Month: March 2012

Prison Diares – Confessions from death row


very interesting video

http://youtu.be/sYS_T72DhIs

Determinate Sentences for IPP Prisoners


IPP is inhumane, against human rights and breaches Human Rights Act 1998 Article 3 Prohibition of Torture – No one shall be subjected to torture or to inhuman or degrading treatment or punishment
IPP stands for Indeterminate sentence for Public Protection – What this actually means is if you were to go to court and receive a 2 year sentence, 3 years, 4 years, etc….. with IPP you could be imprisoned for up to 99 years.At the moment it is still up to the prisoner to prove that they are safe for release which is what makes it impossible as you cannot prove you are safe to release as you are in prison.It is then up to a parole board to decide if they feel you are ready to be released back in to society, so prisoners and their families do not know IF or WHEN they will EVER be released, this in itself is mental TORTURE, DEGRADING & INHUMANE.There are currently over 3,200 prisoners that are over their tariff which is costing £41,000 each year for each prisoner to remain in prison.
Plz sign and share when possible

CALIFORNIA – Supreme Court Denies Death Row Inmate’s Request for New Attorneys


Kenneth Clair

March 5, 2012

The Supreme Court ruled Monday that a California death row inmate cannot have his conviction overturned because he disagreed with the defense strategy his attorneys used.

The case appears to limit the control of defendants over their attorneys’ tactics.

The defendant was Kenneth Clair, who was convicted and sentenced to death in 1987 for burglary and murder.

He was represented by court-appointed attorneys because Clair could not afford to hire his own.

After Clair was convicted, his attorneys filed appeals and petitions of habeas corpus arguing their client should not be sentenced to death.

Clair said they should have been trying to appeal his conviction by arguing he was innocent of burglary and murder.

In 2005, he filed a petition to change federal public defenders.

A federal judge denied his request. However, the 9th U.S. Circuit Court of Appeals overturned the lower court judge’s decision.

The U.S. Supreme Court decided unanimously that the Court of Appeals was incorrect.

Justice Elena Kagan, who wrote the court’s decision, said Clair waited too long to change attorneys. The judge in his case was two weeks away from ruling on his habeas corpus petition.

Habeas corpus refers to a request for a ruling that a defendant has been wrongfully convicted.

Kagan said Clair’s petition for new attorneys should be decided under the “interests of justice” standard.

The standard uses a test that balances factors such as whether defendants might lose their liberty, livelihoods, suffer damage to their reputations and a substantial question of law is presented.

Attorneys for California said a different standard should be used. They said Clair could be granted new attorneys only if he proved he was denied adequate representation by his court-appointed attorneys.

Kagan said California’s argument was unpersuasive.

“The state acknowledges, this test comes from … well, from nowhere,” Kagan wrote. “Inventiveness is often an admirable quality, but here we think the state overdoes it.”

The dispute arose after Clair complained in a letter to the court that his attorneys were ignoring evidence found by his prosecutor that might show he was innocent.

They should have been using the evidence to appeal his conviction, he said.

Instead, they continued arguing he should not be given the death penalty.

Initially, Clair and his attorneys reached an agreement and the defendant dropped his complaint. Later, the same dispute arose, prompting Clair to write a second letter to the court saying he wanted different attorneys.

When the second request was denied, Clair appealed, eventually reaching the Supreme Court.

The court’s decision Monday said Clair waited too long.

“The court received Clair’s second letter while putting the finishing touches on its denial of his habeas petition,” Kagan wrote. “The case was all over but the deciding; counsel, whether old or new, could do nothing more in the trial court proceedings. At that point and in that forum, Clair’s conflict with his lawyers no longer mattered. … The court was not required to appoint a new lawyer just so Clair could file a futile motion.”

Although the California attorney general won on most of his arguments, the Supreme Court’s frustration with the procedures followed in the case was obvious during oral arguments.

California’s deputy attorney general, Ward Campbell, argued that the “interests of justice” standard was the wrong way to determine whether criminal defendants should be granted new attorneys.

The standard made it too easy for defendants to delay proceedings against them by filing a complaint against their attorneys, he said.

Justice Sonia Sotomayor asked whether California’s attorney general was using a different test she described as a “sort of a made-up standard.”

She also asked, “Can you point to one case in which this standard has been used by any district court or court of appeals?”

Campbell replied, “No, I cannot.”

Justice Ruth Bader Ginsburg asked, “Where did you get it from?”

Campbell replied that it was derived from Supreme Court interpretations of the Sixth Amendment’s right to representation by counsel.

source : Article © AHN

OKLAHOMA – Timothy Shaun Stemple – execution march 15 2012 – EXECUTED


case and appeal

official support website

Update : 14 march source : http://www.tulsaworld.com

OKLAHOMA CITY – Gov. Mary Fallin’s office said Tuesday that she does not intend to issue a stay of execution for Tulsa County killer Timothy Shaun Stemple.

