April 29



TEXAS:

Terrell man found guilty in 2013 killing spree----Man convicted of killing mom in murder spree


A man was found guilty in a 2013 Terrell killing spree that claimed the lives of 5 people, including his mother, his aunt, and a convenience store clerk.

It took a Kaufman County jury just 20 minutes to find Charles Brownlow Jr. guilty Thursday morning in the killing of the clerk. They rejected his defense team's contention that he had been insane at the time of the killings.

A jury is now hearing testimony to determine his sentence.

Prosecutors are seeking the death penalty for the Oct. 28, 2013 killing spree that claimed the lives of his mother, Mary Brownlow; his aunt, Belinda Walker; an acquaintance who was a fellow Terrell High alum, Jason Wooden, 33; Woodens' girlfriend, Kellye Lynnette Sluder; and convenience store clerk Luis Leal-Carrillo.

The punishment phase of the trial is expected to last at least a week. Testimony resumes Monday afternoon.

"He took somebody precious off the face of this earth that I love, that loved us, that I'm sure he loved to," said his brother, Terrence Walker. "I don't understand how you can take somebody off this earth that loves you and does everything for and provides for you... But not only her, but my aunt, and all the other 3 victims that were impacted by this situation."

Dressed in a suit Thursday, Brownlow acted nonchalant and even waved at the media as he was escorted by the Kaufman County sheriff's deputies. He looked very different than the sweaty, half-naked man taken into custody by the authorities in 2013.

As they seek the death penalty, prosecutors are portraying Brownlow as a predator with a history of violence dating back 2 decades. Among those testifying was a woman who said he got her drunk and then raped her when she was 13 in a Terrell motel room in 1996.

"He got on top of me and he put himself inside me. [...] I told him it hurt really bad. I said, 'Stop. Stop,'" the woman said.

She said she dropped the charges after her family began receiving threatening phone calls.

"The way I looked at men for a very long time was not very good. I could not trust anyone," she said. "I blamed myself for a long time, thinking I had done something wrong when I didn't. I was a child."

For decades, Brownlow was in out and out of trouble with the law.

Then came that fateful day in October 2013.

It was a killing spree that stretched over hours and multiple bloody, horrific scenes.

His 55-year-old aunt's body was the first to be found in her home, east of downtown Terrell. She had been shot in the head.

A short time later, firefighters saw flames coming out of the home that Brownlow shared with his mother. She was found in her bedroom and her body had been set on fire. Her car was missing and police launched a manhunt looking for him.

After killing his mother and aunt, Brownlow also paid a visit to an acquaintance. He asked the friend where the party was, but was asked to leave when he insulted the acquaintance's girlfriend.

Brownlow showed back up later, forcing way into the home as they barricaded themselves in the bedroom. Brownlow managed to get his hand in the door and began firing a gun while they hid under a king-size mattress.

The acquaintance and his girlfriend were the only victims to survive the rampage.

From there, about 5 hours after the initial killings, Brownlow's classmate
Jason Wooden and his girlfriend were shot in their home in the presence of their then-3-year-old son.

Afterwards, surveillance video showed Brownlow walking into a Mexican restaurant in Terrell. Witness said he was wearing a football jersey, mumbling to himself, and asked to see someone before he left without further incident.

About 15 minutes later, Brownlow entered the Ali's Market on U.S. Highway 80.

Police say he took a single can of Bud Light from the convenience store after shooting Leal-Carrillo, 22, in the forehead. The clerk did not know Brownlow.

An off-duty sergeant who was working an security job heard radio traffic about the shootings, and spotted Brownlow's mother's car and the suspect inside the store. It appeared to the officer that Brownlow was buying something. He did not realize the clerk had been shot.

The off-duty sergeant tailed Brownlow as he left, providing information to on-duty officers. That led to a high-speed chase through town.

Brownlow wrecked his mother's car, fled on foot, and was captured hours later, hiding in a creek.

A former girlfriend of Brownlow, who is the mother of his 17-year-old daughter, testified that Brownlow's mother doted on her daughter. She also said Brownlow's mother was very protective of him and sheltered him, although she had told her that he was "acting crazy."

"She was always taking up for him," the former girlfriend said.

Walker, Brownlow's brother, said their mother did everything for his younger brother. He said his brother rarely had a job and was a drug user.

He says he's visited Brownlow once since his arrest in the killings.

