[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA., OHIO, IND., KY.

2018-06-15 Thread Rick Halperin






June 15



TEXAS:

Ex-Doctor Charged In Rape, Murder Of Woman Who Died 30 Years Later



Prosecutors in Dallas say an ex-physician was charged in the death of a woman 
left incapacitated after being sexually assaulted and strangled in 1988.


Dallas County jail records show 56-year-old George Guo was being held Thursday 
on a capital murder charge with a $5 million bond.


The Dallas County District Attorney's Office says Guo was arrested Wednesday in 
Houston for the June 1988 attack on Dr. Katherine Bascone in Highland Park.


The attack left the 28-year-old unable to control her extremities, confined to 
bed, in need of rehabilitation and needing lifetime assistive/nursing care. She 
died in earlier this year.


Authorities say DNA testing was part of the investigation.

Guo, a registered sex offender, faces life in prison without the possibility of 
parole and is eligible for the death penalty.


He was convicted in 1991 for a home burglary in Highland Park where he broke 
into apartment of a 19-year-old SMU student and began to sexually assault her 
when the police were able to break down the door of the apartment and catch Guo 
in the act. A licensed medical doctor at the time, police found Guo is 
possession of a ski mask, military tear gas (mace), screwdrivers, a glass 
cutter, condoms, and multiple syringes filled with hospital grade sedatives.


In 1999, in Meadows Place, Texas, a suburb of Houston, Guo was caught breaking 
into the home where a juvenile female lived with the intent to commit sexual 
assault. He was convicted of burglary with intent to commit sexual assault and 
sentenced to 14 years in prison. He was released from prison in 2013.


(source: CBS News)

*

Guilty until proven innocent: 'The Last Defense' explores the story behind 
Darlie Routier's death penalty conviction




In 2008, Darlie Routier was granted the right to new DNA tests and there is 
still a chance, no matter how small, that she may escape the death row


'The Last Defense' premiered on ABC Television Network this past Tuesday with 
the investigative docu-series exploring the controversial death penalty cases 
of 2 of the country's most infamous criminals: Darlie Routier and Julius Jones. 
Executive produced by Viola Davis, Julius Tennon, and Andrew Wang, the series 
will 'explore and expose flaws in America's justice system' by delving into the 
cases and personal lives of the 2 inmates who, to this day, maintain their 
innocence.


Davis' rich voice introduces us to the cases explored in the show, stating that 
close to 3,000 prisoners are waiting on death row in the country. Out of these 
3,000, 5 are exonerated on the basis of new DNA evidence and other developments 
in investigative techniques. So, the question remains, how many more are 
wrongfully executed for crimes they did not commit? Is there a possibility that 
Routier and Jones are innocent? Episode 1 of the docu-series looks at the 
Routier case.


The murders:

June 6, 1996 - 2:31 am: A near-delirious 26-year-old Routier calls 911 from her 
home in 5801 Eagle Driver, Rowlett, Texas, and tells the operators that an 
intruder broke into her home, stabbed her and her 2 children - 6-year-old Devon 
and 5-year-old Damon - and made his escape. Despite the early hours of the 
morning, police were at the scene within 3 minutes of the call and, after a 
cursory search of the house and the grounds, they did not manage to locate an 
intruder.


She was sleeping in the den with the 2 boys while her husband, Darin Routier, 
was reportedly sleeping upstairs with the couple's 7-month-old son, Drake.


Devon was pronounced dead on the spot, with Routier and Damon sustaining 
significant wounds. The mother had been cut in the neck, shoulder, and arms 
while Damon had been stabbed through the chest. They were rushed to the Baylor 
Hospital, with Damon declared dead in the ambulance and Routier rushed into 
surgery. She was discharged from the hospital just 2 days later.


Lt David Nabors has worked for the Rowlett Police Department for over 30 years 
and was the head of the department's Criminal Investigations Divisions at the 
time. As such, he was put in charge of the murder case and was tasked with 
apprehending the assailant who Routier only described as 'a white man wearing 
dark clothes and a baseball cap.'


Talking about the night, Nabors said: "Initially, when I got there, Darlie met 
the police officer with a towel around her neck putting pressure on her neck. 
When he walked to the back, he saw the 6-year-old laying there face up, already 
deceased."


The hunt lasted a total of 13 days, at the end of which, the department came to 
the conclusion that the murders were an inside job. Darin was ruled out as a 
possible suspect and Routier was arrested in connection with the deaths of her 
2 children, much to the shock of her husband who proclaimed that she was 
innocent.