Stemple, 46, is set to be executed Thursday for the 1996 killing of his wife, Trisha Stemple, 30.

His family met Tuesday with the Governor’s Office to seek a stay to pursue evidence of his innocence.

They held a news conference with the Oklahoma Coalition to Abolish the Death Penalty to urge a stay.

The Pardon and Parole Board last month voted 4-1 to deny clemency to Stemple.

“We don’t have the power to grant clemency without a recommendation from the (Pardon and Parole) board,” said Alex Weintz, a spokesman for Fallin.

“The governor does have the power to issue a stay, but she does not plan to do that.”

Jenae Matland Smucker, Stemple’s sister, said her brother is innocent. She said her sister-in-law died as a result of a pedestrian-motor-vehicle collision.

“Sean himself has maintained his innocence from time of arrest until today,” Smucker said.

Stemple was sentenced to death in 1997 for beating Trisha Stemple and running over her with a pickup so he could collect $950,000 in life insurance.

Attorney General Scott Pruitt’s office pointed out that a jury found Stemple guilty 14 years ago and that his appeals have been denied by the courts and the Pardon and Parole Board.

“The evidence in this case is strong and showed beyond a reasonable doubt that Stemple committed this murder,” Pruitt spokeswoman Diane Clay said. “It would be a travesty of justice to further delay his punishment.”

Update : 13 march  source : http://www.kfor.com (full article and video)

OKLAHOMA CITY — Timothy Shaun Stemple’s family met at the Capitol on Tuesday hoping to get a last minute stay of execution. In less than 48 hours the State of Oklahoma will execute the 46-year-old man for the brutal murder of his wife back in 1996.

Court documents reveal the victim, Trisha Stemple, had fractured bones all over her body, including her skull, and appeared to have been intentionally run over. 

Led by the Oklahoma Coalition to Abolish the Death Penalty, the Stemple family gathered at the State Capitol pleading for a stay of execution.

The family says there are theories from forensic pathologists who say the death of the victim was by car accident, not from murder. 

The family says that evidence, as well as other items, never made it into court.

“When my sister in law died, my brother didn’t even get to grieve her death. Within a few days, all fingers were pointing to him because he had life insurance and he had an affair,” Janae Smucker said.

She says her brother is no killer.

“There is too much doubt,” Sen. Consatnce Johnson said.

Even those who’ve lost loved ones to murderers stood by the family’s side.

The Pardon and Parole Board voted 4-1 to deny Stemple’s clemency.

All Stemple’s legal appeals have also been denied. 

“We don’t have the power to grant clemency without a recommendation from the (Pardon and Parole) board,” Alex Weintz said, Gov. Fallin’s spokesman. “The governor does have the power to issue a stay but she does not plan to do that.”

Stemple is scheduled for execution by lethal injection Thursday at 6 p.m. 

The Oklahoma Coalition to Abolish the Death Penalty says the state has released 10 people from death row who were wrongfully convicted.

                 ————————————————————————————————————————-

Update : 13 march. source http://www.ardmoreite.com

Oklahoma City

The Oklahoma Coalition to Abolish the Death Penalty is asking Governor Mary Fallin for a Stay of Execution for Timothy Shaun Stemple so the family can pursue his legal rights in the courts.

OK-CADP representatives and Shaun’s sister, Jenae Mudock Stucker, met with Governor Fallin’s Deputy Counsel Rebecca Frasier today.  Stemple is set to be executed at 6 p.m. Thursday.

Timothy Shaun Stemple was convicted in February 1998 of the 1996 murder of his wife Trisha Stemple.  He was sent to death row and has remained there since then. Shaun and his family have maintained his innocence since he was charged.

“Since our state has released 10 people from death row who were wrongly convicted, we know the possibility of executing an innocent is real. We hope Governor Fallin will not want us to take that risk in the face of so much doubt,” said OK-CADP Co-Chair Lydia Polley.

The family has been pursuing his exoneration since the conviction and has hired forensic experts to provide testimony to counter the state’s evidence that convicted him.

All of Mr. Stemple’s appeals have been denied, and the state Pardon and Parole Board denied clemency at a February hearing.

The family of a death-row inmate who is to be executed next week is asking Gov. Mary Fallin to spare his life.

Timothy Shaun Stemple’s family has hired forensic experts to provide testimony to counter the state’s evidence that convicted him of murdering his wife in 1996.

Shaun Stemple was sentenced to death in 1997 for beating his wife, Trisha Stemple, and running over her with a pickup so he could collect $950,000 in life insurance.