"He talked to him once and he didn't want to talk, so I didn't go back," he said. "He has to be held accountable, and if that means the death penalty, then that's what it means."

(source: WFAA news)






NORTH CAROLINA:

DA to ask judge for death penalty in case of man found burned in hotel


If a judge approves, the Guilford County District Attorney's Office intends to seek the death penalty in a high-profile slaying of a former city worker accused of setting fire to a hotel room with a man inside.

Garry Joseph Gupton, 27, of 1312 Wiley Lewis Road, is charged with 1st-degree murder and 1st-degree arson in the death of Stephen Patrick White, 46, of 1722 Aftonshire Drive.

The district attorney's office announced in court filings that it will seek the death penalty in the case on two factors, according to Howard Neumann, chief prosecutor with the district attorney's office. The factors are that the slaying was especially heinous, atrocious and cruel and the death was committed during an arson.

The hearing to determine whether prosecutors will seek the death penalty against Gupton will be scheduled during the week of May 16 in Guilford County Superior Court.

Gupton and White met at Chemistry nightclub Nov. 8, 2014 in Greensboro, then went to the Battleground Inn at 1517 Westover Terrace, police said. White was found assaulted and burned in a 4th-story room of the hotel in the early hours of Nov. 9. He died from complications of his injuries at Wake Forest Baptist Medical Center on Nov. 15, 2014.

According to court documents, Gupton activated the fire alarm at the Battleground Inn, then ran screaming throughout the hotel. When responding police officers arrived to talk to Gupton they saw smoke coming from a room officers later learned had been rented by White, documents stated.

In a publicly released 911 call made by a hotel employee, the caller says a man, later identified as Gupton, is running around the hotel shirtless and, "just flipped out." He can be heard in the background yelling obscenities.

During the investigation, Gupton told police, "he believed he was possibly given an unknown drug that altered his mental state," according court documents. He had his blood drawn at Wesley Long Hospital and sent to the N.C. State Crime Lab for testing. It's not known publicly what the results are.

Responding officers tried to enter the hotel room where White was unconscious, but the smoke was too heavy, according to court documents. Firefighters went in and found White on the floor of the room with severe burns.

Firefighters said, "There were items, possibly items of furniture, laying on top of (White) when they found him," court documents state. White had significant trauma to his head.

Neumann has said it appeared White had also been struck with a telephone, TV and other furniture.

White was initially brought to Moses Cone Hospital for his injuries, then taken to Wake Forest Baptist Medical Center. Both of his arms were partially amputated because of his wounds.

Gupton was initially charged with assault with a deadly weapon with intent to kill for White's injuries. When White died on Nov. 15, 2014, the charge was upgraded to 1st-degree murder. The district attorney's office has since dismissed the assault charge due to the murder charge, according to court documents.

The case has garnered wide interest in part because Gupton was employed by the city of Greensboro in the water resources department. The city fired him on Nov. 16, 2014. The case has also generated national interest from the gay community. Police and the district attorney's have determined White's death was not a hate crime.

(source: Greensboro News & Record)






TENNESSEE:

Death penalty trial opens in killing of Memphis motel clerk


17 years after he was sentenced to death in the killing of 45-year-old Ricci Ellsworth, Michael Rimmer walked into Shelby County Criminal Court and sat beside his attorneys.

Rimmer's new trial, which was ordered in 2012, opened Thursday. The trial comes after a judge found Rimmer's defense counsel, both in 1998 and at a later resentencing, failed to effectively investigate the capital case. Shelby County Criminal Court Judge James Beasley Jr., a former prosecutor, found that the Shelby County lawyer who prosecuted Rimmer, Thomas Henderson, "purposefully misled" Rimmer's defense counsel about evidence.

Ellsworth disappeared in February 1997 from the Memphis Inn near Interstate 40 and Sycamore View where she was a night clerk. Her body was never found. Large amounts of blood and the ring she always wore were found in the employee bathroom.

"Revenge and robbery," said Pam Anderson, of the Davidson County District Attorney's office, who is one of the prosecutors of the retrial. "That's what this case is about."

In 1989, Rimmer raped Ellsworth and was sent to prison, Anderson said.

Ellsworth forgave him and visited him in prison.

"She was a very forgiving woman," Anderson said.

While incarcerated, Rimmer talked to another inmate about Ellsworth. He felt she owed him money, Anderson said. In 1996, before he was released from prison, he told another inmate he planned to kill her and talked about how to dispose of a body, Anderson said.