Because the horrific murders had taken place in a small, 

[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA., OHIO, WASH., USA

2018-02-24 Thread Rick Halperin





Feb. 24



TEXAS:

Guilty: Kountze man faces death penalty at sentencing in child's deathThe 
members of the jury found Jason Wade Delacerda, 40, of Kountze, guilty of 
capital murder.




A week of heart-wrenching testimony came to a close Friday morning and a jury 
of 9 women and 5 men began deliberations in the trial of a man accused of 
ending the life of his girlfriend's 4-year-old child. By 3 p.m. the jury made 
its decision. The jury foreman read the verdict Friday afternoon. The members 
of the jury found Jason Wade Delacerda, 40, of Kountze, guilty of capital 
murder.


Delacerda faces the death penalty when jury members decide his punishment. The 
punishment phase of the trial will begin at 8 a.m. Monday. If he is sentenced 
to death, he would be the 1st person to receive the death penalty in Hardin 
County since the 1980's when Robert Streetman was sent to death row. He was 
convicted of shooting and killing Christine Baker, 44, whom he shot through a 
window as she sat watching TV in her Kountze home in 1982. (source: 
deathpenalty.org).


The young victim, Breonna Nichol Loftin, died at CHRISTUS Southeast Texas - St. 
Elizabeth in 2011. Doctors said she had burns, bruises and broken bones. It's 
taken nearly 7 years for the case to be placed before a jury.


An attorney for Jason Wade Delacerda did not offer opening statements Tuesday 
morning. Ryan Getz said he would rely on the jury to find evidence presented by 
the prosecution as too weak for a conviction. He asked the judge to "limit the 
scope" of questioning during the trial saying questions about the condition of 
the child at the hospital have nothing to do with how the child's injuries 
contributed to her death. Judge Steven Thomas denied Gertz's request to 
restrict the evidence.


One of the first witnesses called by the prosecution is Jefferson County 
Medical examiner Tommy Brown. He said under oath that the young victim's death 
was caused by a severe head injury, known as "Subdural Hematoma." He said 
forensic evidence disputes Delacerda's claim that the injury was caused by a 
trampoline accident.


Emergency room physician Dr. Charles Owen also took the stand on the 1st day of 
the trial. He testified that the child had multiple bruises, scabs and broken 
bones. He said there were signs of pushpins pressed into the victim's forehead. 
The defense objected to the prosecution's presentation of this evidence, saying 
it was not related to the child's death. Judge Thomas overruled the objection.


Hardin County Sheriff's Office Captain Gary Spears testified about seeing the 
child's injuries while at the hospital. While Capt. Spears was on the stand, 
prosecutors played an audio recording of an interview with the defendant that 
was made as part of the investigation. Delacerda is heard on the tape saying 
that the burns could have been caused by a cigarette, but denied knowing how it 
could have happened. Delacerda's voice on the tape is also heard saying that 
Breonna's leg and head injuries were caused by a trampoline accident. Delacerda 
said her burns were caused by hot coffee.


Jury members Wednesday continued watching video of Delecerda as he was 
questioned by 2 Hardin County investigators. Delecerda is heard explaining 
Breonna's injuries. An investigator is heard in the video telling the defendant 
that Amanda, the victim's mother, gave investigators a very different story 
than his. The video ends as Delecerda and one of the investigators began 
shouting at each other.


The Jury had a short day on Thursday. Testimony was cut short because of an 
issue with one of the jury members, and the prosecution and the defense raised 
concerns they wanted worked out before testimony resumed Friday. Prosecutor 
Bruce Hoffer expressed concern of, "extreme risk of corroboration" between 
Delacerda's 2 sons. He asked that the sons be brought in separately when they 
testify. Defense attorney Ryan Gertz said he had an issue as to how recorded 
interviews with Delacerda???s sons were carried out. Both sides met with the 
Judge after the jury left Thursday morning.


(source: 12newsnow.com)

*

Texas Dad Speaks Out After Saving Son Who Plotted Murders of Mom and Brother 

From Death Sentence




The father of the man whose execution was commuted just before he was scheduled 
to be put to death said on Megyn Kelly TODAY that he is grateful his son's life 
was spared - even after the son's conviction for plotting the murder of his 
family members and the attempted murder of the dad himself.


"I feel a great sense of relief and hope," Kent Whitaker told Kelly, adding, 
"He's been given a 2nd chance at life."


In an attempt to gain hold of the family's $1 million estate, Thomas "Bart" 
Whitaker, plotted the murders of younger brother and mother in a brutal 2003 
attack he masterminded that left Kent severely injured.