All of Stemple’s appeals have been denied, and the state Pardon and Parole Board did not recommend clemency at a February hearing.

Barring intervention by Gov. Mary Fallin, Stemple, 46, will be executed March 15 at the Oklahoma State Penitentiary in McAlester.

On Thursday, Stemple’s family spoke at the law offices of Brewster & De Angelis about why they believe that he is innocent.

Janae Matland Smucker said her family believes that the evidence shows that Trisha Stemple died from an auto-pedestrian collision, not from “blunt force trauma to the head,” as a state medical examiner testified during Shaun Stemple’s trial.

Andre Stuart of 21st Century Forensic Animations was hired by Stemple’s family to reconstruct the accident scene using animation technology.

He said his models show that there is “no basis” for evidence that Trisha Stemple died because of multiple hits from a baseball bat instead of being run over by a pickup.

The animation and other testimony and documents can be viewed online at tulsaworld.com/freeshaun, a website the family has set up to garner support for Shaun Stemple.

According to court testimony, Shaun Stemple hired a teenage accomplice, Terry Hunt, to wait in the woods by the highway.

Stemple then reportedly feigned car trouble so he could stop at a preselected spot nearby. He and Hunt took turns beating Trisha Stemple with a cellophane-wrapped baseball bat and ran over her body with a pickup, prosecutors said.

Trisha Stemple’s skull, neck bone and pelvis were crushed, and 17 ribs were broken. Her body was found alongside the highway after Shaun Stemple reported her missing.

Her death originally was investigated as a hit-and-run auto-pedestrian collision, but investigators reportedly suspected foul play as they examined the evidence.

Hunt, the cousin of Shaun Stemple’s then-girlfriend, testified for the prosecution and is serving a life sentence for first-degree murder.

“All of the state’s witnesses against my brother had perjured themselves” during the trial, Smucker said.

But court records show that the judge who presided over the case noted that despite discrepancies in Hunt’s earlier testimony, he “consistently reported and testified that Stemple approached him about helping kill Trisha Stemple in exchange for $25,000 to $50,000,” among other details.

At his clemency hearing last month, Shaun Stemple spoke briefly and refused to answer questions from board members.

source : Tulsa world

CLEMENCY SCHEDULE

Meeting Notice Confirmation (Click Here)

Name: Date: Time: Location: City, State: DOC #
Timothy Shaun Stemple 02/24/2012 09:00am Hillside Community Corrections Center3300 Martin Luther King Ave. Oklahoma City, OK 261686

You may view and print the web postings of your body’s meeting notices by visiting our website at: your meetings page.

For more information contact:

Tracy George, General Counsel–(405) 602-5863

Supreme court of United states

No. 11-7143      *** CAPITAL CASE ***
Title:
Timothy Shaun Stemple, Petitioner
v.
Randall G. Workman, Warden
Docketed: November 1, 2011
Linked with 11A222
Lower Ct: United States Court of Appeals for the Tenth Circuit
  Case Nos.: (09-5097)
  Decision Date: April 4, 2011
  Rehearing Denied: May 31, 2011
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Aug 19 2011 Application (11A222) to extend the time to file a petition for a writ of certiorari from August 29, 2011 to October 28, 2011, submitted to Justice Sotomayor.
Aug 23 2011 Application (11A222) granted by Justice Sotomayor extending the time to file until October 28, 2011.
Oct 28 2011 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2011)
Nov 30 2011 Brief of respondent Randall G. Workman, Warden in opposition filed.
Dec 15 2011 DISTRIBUTED for Conference of January 6, 2012.
Jan 9 2012 Petition DENIED.

Books part. 2 : Death row’s memoir and experiences


Truth Be Told: Life Lessons From Death Row

Features correspondence between Agnes Vadas and Richard Nields, who is on death row in Ohio. The book contains letters exchanged between the two over six years. They discuss a wide range of topics, including life on death row, how they have coped with challenges in life, and the lessons they have learned from hardship. Agnes Vadas is a musician and human rights activist from Washington. (AuthorHouse, 2005).


Waiting to Die: Life on Death Row by Richard M. Rossi

Provides a first-hand account of his daily life on Arizona’s death row. Rossi was sentenced to death in 1983 and has taken responsibility for the murder he committed. He was originally offered a plea bargain with a life sentence, but he decided to go to trial. He has been on death row for 20 years. In his book, Rossi details how prisoners survive on death row, the conditions under which they live, and the psychological toll that living under a sentence of death takes on prisoners. He also provides a straightforward account of prison policies regulating all aspects of daily life. (Vision Paperbacks, 2004)


Bloodsworth: The True Story of the First Death Row Inmate Exonerated by DNA by Tim Junkin

Junkin recounts the events that led first to the conviction and death sentence, and then to the freeing of Kirk Bloodsworth for the murder of a nine-year-old girl in Maryland. Sister Helen Prejean, author of Dead Man Walking describes the book as “Chilling, heartbreaking, and ultimately inspiring.” Scott Turow says: “Bloodsworth is a tale of courage and determination in the face of the law’s worst nightmare–the execution of an innocent man.” Senator Patrick Leahy calls Bloodsworth “a powerful indictment of the a death penalty system that is fundamentally broken.” (Algonquin Books, 2004).