"February 8, 1997, was the last time that anyone saw Ricci Lynn Ellsworth alive," Anderson said.

Her son and daughter never heard from her again.

On Feb. 8, 1997, between about 8:30 and 9 a.m., Rimmer came to his brother's house. He was muddy and had a shovel, Anderson said. The backseat was wet. The brother dumped the shovel and it was never seen again, Anderson said.

Rimmer was stopped March 5, 1997, in Johnson County, Indiana for speeding. Blood consistent with the female offspring of Ellsworth's mother was found in the car.

Ellsworth was kind-hearted, said her sister, Dianne Faulk.

"We were devastated by my sister's murder," she said.

Faulk said there is "no doubt in any of our minds and hearts, that he did kill her."

Defense attorney Paul Bruno said two people had something to do with what happened to Ellsworth, but neither were Rimmer.

"There is actually no definitive proof that she's deceased," Bruno said.

Bruno said one of the inmates who came forward with information against Rimmer had been convicted of eight felony drug offenses. Another had a lengthy history of forgery and a conviction for voluntary manslaughter.

Bruno said a credible witness, an Army sergeant named James Darnell, had been at the motel and saw two men who did not fit Rimmer's description with blood on their hands. Darnell saw a person put something heavy into the trunk of car. The object was wrapped in something cloth-like.

Bruno said Darnell described 2 men and a composite sketch was printed in The Commercial Appeal.

A lady in Arkansas identified one as Billy Wayne Voyles. Police put together a photo lineup with 44 white males, including Rimmer in jail clothing and a hat, Bruno said.

"Of 44 people, who does he pick out? Billy Wayne Voyles," Bruno said. He did not pick out Rimmer.

Bruno said the second person in the composite sketch had a full head of hair. While Rimmer, who looked similar in 1997 as he does today, is bald on the top of his head, Bruno said.

(source: Commercial Appeal)






INDIANA:

DNA evidence in Vann case cited in judge's ruling


Prosecutors allege that a suspected serial killer used the same pair of gloves to clean up crime scenes.

A swab taken from the outside of the gloves was consistent with the DNA profile of Afrika Hardy and included a mixture of DNA from two other people, according to court records.

The information about the DNA evidence was included in Lake County Criminal Judge Samuel Cappas' findings of fact and conclusion of law when he recently ruled that Darren Vann will be tried during one jury trial on charges accusing him of strangling to death Hardy and Anith Jones.

Vann has pleaded not guilty to charges of murder. The Lake County prosecutor's office is seeking the death penalty against him.

In court last week, Cappas briefly indicated that he denied the defense's motion to separate the cases, which would have required 2 jury trials.

Vann's attorneys argued in their motion to sever the cases, because he could be convicted in one of the homicides based on evidence from the other homicide, based on the complexity of the evidence. They also argued the state's theories as to the motives in the homicides were distinct.

In Cappas' findings, it states the investigation into Vann produced overlapping evidence such as the statements he made to police and DNA found on a brown cord that is consistent with the DNA profiles for Hardy and Jones.

A swab taken from Vann's shoe also indicated there was a mixture of at least three people. According to court records, one of the profiles is consistent with Jones' DNA profile.

The ruling also states that there wasn't enough reasoning to indicate that the evidence was so complex it would confuse jurors.

Cappas determined the alleged acts were of "similar conduct and a series of acts connected together or constituted parts of a single scheme or plan," according to court records.

Among the similarities are that Hardy and Jones used backpage.com while working as prostitutes. The women also were killed within 10 days of each other in low-income areas, were paid to have sex, were strangled with a brown cord and had their cell phone stolen from them, according to court records.

Hardy, 19, had arranged to meet Vann at a Hammond motel room, according to court records. She was found strangled to death Oct. 17, 2014, inside the motel.

When Hammond detectives questioned Vann, he allegedly confessed to killing Hardy along with 6 other women, which included Jones, 35, of Merrillville. Her body was found in an abandoned home in Gary.

In a separate capital case, Vann faces murder charges in the homicides of Teaira Batey, Kristine Williams, Tracy L. Martin, Sonya Billingsley and Tanya Gatlin. He also has 2 other pending criminal cases in front of Cappas.

His next court hearing is scheduled for May 20.

(source: nwitimes.com)






MISSOURI:

For Joe Amrine, Life 13 Years After Being Freed From Death Row Is Tough, But Worth It


On Monday, July 28, 2003, Joe Amrine was released from prison, after serving 17 years on death row for a murder he did not commit.