While Kent was in the hospital recovering from his near fatal wounds, he vowed 
to forgive 

[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA., NEB., CALIF.

2016-11-04 Thread Rick Halperin





Nov. 4




TEXAS:

Fort Worth man guilty of capital murder in deaths of boy, 2 women


A Fort Worth man was found guilty of capital murder Thursday for shooting his 
pregnant girlfriend, her 10-year-old brother and their 39-year-old mother.


Amos Joseph Wells III elected to not to have anyone testify on his behalf in 
the guilt/innocence phase of his case, paving the way for the Tarrant County 
jury to begin deliberations.


Wells, 26, was accused of killing his estranged 22-year-old pregnant 
girlfriend, Chanice Reed; her mother, Annette Reed, 39; and Chanice's 
10-year-old brother, Eddie McCuin Jr., inside the family's east Fort Worth 
house on July 1, 2013.


Wells just shook his head as one of his relatives stormed out of the courtroom 
crying and shouting: "You all are just murderers. No DNA. Just murderers."


Tarrant County prosecutors are seeking the death penalty. A defense motion 
asking the court to set aside the death penalty was denied July 13. The jury 
was released for the remainder of Thursday and instructed to return to the 
courtroom Friday to begin hearing evidence in the punishment phase.


In his closing arguments, Tarrant County Prosecutor Kevin Rousseau told jurors 
there should be no doubt in their minds that Wells was guilty of killing 
Annette and Chanice Reed.


Rousseau projected the evidence of the defendant's guilt on a screen under the 
label "Amos Wells is Guilty" and showed it to the jury. Among the evidence was 
the fact that 12 shells were missing from a box of ammunition found in Wells' 
room - the exact number of shells used at the residence where first responders 
found the 3 mortally wounded victims.


Prosecutors also showed the jury that all the bullets came from the same type 
of handgun authorities believe were used in the slayings.


Wells surrendered to Forest Hill police, asking to be shot and killed, 
prosecutors said.


(source: Fort Worth Star Telegram)






PENNSYLVANIA:

Kevin Murphy execution date for 3 murders set, quickly stayed


State Corrections Secretary John Wetzel signed a notice of execution Wednesday 
for an Indiana County man convicted in 2013 of 1st-degree murder for shooting 
his mother, sister and aunt just seven months after the state Supreme Court 
upheld his death sentence.


However, department of corrections documents indicate the death warrant setting 
Kevin Murphy's execution for Dec. 19 was almost immediately stayed this 
morning, allowing the 55-year-old a chance to appeal.


The state Supreme Court upheld Murphy's death sentence in March. A Westmoreland 
County jury convicted him of shooting Doris Murphy, 69; Kris Murphy, 43; and 
Edith Tietge, 81, at Ferguson Glass in Loyalhanna Township on April 23, 2009. 
The 3 women worked at the family business, which Kevin Murphy owned.


Murphy used a .22-caliber revolver to shoot the women in the head because they 
disapproved of his romantic relationship with a married woman and didn't want 
her live at the family home near Saltsburg, police said.


The jury imposed the death penalty for Doris Murphy's killing and imposed life 
sentences in the deaths of Kris Murphy and Tietge.


In prior appeals, Murphy has argued prosecutors failed to prove he was the 
killer and the verdicts were against the weight of the evidence.


In a 14-page last spring, 5 Supreme Court justices disagreed.

"Viewed in its totality, we find the Commonwealth presented sufficient evidence 
to enable a reasonable jury to find all elements of the crimes of 1st-degree 
murder beyond a reasonable doubt," they said in an opinion authored by Chief 
Justice Thomas Saylor.


Jurors imposed the death penalty based on evidence Murphy "deliberately and 
maliciously" killed his relatives, according to the opinion, and prosecutors 
"plainly established ... aggravating circumstances found by the jury, given the 
multiple killings involved."


Justices Max Baer, Debra Todd, Christine Donohue and Kevin M. Dougherty joined 
in the opinion. Justice David N. Wecht did not participate in the proceedings.


Gary Heidnik was the last person to be executed in Pennsylvania in 1999 for 
murdering 2 women he had imprisoned and tortured in the basement of his 
Philadelphia home.


Murphy is incarcerated at SCI Greene in Waynesburg.

(source: triblive.com)






NORTH CAROLINA:

Black juror's dismissal, death penalty revisited in double homicide


A black man facing execution for a pair of South Asheville murders could come 
off death row, brought on by a recent U.S. Supreme Court decision regarding 
racial bias in jury selection and a woman who arrived at the Buncombe County 
courthouse wearing a cross earring and Tweety Bird shirt.