Still Surviving by Nanon Williams

In his book Still Surviving, Nanon Williams , who was 17 at the time of the crime that placed him on death row, provides a first hand account of living under a sentence of death in Texas. The book details Williams’s journey from teenage boy to adulthood while living in the shadow of the nation’s busiest execution chamber. His text introduces readers to the experiences of solitary confinement and having friends executed, as well as to maintaining relationships with those on the other side of the prison gate. (Breakout Publishing Co., 2003)- Case Profile

Killing TimeKilling Time: An Investigation into the Death Row Case of Mumia Abu-Jamal by Dave Lindorff

Killing Time: An Investigation into the Death Row Case of Mumia Abu-Jamalauthored by Dave Lindorff, examines Abu-Jamal’s capital conviction. It also includes an opening insert about his Batson claim that black jurors were purposefully excluded from the jury that sent him to death row. (Common Courage Press, 2003)


Life on Death Row by Robert W. Murray

A first-person account of living under a death sentence in Arizona, the book explores how inmates cope with execution warrants, lethal injection, prison politics, and day-to-day life in a supermax prison facility

.

Poetic Justice: Reflections on the Big House, the Death House and the American Way of Justice by Professor Robert Johnson

Johnson’s first collection of poems about prison and capital punishment, exploring the day-to-day life of prisoners and examines the emotional impact of serving time on death row. Johnson, a professor of justice, law and society at American University, is an award-winning author of several social science books on crime and punishment and has won the Outstanding Book Award from the Academy of Criminal Justice Sciences. (Northwoods Press, 2003)

Kiss of Death: America’s Love Affair with the Death Penalty by John Bessler

Attorney John Bessler presents arguments against capital punishment based on his work as a pro bono attorney for death row inmates in Texas. Woven into Bessler’s personal account is an examination of U.S. capital punishment practices in contrast to the absence of the death penalty in other nations. The book also addresses the toll executions take on those who participate in the process. (Northeastern University Press, 2003)

The Execution of a Serial Killer: One Man’s Experience Witnessing the Death Penalty by Dr. Joseph Diaz, Ph.D.

The Execution of a Serial Killer: One Man’s Experience Witnessing the Death Penalty  details the experiences of author Dr. Joseph Diaz, Ph.D., a criminologist who witnessed the execution of Florida death row inmate Edward Castro in December, 2000. In the book, Diaz explores not only Castro’s criminality, but also Diaz’s own reservations about executions. The book challenges readers to ask themselves if they, too, could witness an execution. (Poncha Press, 2002)

Within These Walls: Memoirs of a Death House Chaplain by Rev. Carroll Pickett

Pickett recalls his 15 years as chaplain to death row inmates in Huntsville, Texas, and provides an account of ministering to 95 men in their final hours before execution. Rev. Pickett examines the death penalty based on his professional and personal experiences in Texas. “Like so many Texans, I was raised in an atmosphere that insisted the only real justice was that which claimed an eye for an eye. I was wrong,” he said. “As I participated in the endless process that would earn my state infamous recognition for its death penalty stance, I found myself wondering just what we were accomplishing.” (St. Martin’s Press, 2002)

A Life in the Balance: The Billy Wayne Sinclair Story by Jodie and Billy Wayne Sinclair

A powerful, graphic and disturbing prison memoir from a former death row inmate who has spent 35 years in Louisiana’s prison system. This book exposes the arbitrariness and violence of extreme punishment, and yet also tells the story of a person’s ability to change. (Arcade Publishing 2001)

A Dream of the Tattered Man: Stories From Georgia’s Death Row by Randolph Loney

In this book, Loney writes about the impact that his 15 years as pastor, family liaison and witness to the executions of the condemned men on Georgia’s death row has had on him. In each of the chapters, Loney reveals the lessons he has learned from these men and expresses his refusal to dismiss them as people beyond redemption. (William B. Eerdmans Publishing, 2001)

Condemned: Inside the Sing Sing Death House by Scott Christianson

Based on archival materials from New York’s legendary prison, includes photos of inmates and documents of their last months at Sing Sing’s death house. Anthony Amsterdam, Professor of Law at New York University School of Law, calls the book “A haunting experience. Combining the clinical virtuosity of an exhumation with the fascination of an archeological dig, it delivers a powerful intellectual message about the death penalty.” (News Release, 12/20/99) (New York University Press, 2000)

