in Texas: Dec. 7, 1982present-560 Abbott#scheduled execution date-nameTx. # 43-Mar. 28Patrick Murphy--561 44-Apr. 11Mark Robertson--562 45-Apr. 24John King---563 46-May 2--Dexter Johnson--564 47-Aug. 21Larry Swearingen565 48-Sept. 4Billy Crutsinger566 (sources: TDCJ & Rick Halperin) USAcountdown to nation's 1500th execution With the execution of Billie Wayne Coble in Texas on February 28, the USA has now executed 1,493 condemned
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA., MISS.
Feb. 7 TEXAS: New punishment trial begins for convicted murderer Stanley Griffin Convicted murderer Stanley Lamar Griffin returned Tuesday to a Brazos County courtroom where a second jury will hear punishment testimony to decide his fate -- a hearing that comes almost 6 years after he was sentenced to death for killing a single mother and injuring her son. The retrial for the punishment phase was ordered in 2016 by the state's highest court after deciding that the slaying of the 29-year-old College Station woman and the attack on her 9-year-old son didn't meet the standard required for a death penalty case. The jurors heard Tuesday from 14 witnesses called by the prosecution, many of whom testified about Griffin's tendency toward aggression and violence. Among them was Jodie Piacente, whom Griffin was convicted of attacking in 1990. He served 13 years of a 20-year sentence in prison for the crime before moving to the Bryan-College Station area. Griffin was arrested in September 2010 after authorities found Jennifer Marie Hailey dead in her apartment off Pedernales Drive. Her son knew the suspect and identified him by name to police later that morning; DNA evidence tied Griffin to the crime scene, according to testimony in the 1st trial. In that 2012 trial, Griffin was found guilty of capital murder in the strangling death of Hailey and for choking and stabbing her son with a garden trowel after killing her. That ruling was overturned when the Texas Court of Criminal Appeals voted 6-3 that there was not enough evidence to prove capital murder. Such a conviction requires the state to prove that Griffin killed a person while also committing another felony, such as kidnapping, robbery, aggravated sexual assault, arson or burglary. Capital cases don't allow for aggravated assaults, injury to a child or attempted murder as the secondary crime. Prosecutors argued in the 1st trial that Griffin had effectively kidnapped the boy by ordering him to his room. The sentencing retrial will determine how long Griffin will spend in prison. The 52-year-old faces between 5 years to life in prison. Brazos County First Assistant District Attorney Brian Baker told jurors in his opening statement that they would be seeking the maximum sentence -- life behind bars. "We're going to ask you [the jury] to protect anyone and everyone in this man's path," said Baker, outlining decades of consistent violent behavior exhibited by Griffin. Griffin's defense declined to make an opening statement, reserving the right to do so after the state wraps up its case. Piacente, who was the 1st to testify Tuesday, said she first met Griffin in Webster, Texas, as a neighbor and acquaintance of her then-boyfriend. Shortly after that boyfriend moved out of the apartment where she and her 2 children lived, Piacente said she was awakened in the middle of the night to find Griffin standing over her. She said he told her he noticed her door was open and came inside to make sure everything was OK. As she was walking him out, Piacente said Griffin went to the kitchen, and she noticed the living room window had been shattered. Piacente said he returned with a knife, which she managed to knock away before he began to choke her. After a struggle, and with the assistance of her son, who distracted Griffin, Piacente was able to escape and alert police to the attack. The 10-woman, 3-man jury -- 1 is an alternate -- also heard from Andrea Calixte, whom Griffin dated for the more than 5 years leading up to Hailey's death, and her son, Jordan Maupin, with whom Griffin often clashed. During the several years of their on-and-off relationship, Calixte said there were several instances of verbal abuse and a few physical altercations -- 1 of which resulted in a broken tooth and cut lip after she said Griffin pushed her down and she fell into a clay pot. Griffin was arrested and served several months in jail for the offense, after which Calixte said she was convinced to give him another chance. Calixte said Griffin told her on multiple occasions during the relationship that he would kill both her and her children if she ever left him. Maupin, who was a teen at the time Griffin and his mother were in a relationship, said in his testimony he had an adversarial relationship with Griffin. He testified that Griffin was frequently verbally -- and occasionally physically -- abusive toward him. In what he said was Griffin's first instance of violence toward him, Maupin said the man choked him and briefly lifted him off the ground by his neck. Maupin said he tried to tell his mother about the abuse, but it was dismissed at the time; Calixte testified that she does not remember being told of any violent incidents until later in the relationship. Eventually, Calixte said she was able to save up enough money to rent her own apartment without Griffin's knowledge, and get herself and
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA., MISS., LA.