That woman, Wanda Jeter, was called as a prospective juror in the 1997 
sentencing of Phillip Antwan Davis, who had already pleaded guilty to 2 counts 
of 1st-degree murder, the 1st for fatally shooting his 17-year-old cousin, and 
then shooting and attacking her mother with a meat cleaver.


The only 

[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA.

2016-03-19 Thread Rick Halperin






March 16




TEXASimpending execution

Death Watch: A Question of PremeditationAdam Kelly Ward set to die March 22


Shortly after 10am on June 13, 2005, 22-year-old Adam Kelly Ward was out front 
of his parents' home in Commerce, Texas, washing a car, when he started arguing 
with Michael Walker, a code compliance officer sent to take photographs of the 
home after the Wards had grown noncompliant on an unsheltered storage 
violation. Ward's father, Ralph, came outside to try to diffuse the situation, 
but in talking with Walker, realized his son had disappeared. Worried about the 
gun his bipolar and oft-agitated son kept in his bedroom, Ralph ran off to look 
for Ward, advising Walker to leave the property. Walker retreated to his truck 
and called for law enforcement's assistance. Moments later, however, before 
Ralph could find his son, Ward ran up to Walker's truck and shot the code 
compliance officer - 9 times in all.


In his confession, Ward told authorities that he believed the "city" was 
perpetually after his family, and that he feared for his own life after he and 
Walker started arguing. That worked against him, however, as prosecutors were 
able to point to the initial argument - plus a history of run-ins between the 
Ward and Walker families and the fact that Walker was unarmed - and charged 
Ward with shooting the officer in retaliation. Ward's trial attorneys attempted 
to argue that their client's mental state was too inept to conceive any 
prepared retaliation, but he was convicted of capital murder in June 2007 and 
sentenced to death. Habeas efforts filed at the state and federal levels have 
focused on Ward's lifelong troubles with mental illness, beginning with a 
bipolar diagnosis at age 4. Ward couldn't stay in school, couldn't keep a job, 
and in turn could not move out of his parents' deteriorating and often violent 
house. His habeas attorneys also pointed to a number of problems with the trial 
in general - like the fact that a friend and collaborator of the prosecution, 
Dr. Paul Zelhart, was seen having lunch and talking with jurors during the 
trial.


Ward's efforts for relief failed in federal court in March 2014. His appeal to 
the U.S. Court of Appeals was denied in Jan. 2015. He got word that the U.S. 
Supreme Court refused to hear his case 9 months later, and on Nov. 6, he 
received his execution date. He's currently set for execution at 6pm on 
Tuesday, March 22. He'll be the fifth Texan executed this year, and the 536th 
since the state reinstated the death penalty in 1976.


(source: Austin Chronicle)

***

Ward execution date nearing


Last minute appeals continue to be filed, although an execution date is set in 
less than 2 weeks for a Commerce man, convicted of capital murder for the 
killing of one of the city's code enforcement officers almost 11 years ago.


Adam Kelly Ward is set to die on the evening of March 22.

Last fall, the U.S. Supreme Court refused to hear an appeal of Ward's 2007 
conviction and sentence to death by lethal injection for the 2005 death of 
Michael "Pee Wee" Walker.


In January 2015 the 5th U.S. Circuit Court of Appeals also rejected Ward's 
formal appeal. Ward's attorneys had argued Ward's trial counsel was deficient. 
The court also denied a writ of habeas corpus filed in Ward's behalf in 2014.


In the writ, Ward contended his conviction and death penalty sentence were 
unconstitutional because he received ineffective assistance of trial counsel, 
was not tried by an impartial jury, and is severely mentally ill.


The court reviewed the case and in a 63-page opinion denied the writ in a 
unanimous ruling, also noting Ward failed to make a substantial showing of the 
denial of a constitutional right. Ward's defense counsel then filed the formal 
appeal with the court.


The Texas Court of Criminal Appeals, in a February 2010 ruling, also denied an 
appeal raised by Ward.


Walker was working as a code enforcement officer for the City of Commerce and 
shortly after 10 a.m. on June 13, 2005 he was taking photos of alleged code 
violations at the home where Ward lived on Caddo Street. The 3 engaged in a 
verbal altercation, which ended when Ward shot Walker as many as nine times 
with a .45 caliber semi-automatic pistol.


In order to have been convicted of capital murder, the prosecution had to show 
Ward knowingly and intentionally either obstructed Walker's ability to do his 
job or retaliated against Walker for doing his job as a public servant, while 
in the course of committing the murder.