Finding Life on Death Row: Profiles of Six Inmates by Katya Lezin

A new book offers profiles of six convicted murders, two of whom have been executed. The profiles provide insight into the lives, crimes, and families of six men and women on death row. Lezin shows how an array of factors can lead people to commit capital crimes and how their poor treatment within our justice system leads them to death row. The cases profiled reveal how the inherently flawed death penalty is most often imposed not on the worst criminals, but on those who are most vulnerable and least able to defend themselves in our criminal justice system. (Northeastern University Press, 1999)

Death Work: A Study of the Modern Execution Process by Prof. Robert Johnson

This superb book takes the reader inside the execution process and accurately conveys the significance of state killing. The chapters on the history of the death penalty are among the most-detailed sources available and help crystallize the motivations behind the use of the death penalty.  American University, (2d edition)

Live From Death Row by Mumia Abu Jamal

Plough Publishing



TEXAS – Appeal of Death Row Case Is More Than a Matter of Guilt or Innocence


No one saw Rob Will shoot and kill Harris County Deputy Sheriff Barrett Hill in the still-black morning hours in a Houston bayou on Dec. 4, 2000. No physical evidence linked him to the murder.

http://www.freerobwill.org/

Mr. Will, now on death row, said that he is innocent, but that he has been represented by ineffective lawyers. He has a new lawyer who faces the daunting challenge of representing Mr. Will at this late stage in his appeals.

Witnesses have testified that another man confessed to Deputy Hill’s murder. But in a January ruling, Judge Keith Ellison of United States District Court lamented that even though he was concerned Mr. Will could be innocent, he had to deny his motion for a new trial.

“The questions raised during post-judgment factual development about Will’s actual innocence create disturbing uncertainties,” he wrote. “Federal law does not recognize actual innocence as a mechanism to overturn an otherwise valid conviction.”

Mr. Will’s best chance for a new trial may lie with an Arizona case that the United States Supreme Court is soon expected to rule on. States across the country are anxiously awaiting the ruling, which could establish that defendants have a constitutional right to adequate appellate lawyers. For some states, that could require major spending on court-appointed lawyers for thousands of convicts.

full article

source : New York times.march 10,2012

Texas Tribune

Death Row Movies


  1. “The Green Mile” 1999. This is a fine movie about a prison guard and an inmate with the gift to heal. A friendship seems to brew between the two as death lingers over head. Tom Hanks plays an exceptional role as the prison guard in this classic movie.
  2. “Dead Man Walking” 1999. Based on a true story of a nun who becomes a spiritual advisor to death row. Never wavering from her Christian beliefs, she struggles to console those who have killed and one in particular who shows no remorse or regret for what he has done.
  3. “Identity” 2003. A movie about a wrongly accused killer on death row. While others struggle to clear his name he has come to grips with his destiny. Will the phone ring at the last minute to save the innocent?  
  4. “Monster’s Ball” 2001. Being in the family business isn’t Ledger’s cup of tea. After witnessing an execution he looses his lunch and his father looses his mind. Sent away to reexamine his life, ledger falls for Leticia (the wife of the one whose execution he witnessed).
  5. “Black Angel” 1946. is a dark noir film very cleverly scripted. Just another innocent man on death row and the race to clear his name. This is still a wonderful and well directed dark film that even today it is one to review.
  6. “The Thin Blue Line” 1998. A true docudrama about an innocent man on death row for the killing o Dallas policemen. A riveting story about the hardship and pain one man would go through for the sake of proving another’s innocence.
  7. “Dead Man Out” 1989. What would happen if a convicted killer were to go insane while on death row. That is exactly the question this movie asks and sets out to answer it. This is a riveting and entertaining movie.
  8. “Live! From Death Row” 1992. Yes, you read it right. This is a tabloid based movie about a live interview of a killer before his execution. Things don’t always go as planned however, even in television.
  9. “Angels with Dirty Faces” 1938. Chronicles the lives of two friends, one chose the priesthood and the other a life of crime. One is set to pay for his crimes while the other the last rites.
  10. “Beyond the Call” 1996. This movie centers on a housewife who finds herself in the midst of an inmate on death row. She feels compelled to help him based on his haunted past. This is a movie about the Vietnam era veterans and post traumatic syndrome.

MISSISSIPPI – Larry Matthew Puckett, march 20, 2012 – EXECUTED


The FACTS from court documents.