4 days later, shell-shocked from his first few days of freedom and swarms of media attention, Amrine appeared on KCUR's Up To Date with Steve Kraske, wearing sunglasses.

"I didn't want people to see the fear in my eyes," Amrine says.

Amrine returned to Up To Date this week to give a glimpse of what life looks like for him after 13 years of freedom.

"I'm still shell shocked," he told Kraske.

He describes the fear that he still feels everyday, fears that are different than the ones he had immediately after his release.

"I'm scared of not doing what I should do, I'm scared I'm not going to amount to what I should amount to, I'm really scared that my situation is just going to be forgotten," he says.

Back in 1985, Amrine was given the death sentence for stabbing a fellow inmate at the state prison in Jefferson City to death. The supreme court overturned his conviction in April, 2003 and he was released a few months later.

Amrine says life for him now has more down than ups.

"Being locked up 26 years has a lot of baggage with it. Getting back into society, dealing with my inner self. It's hard to find a job, it's hard to be a relationship ... it's like Rip Van Winkle," he says.

After his release, Amrine didn't receive any assistance from the state, other than a $14 check that was leftover from his commissary account while in prison. He gave that check to his brother, who still has it today.

Sean O'Brien is the attorney who helped Amrine get his conviction overturned. The irony of Amrine's situation, he says, is that Amrine would be better off now had he plead guilty and been released on parole. That way, he would have a parole officer helping him get public assistance to get reestablished in society.

"As an innocent person, unless you can find someone at fault who you can sue, and overcome this really difficult governmental immunity doctrine, then you don't get anything, O'Brien says.

Amrine says he's harbored a lot of animosity towards the state of Missouri, but he's trying to let that go. He says he only wants one thing from the state.

"I actually went on record and said that the only thing that the state of Missouri owed me was an apology, and that was 13 years ago and I still haven't gotten it. Actually, I just feel like the state of Missouri, to me, it's like still trying to keep me down," he says.

"Because I have nothing, I have no support."

Still, he reiterates how much he loves life and loves his freedom.

Amrine came close to being executed four times during the 17 years he spent on death row, but he says his lowest point came when he was watching the news on the day of a fellow inmate's execution. He says the 1st story on the news was about a protest against animal cruelty that drew more than 50,000 people.

"The very next segment was the execution and the 7 people who was [sic] outside protesting. And I'm like, 50,000 people show up to protest animal cruelty, 7 people came out to protest this man's execution. That really hit home for me," Amrine says.

Amrine fears that he's not doing enough in the fight to abolish the death penalty, but keeping up the the daily struggles of his new life is already a persistent battle.

He got his GED and a paralegal certificate, which he hasn't been able to use because of difficulties getting a job. Right now, he's working at Habitat For Humanity for $7 an hour. He doesn't have a cell phone - too confusing, he says - and he admits he isn't great at saving money. Instead, he usually spends it all buying things for his nieces and nephews.

"I don't sense the value of money ... People make fun of me ... I get a lot of pleasure out of that, helping my nieces and my nephews, or just helping people, period. I feel my life was saved for that reason," he says.

Amrine's sister tells him that at nearly 60 years old, he's still a work in progress, and he agrees - there's still a lot left for him to do in his life, and he's grateful every day for that opportunity.

(source: KCUR news)



OKLAHOMA:

Defense in LeFlore County murder trial in question


The 1st-degree murder trial of Elvis Thacker took a turn Thursday in the LeFlore County Courthouse when the prosecution argued against a new defense strategy of the accused being an "accessory to the murder after the fact."

The 6-man, 6-woman jury will receive instructions today from District Judge Jonathan K. Sullivan on exactly how they may proceed in deciding the fate of the 28-year-old Cedarville man accused, along with his younger brother Johnathen Thacker, 27, in the September 2010, slaying of Briana Ault of Fort Smith.

Multi-district issues surfaced Thursday in the "accessory" defense due to "conduct that was made in Arkansas," Sullivan said as part of the responses to First Assistant District Attorney Margaret S. Nicholson's rebuttal in which at least 2 defense objections were sustained on the basis of "confrontation clause violations."

Essentially, the judge said, if Elvis Thacker was an "accessory in another state" then it is out of Oklahoma's jurisdiction.