Defense attorneys attempted to show Ward may have been psychotic and suffering 
from paranoid delusions at the time of the shooting.


Ward was found mentally competent to stand trial in a separate hearing which 
occurred even as a jury was being impaneled to consider guilt or innocence on 
the capital murder charge.


(source: Herald-Banner)



My Regrets as a Juror Who Sent a Man to Death Row 

[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA., CALIF., USA

2015-11-20 Thread Rick Halperin





Nov. 20



TEXAS:

Man charged with 6 counts of capital murder in East Texas campsite killings


A man was charged with 6 counts of capital murder Thursday in the killing of a 
family at an East Texas campsite.


William Mitchell Hudson, who remained jailed on a $2.5 million bond, is accused 
of shooting 2 of the victims at a travel camper and dumping the other 4 bodies 
in a pond near his property.


The warrants were issued by the Anderson County district attorney's office 
after preliminary autopsy results showed all 6 victims died by homicide. The 
autopsies identified the dead as Carl Johnson, 76; Hannah Johnson, 40; Kade 
Johnson, 6; Thomas Kamp, 46; Nathan Kamp, 23; and Austin Kamp, 21. No other 
details from the autopsies would be released, Sheriff Greg Taylor said.


According to a previous warrant, the 33-year-old suspect was drinking with the 
group Saturday when he accompanied four of them into surrounding woods. The 
warrant says the lone survivor, Cynthia Johnson, heard gunshots before Hudson 
returned alone to the campsite, chased her husband and daughter into a travel 
camper and shot them.


No motive has been released.

"There are no adequate words to truly describe this horrific and senseless act. 
6 members of 2 different yet joined families are gone," District Attorney 
Allyson Mitchell said in a statement issued Thursday afternoon. "Our hearts 
grieve for the Johnson and Kamp families and we will use all our resources to 
prosecute Hudson to the fullest extent of the law."


Capital murder in Texas is punishable by either death by lethal injection or 
life imprisonment without the possibility of parole. No decision has been made 
on whether the death penalty will be sought.


Hudson's attorney, Stephen Evans of Palestine, declined to comment. After-hours 
messages seeking more information from the district attorney's office were not 
returned Thursday.


(source: Associated Press)






PENNSYLVANIA:

Death penalty can be sought for Ross murder retrial


The Pennsylvania Supreme Court has cleared the way to seek the death penalty 
against Paul Aaron Ross of the Hollidaysburg area, who is awaiting a new trial 
in the death of a 26-year-old woman at Canoe Creek State Park more than 11 
years ago.


(source: Altoona Mirror)






NORTH CAROLINA:

Racial discrimination remains plague on criminal justice system


One of the fundamental promises of the American criminal justice system is that 
ordinary citizens have the power to help decide how justice is handed down. But 
the truth is, we have never fully extended this power to African Americans.


The U.S. Supreme Court underscored that truth this month, when it heard 
arguments in Foster v. Chatman, a Georgia case in which jury selection notes 
reveal that prosecutors purposely excluded every potential black juror and that 
they ranked the African Americans in case "it comes down to having to pick one 
of the black jurors."


If the court rules for the defendant in Foster, its decision will force courts 
across the country to stop ignoring clear evidence that African Americans have 
been systematically denied the right to serve on juries across the country. 
Here in North Carolina, we should watch this case closely.


In the investigation of cases tried under N.C. Racial Justice Act, we found 
evidence even stronger than that which drew the Supreme Court's attention this 
month. The prosecutor's handwritten notes in a Cumberland County capital case 
labeled jurors with terms like "blk wino" and "blk, high drug neighborhood." 
Another juror was deemed "ok" because she was from a "respectable blk family."


RJA defendants also discovered that their prosecutors attended a training 
seminar, sponsored by the N.C. Conference of District Attorneys, where they 
were given a cheat sheet of "race-neutral" excuses they could use to justify 
excluding African-American citizens from jury service.


To top it off, a comprehensive statewide study of more than 150 capital cases 
from 1990-2010 found that prosecutors dismissed qualified African-American 
jurors at more than double the rate of white jurors. The disparity was even 
more pronounced when the defendant was African American.


Despite this clear evidence, North Carolina has hardly begun to remedy the 
problem.


The courts' record

In the 30 years since it became illegal to strike a juror based on race, the 
North Carolina appellate courts have heard more than 100 cases where 
prosecutors were accused of intentionally excluding jurors of color. These 
courts ruled there was evidence of discrimination against African-American 
jurors in only 1, a case where the prosecutor failed to provide any explanation 
for his strikes."