LARRY MATTHEW PUCKETT v STATE OF MISSISSIPPI

On October 14, 1995, shortly before 5:00 p.m., Mrs. Rhonda Hatten Griffis, age 28, was found lying in a large pool of blood next to the couch in the living room of her home on 198Sunrise Road, Petal, Mississippi. Mrs. Griffis was found wearing a t-shirt, and the only clothing on the lower part of her body was around her left foot. She had several gashes on the back of her head. There were other injuries to Mrs. Griffis’ head, back, and chest, including a deep laceration and three to four hesitation marks to the neck. She was also bleeding from her vagina. She had several defensive wounds on her hands, arms, and elbows. Mrs. Griffis died as a result of the injuries; the cause of death was cranial cerebral trauma, secondary to blunt force trauma. A wooden stick or club covered with blood was recovered outside the residence.

Rhonda’s mother, Nancy Hatten, lived next door, roughly 150-175 feet from the Griffis’ trailer. On the day of the murder, Mrs. Hatten helped Rhonda’s boys, Justin, age 7, and Jeffrey, age 5, put up Halloween decorations in the yard. Rhonda was not feeling well that day, suffering from a headache and bad sinus problems. Later that afternoon, Mrs. Hattenwas in her front yard when she heard a “scream and a thud” come from the Griffis’ trailer. Mrs. Hatten then ran home and telephoned the trailer. The phone rang four or five times, but there was no answer. Mrs. Hatten hung up and dialed again, but there was still no answer. She then immediately went to the trailer.

As Mrs. Hatten neared the trailer, she saw David Griffis, Rhonda’s husband, and their two boys driving up to the trailer. David had been hauling pine straw all day and was returning with his last load. A blue truck was parked in the vacant lot beside the residence. Nancy entered the trailer door at the kitchen/dining room area and called for Rhonda but there was no answer. Puckett came from the hallway into the kitchen/dining area and raised a club back and started towards Nancy. As Nancy backed away from Puckett, Jeffrey entered the house followed closely by David. Justin was still outside. Nancy then took the children, ran to her house, locked the boys in the bathroom, and called 911. This 911 call was received by the 911 system at 5:01:15 p.m. and answered by the 911 operator at 5:01:20 p.m. At 5:01:41 p.m., Nancy was placed on hold, as 911 received a call from the Griffis’ trailer. Mrs. Hatten identified State’s Exhibit Number 3 as the club that Puckett had in his hand in the trailer.by  The Griffis family knew Puckett because he was once employed  While Puckett was employed by David, the employees would gather at the Griffis’ house before leaving for work.

Jeffrey Griffis testified that when he entered the home, he saw Puckett with a club in his hand and holding on to Mrs. Hatten’s shirt. David Griffis testified that when he entered the home, he saw Mrs. Hatten with Puckett standing in front of her with the club in his hand raised over his head. David indicated that Puckett was wearing army-type coveralls. The club had blood and a white substance on it. David asked Puckett what he was doing in his house and Puckett said he had hit a deer on the road and came to get David’s help and to 4 use the telephone. David called out for Rhonda but no one answered. However, Puckett told David that Rhonda was down at her mother’s house. David asked Puckett about the blood on the club and Puckett indicated that it was blood from the deer. David then dialed 911 from a portable phone that was laying on the counter beside him. This 911 call was received by the 911 system at 5:01:27 p.m. and answered by the 911 operator at 5:01:41 p.m. This (David’s) call was terminated at 5:04:42 p.m. At some point, David and Puckett struggled and David got the club from Puckett. David tried to keep Puckett in the trailer until the police arrived. However, Puckett took off running towards the door. As Puckett was running for the door, David swung the club and hit Puckett on the shoulder. Then, as Puckett ran out the door, David threw the club at him. Dr. Michael West testified at trial that the club, State’s Exhibit 3, was consistent with the wound pattern found on Puckett’s back.

Once Puckett exited the trailer, David entered the living room and reached for his pistol that was usually on a gun cabinet just to the left of the living room door. However, the pistol was not there. David did not see Rhonda’s body lying in the living room at this time. David then ran into the bedroom to retrieve a rifle from the bedroom closet. The bedroomdoor is straight ahead as you turn towards the cabinet. As David exited the bedroom and re-entered the living room, he then saw Rhonda laying on the floor. He saw that Rhonda was injured and dialed 911 again to inform the police. David’s second 911 call wasreceived by the 911 system at 5:05:01 p.m. and was answered by the 911 operator at 5:05:07 p.m. This call was terminated at 5:11:45 p.m. The time between the end of David’s first 911 call and the beginning of his second 911 call was 18 seconds. Sheriff’s deputies and paramedics arrived within minutes.