The defense's expert witness, forensic scientist Brent E. Turvey of Sitka, Alaska, testified Wednesday there was no evidence the murder was committed at a pond in Pocola off Texas Road where the body was found by a fisherman. A family member testified that Elvis never left his apartment the 2 days before and after the murder.

There also was no evidence, Turvey said, that 2 people committed the murder and it was most likely one person. Ault's car was found burning by a janitor at Southern Steel & Wire in Fort Smith and only 1 person was seen running from the vehicle by the janitor and surveillance video. Elvis Thacker was not able to run at the time, according to several family members, who said that Elvis Thacker had been in a leg brace and had a torn ligament from a truck wreck a month prior to the slaying.

Cellphone records showed that the Thackers had been in contact with Ault the night she was killed. Police were also led to the Thackers in an unrelated rape claim, which later was not substantiation. The phone was in Elvis' name. Johnathen Thacker did not have a job.

Gretchen Mosley of the Oklahoma Indigent Defense System has said in opening arguments April 12 that her client, Elvis Thacker, is innocent of the crime and previous confessions were made under duress to get medial attention or stay alive. Turvey claims what police did to him were "torture." There was also no evidence of a rape of Ault, Turvey said, and he indicated that post-mortem mutilations of the body were indicative of a budding serial killer. The defense claims Johnathen Thacker acted alone in the murder and had solicited sex from his sister and mother in prison letters.

"It's not a lesser defense," Mosely said of the "accessory" claim in rebuttal exchanges. "In Oklahoma, the criteria can be met. Multiple jurisdiction is coming together to undermine the right of a fair trial."

To Mosley's question "if he is acquitted here, what about Arkansas?" Sullivan replied "I have no jurisdiction there."As it stands, Elvis Thacker's jury might be only getting instructions today for either charging the accused with 1st-degree murder or to acquit him.

The younger Thacker pleaded guilty to murder in April 2014 but has yet to be sentenced. Having made a deal to avoid the death penalty, Johnathen Thacker testified against his brother earlier in the trial this month. Both of the Thackers are being held at the LeFlore County Detention Center.

Elvis Thacker, faces the death penalty if convicted in a crime that has caused more than 5 years of emotional turmoil and suffering for the Ault family. Bethany Ault-Pyle of Fort Smith, mother of the late Briana Ault, formed a support group for families grieving relatives lost to murder. Homicide Survivors United meets at 6:30 p.m. the 2nd and 4th Thursday each month at Central Chrisitan Church in Fort Smith.

(source: Times Record)






COLORADO:

Planned Parenthood shooting suspect due in Colorado court for competency hearing


A man accused of fatally shooting 3 people and wounding nine others at a Planned Parenthood clinic in Colorado last year is set to return to court on Thursday for a hearing to determine if he is mentally competent enough to fire his lawyers.

Robert Lewis Dear, 58, has said he wants to represent himself against multiple charges of murder and attempted murder, after previously declaring he was guilty and calling himself a "warrior for the babies" at a hearing in December.

El Paso County District Court Judge Gilbert Martinez ordered the South Carolina native to undergo a competency examination after Dear said at previous hearings he wanted to dismiss his lawyers.

Those attorneys have since said in court papers that evaluators concluded Dear was mentally incompetent, but it is up to Martinez to rule whether the case can proceed and if Dear can represent himself.

If the judge rules Dear is mentally unfit, the case will be suspended while he undergoes treatment at the state mental hospital until he is restored to competency.

Dear has been held without bond at the El Paso County jail since he surrendered on Nov. 27 at the Planned Parenthood clinic in Colorado Springs following a 5-hour siege in which 3 people were killed, including a police officer, and 9 others suffered gunshot wounds. It marked the 1st deadly attack on a U.S. abortion provider since 2009.

Dear, who police said was armed with several rifles and opened fire in the parking lot of the clinic before storming the building, told detectives after his arrest that he was upset with Planned Parenthood for performing abortions and what he said was the "selling of body parts," the documents showed.

Among those scheduled to testify at Thursday's hearing include a detective who interviewed Dear after his arrest and at least one of the mental health evaluators who examined Dear, a onetime self-employed art dealer who lived in Hartsel, Colorado.

District Attorney Dan May said he would not announce whether he would seek the death penalty until some time after Dear formally enters a plea.

(source: rawstory.com)






CALIFORNIA:

North Hills man eligible for death penalty after charge in wife's death


A 69-year-old North Hills man was charged with murder Thursday in connection with his wife???s death weeks after he was charged in his son's death, making him now eligible for the death penalty, prosecutors announced Thursday.