The courts' record was so troubling that the General Assembly enacted the 
Racial Justice Act, a law that forced the courts to consider statistical 
evidence of racial disparities in jury selection and charging and sentencing. 
The hope was that RJA would finally 

[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA.

2015-10-06 Thread Rick Halperin




Oct. 6



TEXASimpending execution

Texas inmate set for execution for $8 robbery, slaying


No late appeals have been filed on behalf of a Texas inmate who says he 
shouldn't die for fatally shooting a Mexican man who was robbed of $8.


Juan Martin Garcia's execution is scheduled for Tuesday. He was convicted of 
capital murder for the September 1998 killing and robbery of Hugh Solano in 
Houston, where Solano had moved with his family weeks earlier.


The U.S. Supreme Court refused to review Garcia's case in March. The Texas 
Board of Pardons and Paroles, in a 5-2 vote, refused a clemency request from 
Garcia last week.


Garcia acknowledges shooting Solano outside Solano's apartment complex, but 
insists it's not a capital case and that jurors penalized him unfairly because 
he didn't take the witness stand in his own defense at trial.


"If it's God's will, it's his will," Garcia, 35, told The Associated Press last 
month in a prison interview near Livingston.


His lethal injection to be held in Huntsville would be the 11th this year in 
Texas, which carries out capital punishment more than any other state. Three 
more executions are scheduled in upcoming weeks.


"At least I'm going home and I won't have to suffer this pain anymore, because 
I know that as the Bible says there is an afterlife with no problems and no 
sorrow," said Garcia, who spoke to the AP on a phone inside a caged-in 
visitors' area outside the state's death row. "And that's all I look forward 
to."


Evidence at his 2000 trial and testimony from a companion identified him as the 
ringleader of four men involved in the shooting and robbery. The slaying and a 
string of other violent crimes tied to Garcia, who was 18 at the time of the 
killing, convinced a jury he should be put to death.


Garcia, his two cousins and another man had already carried out a carjacking 
when they spotted Solano during the early morning hours of Sept. 17, 1998, 
getting into his van to go to work, according to the evidence. Solano's 
relatives said the 36-year-old, who did Christian missionary work in 
Guadalajara, Mexico, had moved with his wife to Houston weeks earlier so their 
children could be educated in the U.S.


Eleazar Mendoza, who pleaded guilty to aggravated robbery and was sentenced to 
55 years in prison, testified that Garcia approached Solano and pointed a gun. 
Mendoza said Garcia gave Solano orders in Spanish to surrender any money he had 
and then shot him when he refused.


Garcia, from prison, said it was Mendoza who came up with the idea to rob 
Solano and that Solano escalated the confrontation by resisting.


"He punches me," Garcia said. "First thing that came through my mind is that 
the dude is going to try to kill me. He grabbed the gun with both of his hands 
and it discharged."


Solano was shot 4 times in the head and neck.

Garcia was arrested more than a week later when he dropped a gun while getting 
out of a car that police had pulled over for a broken headlight. He was 
released but arrested again when the gun was matched to Solano's slaying.


Evidence and testimony tied him to at least 8 aggravated robberies and 2 
attempted capital murders in the weeks before and after Solano's death.


Another defendant, Raymond McBen, pleaded guilty to aggravated robbery and was 
sentenced to 30 years in prison. He was paroled a year ago.


The fourth man charged, Gabriel Morales, went to trial and was sentenced to 
life on a capital murder conviction.


(source: Associated Press)



Faculty members from Capital Punishment Center review capital punishment cases 
in the Supreme Court



Even though the death penalty is less used within the U.S. judicial system now 
in comparison to previous decades, it still commands a large portion of the 
Supreme Court???s time and resources, according to UT law professor Jordan 
Steiker.


Faculty members belonging to the Capital Punishment Center at UT reviewed 
Supreme Court capital punishment cases that occurred during the past year at a 
case review Monday.


While the death penalty aims to act as a deterrent and a method of retribution, 
a large number of Americans have begun to turn their back on it, Steiker, 
director of the Capital Punishment Center, said.


Ashley Alcantara, Plan II and government junior and communications director for 
University Democrats, said capital punishment should be outlawed.


"Capital punishment is not a good deterrent," Alcantara said. "There is always 
a risk of killing an innocent person."


Madison Yandell, government junior and president of College Republicans, said 
capital punishment should be reserved for cases that involve heinous crimes.


"People value life, so if they know the punishment is going to be life, it 
deters crime," Yandell said. "Capital punishment serves the family of victims 
because it is a small way of achieving justice for them."


The faculty panel discussed Glossip v. Gross, a 2015 Supreme Court case 

[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA.