Before David fired Puckett, David considered him to be a decent employee and even wrote a letter of recommendation for Puckett to become an Eagle Scout. Another former employer of Puckett’s, Ray Watkins, testified that shortly before Rhonda’s murder, a maul handle was broken at his work site. Watkins had the maul handle for several years,between seven (7) and ten (10) years, and believed the maul handle to be State’s Exhibit No. 3. Watkins also testified that he had seen the handle in Puckett’s truck on several occasions.

Puckett was seen around 3:30 p.m. the afternoon of the murder at the same house from which David Griffis was collecting pine straw. Puckett’s blue 4-wheel drive truck was alsoseen passing the Griffis’ residence at approximately 4:41 p.m.

Puckett’s truck was recovered the next night in a wooded area in Perry County. On October 16, 1995, Puckett was apprehended near his mother’s home in Perry County. At the time of his arrest, Puckett nervously commented to his mother that “[t]his is a lot of law enforcement for somebody who just committed a burglary.” A duffle bag containing various items including a pair of coveralls was recovered from Puckett at the time of his arrest.

5.Puckett did not deny being in the trailer at the time of the murder, but testified that he witnessed David Griffis murder his wife. He indicated that he had originally planned only to burglarize the house in order to find money to pay his truck note. He stated that the idea to burglarize the house just popped into his head at the time he went by the Griffis’ house. Puckett testified that he parked his truck in a vacant lot beside the Griffis’ trailer and put his coveralls on. Puckett saw Rhonda’s car at the trailer, but proceeded to the door anyway and knocked. Puckett said that Rhonda let him in and they began to talk. Puckett said that he saw the stick (State’s Exhibit No. 3) lying on the living room floor. He stated that he and Rhonda began kissing and he then began acting out his sexual fantasy of undressing a woman while he remained fully clothed. He said that Rhonda then saw her mother approaching the trailer, grabbed her clothes and ran into the bedroom, and told Puckett to get rid of her mother. Puckett said heran into the dining room area and had picked up the stick and decided to scare Mrs. Hatten away with the club. Puckett further stated that after Mrs. Hatten fled with the children, David accused Rhonda of sleeping with Puckett and began hitting her with the stick that David took from Puckett. After beating his wife, David struggled to keep Puckett in the trailer, but Puckett was able to escape while David was calling 911. At trial, Puckett indicated the whole incident took four or five minutes. Puckett said he hid in the woods for two days because he was afraid of David.

Update : march 20, source :http://www.wlbt.com

Advocacy group calls for clemency in Puckett execution

watch the video click  here

Update : march 19,2012 sourcehttp://www.wtok.com

Group Protests Executions
Jackson, Miss.
A group that opposes the death penalty protested two executions scheduled in Mississippi this week.

Thousands of people have signed an online petition seeking to block the execution of death row inmate, Larry Matthew Puckett.

He is scheduled to die by lethal injection Tuesday at 6 p.m.

Puckett was convicted of sexually assaulting and killing his former boss’ wife when he was 18 years old.

His lawyers petitioned the U.S. Supreme Court last week to block the execution.

A group opposed to capital punishment spoke out Monday at the state capitol.

Mississippians Educating for Smart Justice want Gov. Phil Bryant to grant clemency to Puckett, as well as condemned killer, William Mitchell, who is also scheduled for execution this week.

“Neither of these men, William Mitchell or Matt Puckett, have had a fair trial,” said attorney Jim Craig. “Neither of them have had a real appeal. It’s time to quit hiding behind this fraud and accept the fact that our system is deeply flawed. And these two cases prove it.”

As of Monday, there were nearly 4500 electronic signatures on a petition called ‘Save Matt Puckett: stop an innocent man from being executed.’

Update : march, 15, 2012 source  : http://www.sunherald.com

JACKSON — A Mississippi prison inmate has asked the U.S. Supreme Court to block his execution Tuesday based on the argument that his lawyers didn’t do a good job and prosecutors discriminated against blacks during jury selection.

Larry Matthew Puckett is scheduled to receive a lethal injection for the 1995 sexual assault and beating death of Rhonda Hatten Griffis of Forrest County. His lawyers filed the request Wednesday to block the execution.

March, 16,2012 : Jamie Arpin-Ricci  Author & pastor, Little Flowers Community talks about matthew’s innocence

[…]In less than a week another friend of mine, Matt, is going to be dead — killed as surely and finally as the other two. I will not see his death, but because the setting of his death is determined (and by some, celebrated) I am already haunted by the images of him dying. It has not happened yet, but I feel as powerless to prevent his death as I am with the others.

You see, my friend Matthew Puckett is being executed by the state of Mississippi on Tuesday, March 20. Matthew has been tried and convicted of a brutal murder. Doubtless there are those who believe that deserves this end and will take great joy when his sentence is carried out. I am not one of those people.