Prosecutors allege that Shehada Issa killed his wife Rabihah Issa, 68, with a knife sometime between March 27 and March 29. The matriarch was found dead in the bathroom of the home with multiple stab wounds on March 29, according to authorities.

Issa was charged earlier this month with the slaying of his 38-year-old son Amir Issa, who lived in the back of the family's house and was shot in the head and torso outside the home.

Issa told police at the time that he shot his son in self-defense and claimed that his son had killed his mother.

However, Operations-Valley Bureau Homicide Detective Rich Wheeler said in a previous interview that investigators believe the father may have killed the son to cover up his wife's death.

The case has attracted national headlines because prosecutors also charged Issa with a hate crime, alleging that he killed his son because he is gay and had threatened to kill him on prior occasions for that same reason. However, LAPD detectives have said they don't believe that was the primary factor in the man's killing.

Issa, who is being held without bail, is scheduled to be arraigned on May 17 at the San Fernando Courthouse.

****************

Homeless man could face death penalty in 7-Eleven stabbings that killed clerk


A homeless parolee pleaded not guilty Thursday to murdering a Valley Village convenience store clerk and to trying to kill the clerk's girlfriend after allegedly trying to steal a sandwich and beer from the store.

Hasaan Blunt, 42, is charged with murder in the March 25 stabbing of Washi Uddin Ahmed, 55, of North Hollywood, along with the attempted murder of Ahmed's girlfriend, also a clerk at the 7-Eleven store at Laurel Canyon and Chandler boulevards.

The murder charge includes the special circumstance allegation of murder during the commission of a robbery. Prosecutors will decide later whether to seek the death penalty against Blunt.

He also is charged with 2 felony counts of 2nd-degree robbery and 3 misdemeanor counts of vandalism of vehicle tires with under $400 damage.

Blunt allegedly slashed the tires on 3 vehicles before going into the store, grabbed a sandwich and beer and walked out without paying, according to prosecutors.

Blunt allegedly stabbed the clerks after they chased him outside the store and confronted him, according to prosecutors.

The criminal complaint alleges that Blunt was convicted in 1998 of assault with a deadly weapon, battery causing serious injury and assault with a deadly weapon by a state prison inmate.

He is being held without bail and is due back in a Van Nuys courtroom June 21, when a date is scheduled to be set for a hearing to determine if there is enough evidence to require him to stand trial.

(source for both: Los Angeles Daily News)

**********************

Father who confessed to killing his son is charged in wife's death


A 69-year-old man was charged Thursday with fatally stabbing his wife at their North Hills home before shooting their son to death, prosecutors said.

Shehada Issa faces 2 counts of willful, deliberate and premeditated murder with a special circumstance allegation of multiple murders, Deputy Dist. Atty. Emily Cole said.

Issa is accused of killing his wife, Rabihah Shibi Issa, 68, with a knife on or between March 27 and 29, according to the charging document.

The complaint also includes a special allegation that Issa intentionally fired a shotgun, which killed his son, Amir Issa, 38, as well as a hate crime allegation. Amir Issa was gay, authorities said.

Authorities said officers arriving at the home late last month walked into a gruesome scene: The son's body lay outside the house, while the wife's body was found inside a bathroom.

Police said the condition of the wife's body indicated that she may have been dead "for a while" before her son was shot. LAPD Officer Mike Lopez said she was "stabbed numerous times."

Shehada Issa told police that he had shot his son but said it was in self-defense, according to detectives. He told police that he had heard noises inside the home and, suspecting a burglar, grabbed a shotgun only to find himself confronted by his son, who he said threatened him with a knife.

Turmoil appears to have reigned behind closed doors at the Issa home since Amir moved back in with his parents, which neighbors said occurred within the last 2 years.

LAPD Sgt. Greg Bruce said officers had been called to the home to help evict Amir, whose parents were attempting to sell the house against their son's wishes. The son had even vandalized the house, according to police.

A neighbor who lived across the street from the Issas for 15 years said Shehada Issa complained to him about what he described as his son's problems with drugs and mental illness.

"He was a good guy. The son was a bad guy," Joel Munoz said. "I'm so sorry for the old man."

Those problems were evident, among other places, on Amir Issa's Facebook page.

In his last post, 10 days before his death, he said he worried that his parents, brother and sister were "literally controlling me in my sleep" and that "they tell people to rape and molest me and make it seem like I enjoy that."