2014-05-19 Thread Rick Halperin






May 19


TEXAS:

Texas Prison System Running Out of Execution Drug


The nation's most active death penalty state is running out of its execution 
drug.


The Texas Department of Criminal Justice said Thursday that its remaining 
supply of pentobarbital expires in September and that no alternatives have been 
found. It wasn't immediately clear whether 2 executions scheduled for next 
month would be delayed. The state has already executed 11 death-row inmates 
this year, and at least 7 more have execution dates in coming months.


We will be unable to use our current supply of pentobarbital after it 
expires, agency spokesman Jason Clark said. We are exploring all options at 
this time.


Texas switched to the lethal, single-dose sedative last year after 1 of the 
drugs used in its 3-drug execution process became difficult to obtain and the 
state's supply expired. Other death-penalty states have encountered similar 
problems after some drug suppliers barred the drugs' use for executions or have 
refused, under pressure from death-penalty opponents, to sell or manufacture 
drugs for use in executions.


No executions in Texas were delayed because of that shortfall.

When Texas raises a flag that's it having a problem, obviously numerically 
it's significant around in the country because like they're doing half the 
executions in the country right now, Richard Dieter, executive director of the 
Washington-based Death Penalty Information Center, an anti-death penalty 
organization, said Thursday.


The states really scramble to go all over to get drugs, he said. Some went 
overseas, some got from each other. But these manufacturers, a number them are 
based in Europe, don't want to participate in our executions. So they've 
clamped down as much as they can, Dieter said.


Some death penalty states, most recently Georgia, have announced they're 
turning to compounding pharmacies, which make customized drugs that are not 
scrutinized by the Federal Drug Administration, to obtain a lethal drug for 
execution use.


Missouri wants to use propofol, the anesthetic blamed for pop star Michael 
Jackson's 2009 death - even though the drug hasn't been used to execute 
prisoners in the U.S. Its potential for lethal injection is under scrutiny by 
the courts and its 1st use isn't likely anytime soon. The Missouri Supreme 
Court has declined to allow execution dates to be set in that state until the 
legal issues are resolved.


Missouri Attorney General Chris Koster recently suggested that if a suitable 
execution drug can't be found, the state should consider the gas chamber. State 
law still allows for execution by lethal gas, though Missouri no longer even 
has a gas chamber.


A return to the gas chamber or electric chair anywhere would be difficult, 
Dieter suggested.


Those things just raise the spectacle level and I don't think it's where 
states want to go, he said.


Pentobarbital, which has been used alone or in concert with other drugs in all 
executions in the U.S. the past two years, was more readily available because 
it was commonly used as a sedative.


But I guess restrictions have been put on its distribution, Dieter said. 
It's uncertain where all of this goes because it's inherently a medical kind 
of procedure involving some health professionals who are largely focused on 
keeping people alive. It runs into contradictions with executions - people 
strapped to a table. Executions aren't exactly what the medical model is.


Texas has by far executed more inmates than any other state in the U.S. since 
the Supreme Court allowed executions to resume. Since 1982, 6 years after the 
high court's order, Texas has executed 503 inmates. Virginia and Oklahoma are a 
distant 2nd at 110.


As of May 2012, Texas had 46 of the 2.5-gram vials of pentobarbital, presumably 
enough to execute as many as 23 prisoners since each execution requires a 
5-gram dose. The execution Wednesday of an inmate convicted in 2 road-rage 
killings was the 20th lethal injection since that disclosure.


(source: Associated Press)






PENNSYLVANIAfemale to face death penalty

Judge: Miranda Barbour will face the death penalty


A Northumberland County judge today denied a defense request to take the death 
penalty off the table for murder suspect Miranda Barbour.


Judge Charles Saylor ruled this morning that the jury will be permitted to 
consider torture and robbery as aggravating factors that could justify the 
death penalty in the Nov. 11 stabbing death of Troy LaaFerrara of Port 
Trevorton.


Barbour, 19, and her husband, Elytte Barbour, 22, are both charged in the case. 
Elytte Barbour also faces the death penalty.


Court-appointed defense attorney Edward Greco argued in mid-April that an 
autopsy report does not support Northumberland County District Attorney Tony 
Rosini's assertion that the homicide was committed by means of torture. Greco 
asked the court to allow testimony on the matter and quash the 

[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA.

2014-02-08 Thread Rick Halperin





Feb. 8


TEXAS:

Murder defendant to Act as Own Attorney

A Tyler man facing the death penalty for the murder of his ex-wife will act as 
his own attorney in his upcoming trial.