April 7 TEXAS: Executions under Greg Abbott, Jan. 21, 2015-present19 Executions in Texas: Dec. 7, 1982present-537 Abbott#scheduled execution date-nameTx. # 20-June 2---Charles Flores538 21-June 21--Robert Roberson---539 22-July 14--Perry Williams540 23-August 23Robert Pruett-541 24-August 31Rolando Ruiz--542 25-September 4-Robert Jennings---543 26-October 19---Terry Edwards-544 (sources: TDCJ & Rick Halperin) PENNSYLVANIA: DA seeks to bar insanity defense in trooper ambush caseThe latest of many pretrial motions says Eric Frein's lawyers did not tell prosecutors about insanity plan Pike County District Attorney Ray Tonkin wants to bar attorneys for accused trooper killer Eric Matthew Frein from presenting an insanity defense. Tonkin's motion, filed April 1, states that under state law, a defendant who intends to claim insanity or mental infirmity must advise prosecutors the claim will be raised. "If a defendant in a criminal case seeks to use a mental health defense, they are required to file notice, and then the prosecution has an opportunity to have the defendant examined by an expert," Tonkin said. "Without the proper notice being filed, the prosecution is not able to have the defendant examined by another expert." The time frame for filing pretrial motions is 30 days, Tonkin said. In this case, the defense received several extensions. Frein's attorneys, William Ruzzo and Michael Weinstein, filed several pretrial motions in February and March, but have yet to file notice of an insanity defense. Ruzzo and Weinstein did not return a call for comment. According to Tonkin's motion, any evidence of insanity or mental retardation should be excluded because the 30-day time frame ended in February. Frein's attorneys have yet to file notice of an intent to use an insanity defense. Miranda violation alleged Frein, 32, of Canadensis, is charged with killing Cpl. Bryon K. Dickson II of Dunmore and seriously wounding Trooper Alex T. Douglass of Olyphant during an ambush on Sept. 12, 2014, outside the Blooming Grove barracks. After a 48-day manhunt that stretched across Pike and Monroe counties and involved hundreds of local, state and federal officials, authorities captured Frein on Oct. 30, 2014. Frein is charged with 1st-degree murder of a law-enforcement officer, criminal attempt to commit 1st-degree murder of a law-enforcement officer, terrorism and threatening to use weapons of mass destruction, among other charges. Frein pleaded not guilty and is being held in the Pike County Correctional Facility without bail. Tonkin is seeking the death penalty. On March 15, attorneys Ruzzo and Weinstein filed a motion asking Judge Gregory Chelak, who is presiding over the case, to move the trial out of Pike County or bring in a jury from another county due to the extensive pretrial publicity in the case. Frein's attorneys also filed motions on Feb. 17, asking the judge to suppress statements Frein made to police following his arrest. According to Frein's attorneys, police violated Frein's Miranda rights against self-incrimination when they continued to question him after he refused to sign a waiver of his rights and told officers he did not want to discuss "any crime." This was after Frein informed police of where he had stashed some rifles while on the run. A motion challenging the constitutionality of the death penalty was also filed by Frein's attorneys. Judge Chelak will take the defense and prosecution motions under advisement and issue a ruling at a later date. According to Tonkin, the hearing on the motions to suppress statements made by Frein to police following his arrest and the constitutionality of the death penalty is scheduled for April 19. The hearing on the change of venue/venire motion is scheduled for June 3, Tonkin said. Also, a May court date is expected, but according to Tonkin, that date is likely to change. (source: pikecountycourier.com) GEORGIA: New Play ABout Troy Davis Shows Both Sides"Beyond Reasonable Doubt: The Troy Davis Project" examines both sides of this controversial death penalty case. A new play opening Friday at Synchonicity Theatre provides an unusual take on the Troy Davis death penalty case, which gained international attention in 2011. "Beyond Reasonable Doubt: The Troy Davis Project" presents directly conflicting opinions of the case equally. One act points to his guilt, while the other act points to his innocence. "A lot of times, audience members are told what to believe, and I think that's a very easy position to take," said playwright Lee Nowell. "But I think audience members are smart enough to make their own