Shehada Issa's arraignment is scheduled for May 17 at the Los Angeles County Superior Court's San Fernando branch. He is being held without bail.

If convicted, he faces the death penalty or life in prison without the possibility of parole.

(source: Los Angeles Times)






USA:

Is the death penalty moral?----In Franklin Lakes, a Jewish look at capital punishment


There are some hot-button issues that can destroy friendships - abortion, gun control, immigration, to name just a toxic few.

There are other issues that are just as important, just as emotional, and that seesaw just as precariously on the knife edge dividing justice and mercy, but for some reason allow people to discuss and disagree without thinking that people on the other side are inhuman brutes.

For some hard-to-pinpoint reason, the death penalty seems to be in that 2nd category. Reasonable people can disagree civilly - and in fact reasonable people at times break with the consistency of their own political positions as they take their own stands.

On May 9, Rabbi Joseph Prouser's Moral Literacy series will tackle the question of the death penalty, asking such questions as who is bad enough to deserve it, who is good enough to impose it, and what does Jewish law and tradition say about it.

Rabbi Prouser, who heads the Conservative Temple Emanuel of North Jersey in Franklin Lakes, is a registered Republican and describes himself as "pretty conservative. But I really break with conservative thinking on this issue. I am absolutely opposed to capital punishment."

It is not a live issue in New Jersey, he conceded. Capital punishment has not been legal here on the state level since 2007, although it still is possible in federal cases. No one has been executed in New Jersey since 1963. But it is both legal and not infrequent in other parts of the country.

And, of course, "this debate is an area that shows that Jewish tradition has an important voice to contribute to the moral discussion," he said. "Jewish tradition has evolved in a way that should be heard by everyone. We have an important perspective to share with other Americans in this debate, but it's not being heard, because Jews instinctively keep these debates internal, so it becomes just a Jewish debate.

"We are reluctant to have a public voice on the big questions, although we have well developed and evolved things to say. Our voice generally isn't heard by the American public because we don't raise it. Jewish morality has been an internal Jewish issue, and we haven't felt authorized to impose our perspective on the broader public."

His own view, which "I have held my entire adult life, has been shaped by Jewish sacred texts and Jewish tradition," he said. "The Torah certainly prescribes capital punishment for all sorts of things, from Sabbath violations to high crimes, but the rabbis so dramatically limited our ability to impose capital punishment that they rendered it virtually nonexistent." Citing the talmudic idea that a Sanhedrin - the Jewish court of that period - that oversaw one execution in 7 years (or others say, in 70 years) was a "bloody Sanhedrin," "the rabbis understood that the kind of perfect moral perspective that is required to take human life is not accessible to us," Rabbi Prouser said. "It is ideologically presumptuous to take human life when there are other options available. Doing so in the heat of combat is different, and even targeted assassinations of people plotting a terrorist attack is different, but when you have someone who already is imprisoned, you have options. There is no immediate compelling moral need to take their lives."

Then, he added, there always is the chance that when you sentence someone to death, you'll get it wrong. "Israel has sentenced two criminals to death," he said. One was Adolf Eichmann, the absolutely and horrifically guilty Nazi mass murderer whom Israel tried and executed in 1962. The other was John Demjanjuk, nicknamed Ivan the Terrible, who was convicted of being a Nazi guard and mass murderer at Treblinka. But the Israeli Supreme Court overturned the lower court's verdict, saying that there wasn't enough evidence proving Demjanjuk was Ivan. He was released. "So even Israel got it wrong 50 % of the time," Rabbi Prouser said. "And I'm not sure that Texas" - which executes more prisoners than any other state - "uses the same methods in correcting misguided decisions.

"I say this while acknowledging that some crimes are terrible, and I have no problem with locking people away for life. I'm not sure that's more merciful than capital punishment. I just think it's more defensible because it's reversible. It's an expression of theological humility. We can't be sure we're right."

Rabbi Prouser's panel is still being formed, but the three speakers he's gathered so far have interesting takes on the subject.

Rabbi Jeremy Kalmanofsky of Congregation Ansche Chesed on Manhattan's Upper West Side is a member of the Conservative movement???s Committee on Jewish Law and Standards. In 2013, he wrote a teshuva - a response to a question about halacha, or Jewish law - on capital punishment. The question was about whether it is halachically acceptable for a Jew to participate in the American legal system in a capital case, whether as a prosecutor, a judge, a juror, or a witness.