James Calvert is accused of killing his wife and kidnapping his son in October 
2012.


Smith County District attorney Matt Bingham says Calvert has a constitutional 
right to represent himself.


District Judge Jack Skeen made a decision after questioning Calvert for some 
time Thursday.


Another pre-trial hearing is set for next week.

(source: KYTX news)






PENNSYLVANIA:

DA to seek death penalty in homicide


Prosecutors plan to seek the death penalty against accused killer Carlos 
Anthony Thompson.


District Attorney Joshua Lamancusa said he plans to file a notice of 
aggravating circumstances against Thompson, 37, of 928 West Washington St., New 
Castle, who was accused Tuesday in the Jan. 30 murder of Robert Quincy Brown, 
35, of New Castle.


Police said Brown, whose body was found early that morning in an alley behind 
Lutton's Auto Repair, 1119 Moravia St., New Castle. He died from a single 
gunshot to the head.


Lamancusa said any homicide must fall into 1 of 3 categories to be considered 
for a capital murder case, and the murder of Brown meets at least 2 of the 3 
criteria.


Thompson is a previously convicted felon - he pleaded guilty in 2001 to 
voluntary manslaughter - and is accused of committing 2 additional felonies 
when Brown was killed. According to a criminal complaint filed with District 
Judge Melissa Amodie, Brown was robbed of approximately $3,000 when he was 
killed, and Thompson was illegally carrying a handgun as a convicted felon.


The 3rd criteria, that the murder be premeditated, might apply as well, 
Lamancusa said.


There's a couple more pieces that might present themselves.

Police apprehended Thompson with the help of a surveillance video provided by 
Lutton's Auto Repair, which captured images of Brown's killing. The video 
showed Brown and another men parking in an alley near the shop. They talked for 
a few minutes before Brown appeared to attempt hugging Thompson and then 
collapsing to the ground just after 1:20 a.m. Jan. 30.


Further investigation established that Thompson had gotten into an argument 
with Brown over accusations that Thompson had killed a relative of Browns.


In an interview with police, Thompson said he thought Brown - who was unarmed - 
was going to shoot him, so he shot Brown first.


Thompson is charged with criminal homicide, 1st-degree murder, robbery and 
illegal firearm possession.


He is being held in Lawrence County without bail.

(source: Ellwood City Ledger)






NORTH CAROLINA:

Death penalty hearing for man accused of killing former Staten Island woman 
postponed until March



A hearing to determine whether the state will seek the death penalty against a 
man accused in the December slayings of his ex-girlfriend -- a former Staten 
Islander who fled for her safety -- and her new boyfriend has been postponed 
until March.


The hearing for Michael Teon Brown of Hartsville, S.C., was postponed in Dunham 
County Superior Court after2 of the victim's children requested that Brown not 
be eligible for the death penalty.


Brown is charged with 2 counts of 1st-degree murder in the deaths of Jessica 
Liriano, 33, and Jerron McGirt, 34. Police said Ms. Liriano and McGirt were 
shot outside their home in the 2200 block of Cheek Road on the morning of Dec. 
16, moments after putting 2 of her 3 children on a school bus, according to 
WRAL.com.


Brown was taken into custody 2 days later in Darlington County, S.C., after 
exchanging gunfire with deputies. He was treated for non-life-threatening 
wounds, the website added.


Brown is the father of Liriano's youngest child, Dylan, a 3-year-old boy, who 
was born prematurely and now lives with medical and other special needs. Her 2 
older children, Khianti (Kiki), 15, and Andrew, 18, asked that Brown not face 
the death penalty.


I'm weighing their concerns, said prosecutor Jennifer Bedford in court before 
asking for a continuance, according to the site.


Ms. Liriano fled from West Brighton to protect herself and her children after 
the 2006 arrest of former friend and co-worker, Shonelle Melvelle-Grant. Ms. 
Melvelle-Grant used to babysit Kiki, but she became fixated on the girl, 
according to authorities.


At one point, years earlier, Ms. Melvelle-Grant, kidnapped the child for 3 
days.


Kiki, was returned home unharmed and Ms. Melvelle-Grant's subsequent plea 
bargain was sealed, authorities said. Ms. Liriano moved to Elm Street in West 
Brighton, but police warned her to be on her guard, and with good reason.


Ms. Melvelle-Grant, who was living in Orange County, tried to hire a hit man in 
2006 to kill Ms. Liriano, so she could steal Kiki, who was then 8, authorities 
said.


The assassin, however, turned out to be an undercover police officer. Ms. 
Melvelle-Grant took a plea deal in Orange