While I know many of my fellow Christians do not agree with me on this point, my faith makes it impossible to condone capital punishment. I will not attempt to argue that position here, for there isn’t the space nor is it the primary point. Whether you believe in the death penalty or not, what I hope we can agree on is that, should we use this form of punishment, we had better be damn sure there is no question of their guilt. As I look at Matt’s case, there are simply far too many uncertainties to make such a sentence acceptable.

I believe that Matthew Puckett is innocent. For those not convinced, I hope that you will examine his case and recognize that he was not given the kind of justice our society boasts as being the right of every person. Given that reality, I ask that you consider signing this petition to save Matt’s life and/or contacting Mississippi’s governor, Phil Bryant, and ask for a stay. Allow Matt at least the chance to live his life, even if behind bars.

read full article

Supreme Court of United States

No. 11-6550      *** CAPITAL CASE ***
Title:
Larry Matthew Puckett, Petitioner
v.
Christopher B. Epps, Commissioner, Mississippi Department of Corrections
Docketed: September 26, 2011
Lower Ct: United States Court of Appeals for the Fifth Circuit
  Case Nos.: (09-70032)
  Decision Date: May 19, 2011
  Rehearing Denied: June 22, 2011
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Sep 19 2011 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2011)
Nov 2 2011 Order extending time to file response to petition to and including November 28, 2011.
Nov 28 2011 Order further extending time to file response to petition to and including December 1, 2011.
Dec 8 2011 Brief of respondent Christopher B. Epps, Commissioner, Mississippi Department of Corrections in opposition filed.
Dec 9 2011 Order extending time to file response to petition to and including December 8, 2011.
Dec 14 2011 Reply of petitioner Larry Matthew Puckett filed.
Dec 22 2011 DISTRIBUTED for Conference of January 13, 2012.
Jan 4 2012 Record Requested .
Jan 13 2012 Record received from the U. S. Court of Appeals for the Fifth Circuit (one envelope).
Jan 23 2012 Record received from United States District Court Southern District of Mississippi (two boxes).
Jan 26 2012 DISTRIBUTED for Conference of February 17, 2012.
Feb 21 2012 Petition DENIED.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Keir Michael Weyble Cornell Law School (607) 255-3805
    Counsel of Record 103 Myron Taylor Hall
Ithaca, NY  14853
Party name: Larry Matthew Puckett
Sheryl Bey 4268 I-55 North (601) 351-2400
Meadowbrook Office Park (39211)
P. O. Box 14167
Jackson, MS  39236
Party name: Larry Matthew Puckett
Attorneys for Respondent:
Marvin L. White Jr. Assistant Attorney General (601) 359-3680
    Counsel of Record 450 High Street
P.O. Box 220
Jackson, MS  39205
Party name: Christopher B. Epps, Commissioner, Mississippi Department of Corrections

Supreme Court, state case 

On November 5, 2009, Puckett filed an appeal with the Fifth Circuit over the denial of his habeas petition in Federal District Court.

On May 19, 2011, the Fifth Circuit affirmed Puckett’s death sentence.

Petition 

North Carolina’s death penalty debate


Viewpoint: Los Angeles Times

The machinery of death is ripping itself to chunks in North Carolina. Would that this would happen in more places — like, say, California.

Conservatives and prosecutors in the Tarheel State are up in arms over a 2009 law that allows death row inmates to reduce their sentences to life without parole if they can prove racial bias in sentencing or jury selection — even if the bias wasn’t directed at them but at others. In other words, if convicts can show a statistical pattern of racial bias statewide, they can use it as evidence that their own trial may have been skewed. And they don’t have to be minorities to appeal; a white inmate who can show excessive dismissal of black potential jurors might be able to dodge the executioner.

Opponents of the law are calling it a backdoor way to end the death penalty, and they’re probably not wrong. That’s because it’s not going to be very hard for inmates to demonstrate racial bias. A Michigan State University study found that, between 1990 and 2010, North Carolina prosecutors dismissed black potential jurors at twice the rate of nonblacks in death penalty cases.

But it’s not an ideal solution. The approach is laden with complications and, moreover, North Carolina has a potential nightmare brewing: Because the sentence of life without parole didn’t exist there before 1994, it’s possible that inmates sentenced before then who successfully overturn their death sentences could be set free.

The better way? Borrow a page from Illinois, New Mexico and other states that have done away with the death penalty and replaced it with life without parole.

Capital punishment imposes ruinous costs on states, it can’t be reversed if an inmate is later exonerated, it’s highly questionable whether it can be carried out in a humane manner, and it protects society from killers no better than putting them away for life. As for the possibility of racial bias in sentencing, there probably isn’t a reliable way to eliminate it. North Carolina is going through the back door when, with more honesty and fewer complications, it could go through the front.