The short answer is yes.

Although "the United States is the only country in the world with a significant Jewish population that has the death penalty" - leaving aside Israel's special circumstances - "the question is not if we???d prefer that it not be there, but if the policies are so bad that you have to resist them and refuse to cooperate."

Because of the directive that unless there is a compelling reason to disagree with it, "dina d'malkhuta dina" - the law of the land is the law of the land, and because "every state has to create order, and that always involved criminal justice, there is no prima facie reason to refuse to participate in this.

"This is a contested question, and in democracies the people get to decide contested questions," Rabbi Kalmanofsky said. "It's a bad policy, and they should change it, and there are all sorts of reasons why it should be changed - not the least of them is the not inconsiderable number of false convictions - but it would not be correct to say that the canons of Jewish law mandate not cooperating with the state on it."

Rabbi Simon Rosenbach, who heads Congregation Ahavas Sholom in Newark, also is a lawyer and a former assistant prosecutor in Middlesex County.

New Jersey's death penalty was struck down in 1972 and revived in 1982, the result of political machinations (and the source of many good stories best told elsewhere).

In 1982, Rabbi Rosenbach, who was (and is) against the death penalty, found himself arguing for it in court, in charge of death penalty litigation, motions, and appeals. "This was a new adventure," he said. "The defense attorneys made every challenge that had already been rejected in the U.S. Supreme Court because maybe it would be accepted by New Jersey courts."

There was "a very narrowing set of factual surrounding circumstances" that kept all but the most egregious criminals from being eligible for the death penalty, Rabbi Rosenbach said. "If you killed a law enforcement officer, or if you kill for hire, or if you hire someone as a killer. If you killed someone in a barroom brawl, you probably weren't getting the death penalty, but if you hired someone to kill your wife, or if you were the hired killer, you would be eligible."

Next, in the penalty phase, aggravating factors would have to outweigh mitigating factors for capital punishment to be imposed. And of course all this took time. By 2007, when capital punishment again was stopped, no one had been executed in New Jersey. (Or at least "not by the criminal justice system," Rabbi Rosenbach said. "Maybe by fellow inmates in jail.")

Although Rabbi Rosenbach was opposed to the death penalty, "I thought it was not something that reasonable minds could not differ about. It is an individual person's moral judgment, but it doesn't mean that society as a whole is morally bankrupt for executing it."

Like Rabbi Prouser and Rabbi Kalmanofsky, Rabbi Rosenbach talked about the real possibility of mistakes, and the irrevocability of the punishment. Although it wasn't true in New Jersey, where a full web of safeguards were in place, that's not so true in other parts of the country, where many people are executed, some of them wrongly. "A lot of institutions, like the Innocence Project, show us that we make mistakes a whole lot of times," he said.

Moreover, "it's against Jewish law to commit suicide, even in the case of terminal illness, because it's not your body. You might inhabit the body, but it's not yours. It's God's. So who are we to execute someone? It's not his body. It's God's."

Plus, he said, it is expensive to prosecute capital cases. On the other hand, "It's crass and immoral" to argue that we should execute people because it's cheaper than keeping them alive, he said.

David Feldman, an Essex County assistant prosecutor, defines himself as Rabbi Prouser's mirror image. "I tend to be pretty liberal on most issues," he said. "But having spent as much time in the court system as I have, I know that there are some people who are not redeemable, and some acts that are so heinous, that to me there is a place for capital punishment.

"Everyone has to come to terms with their own moral compass," he added.

Yes, mistakes happen, he said, but despite what we hear, they are rare. The thought of "putting an innocent person in jail keeps me up at night.

"The second I get wind that I might have the wrong person, I do everything possible, I explore every avenue, to find out the truth."

That's a position that the prosecutors he knows share, he added. "Our motto is to do justice. To seek justice. It is not to get convictions. It is to protect the community. We have to get both those things right.

"And if we convict someone who did not do the offense, we are not getting the person who did do it." These, he said, are strong safeguards against mistakes, although, he added, he knows that some mistakes are inevitable, and that is a terrible truth. "There is nothing you can say to a person who has lost someone wrongly to the death penalty," he added.

"I am sure that there are people who would find my position morally repugnant," Mr. Feldman said. "It is a deeply personal, deeply emotional topic, and there is no one right answer to it."

(source: New Jersey Jewish Standard)

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