Day: October 22, 2012

MISSING PEOPLE : Autumn Pasquale Missing: 12-Year-Old New Jersey Girl Last Seen Riding Bike Saturday


A 12-year-old girl disappeared on Saturday while riding her bike, and several agencies have been working night and day to find her.

Autumn Pasquale, of Clayton, N.J., was last seen leaving her home on a white Odyssey BMX bike at around 12:30 p.m., the South Jersey Times reports. Her parents, upon realizing she didn’t make it to a friend’s house, reported her missing at about 9:30 p.m.

 

Autumn Pasquale Missing

She’s described by posters on a Facebook page set up to help find her as blonde, 5-foot-2 and weighing 120 pounds. She was last seen wearing navy blue shorts underneath navy blue sweatpants, a yellow T-shirt with “Clayton Soccer” on front, and bright blue high-top sneakers.

If you have any information on her whereabouts, please call the Clayton Police Department at 856-881-2300.

 

Steven Lawayne Nelson Sentenced To Death Penalty For Murder Of Texas Pastor Clint Dobson


Steven Lawayne Nelson http://www.huffingtonpost.com

FORT WORTH, Texas — The Rev. Clint Dobson was sitting in his church office writing a sermon when a convicted felon began scouring the neighborhood for a car to steal.

The felon honed in on the church, where investigators say he suffocated the young pastor and severely beat his secretary before fleeing in one of their cars.

New details of Steven Lawayne Nelson’s past – offenses that led up to what prosecutors called his most heinous crime – were revealed during a week-long hearing to decide Nelson’s fate following his conviction last week of killing Dobson. On Tuesday, jurors chose the death penalty.

“It is hard for me to fathom that you did what you did for a car and a laptop and a phone,” Dobson’s father-in-law, Phillip Rozeman, said in a statement after the sentencing. “The world is going to miss a leader. It’s sad to know all the people that won’t be helped because Clint is not here.”

Nelson suffocated Dobson, leaving him dead on the floor with a bag over his head and lying near his severely beaten secretary. Nelson had driven away in the secretary’s car, then later sold Dobson’s laptop and bought some items at a mall using the victims’ credit cards.

Jurors had the option of sentencing Nelson to life in prison without parole. For a death sentence, jurors had to unanimously agree that Nelson posed a danger to society, that he intended to kill and that there were no mitigating circumstances to diminish his culpability.

The 25-year-old Nelson showed no reaction as his sentence was read. He was later heard yelling after he was taken to a holding cell, where he broke a sprinkler head, causing flooding in the courtroom shortly after most people had left.

Three days before the murder, Nelson had been released from a court-ordered anger-management program, part of a deal with Dallas County prosecutors after he was arrested for aggravated assault on his girlfriend. He earlier had served time behind bars for a two-year sentence for theft, and spent much of his teen years in juvenile facilities after committing various crimes.

Dobson had taken a considerably different life path. The 28-year-old had done missionary work and had big plans for NorthPointe Baptist Church in Arlington, about 15 miles west of Dallas. The young minister was known by friends and relatives as a generous, helpful person who also had a fun-loving side.

His widow, Laura Dobson, said she will continue to be her husband’s voice and “be a reminder that good will always triumph evil.”

“I refuse to let you get the best of me,” she told Nelson in a victim impact statement after the sentence. “You have wrecked so many lives … that nobody will want to remember you after this.”

Nelson had denied killing the minister, blaming two friends for the crime. He said he stayed outside and only came into the church to steal a laptop. He admitted stepping around Dobson and the secretary on the floor to get the laptop, but said they were still alive when he was there.

Blood from both victims was found on a pair of Nelson’s shoes, and studs from his belt were found at the church, according to testimony. Prosecutor Bob Gill said Nelson’s violence didn’t stop as he awaited his murder trial, and that he fatally strangling an inmate with a blanket. Nelson hasn’t been charged in that death.

“Now you know why the state decided to seek the death penalty,” Gill told jurors. “That’s all that can be done here. It could not be more clear.”

Defense attorneys asked jurors to spare Nelson’s life, saying his mother neglected him, his father abused him and he was prescribed medication for attention deficit disorder. But Nelson never got the help he needed, even after he set his mother’s bed on fire when he was 3, and never learned how to get along with others and not hurt people.

Referring to Nelson’s childhood, defense attorney Bill Ray said the initial decisions “that put him on a track for permanent derailment were beyond his control, and if that’s not a mitigating factor, I don’t know what is.”

BOOKS part3: news books 2012 Death row’s testimony – death penalty


A new book by Professor Robert Bohm of the University of Central Florida looks at death-penalty decisions by the U.S. Supreme Court prior to the modern era of capital punishment that began in 1968. In The Past As Prologue, Bohm examines 39 Court decisions, covering issues such as clemency, jury selection, coerced confessions, and effective representation. These early decisions have shaped modern rulings on capital punishment, and the book provides an analysis of these effects. In addition, the cases provide an historical perspective on prior death penalty practices. Bohm is a Professor of Criminal Justice and has published widely in this field and on capital punishment.

Survivor on Death Row, a new e-book co-authored by death row inmate Romell Broom and Clare Nonhebel, tells the story of Ohio‘s botched attempt to execute Broom by lethal injection in 2009. In September of that year, Broom was readied for execution and placed on the gurney, but the procedure was terminated after corrections officials spent over two hours attempting to find a suitable vein for the lethal injection. Broom was removed from the death chamber and has remained on death row ever since.  In the book, Broom discusses his troubled childhood and his life of over 25 years on death row, including his repeated requests for new DNA testing and a new legal team. Broom has always maintained his innocence.  Jon Snow, a reporter for Channel 4 News in England, called the book “A horrifying story embracing all the evils of the death penalty. Bad forensics, dodgy DNA, awful lawyers, render this a must-read.”

A new book by Larry Koch, Colin Wark and John Galliher discusses the status of the death penalty in the U.S. in light of recent legislative activity and court decisions. In The Death of the American Death Penalty, the authors examine the impact of factors such as economic conditions, public sentiment, the role of elites, the media, and population diversity on the death penalty debate. The book highlights the recent abolition decisions in New York, New Jersey, New Mexico, and Illinois, and the surprising decline of the death penalty even in the deep South. James R. Acker, Distinguished Teaching Professor in Criminal Justice at the University at Albany, said, “Support for capital punishment in this country, as measured by the laws authorizing it, prosecutors’ enthusiasm for seeking it, jury verdicts that dispatch it, and executioners’ final deliverance, has eroded rapidly in recent years. A decade after the publication of its predecessor and carrying on in that volume’s fine tradition, The Death of the American Death Penalty provides detailed explanations—the where, how, and why—of these dramatic developments in death penalty laws and practices.”

A new book by Professor Harry M. Ward of the University of Richmond examines the death penalty in Virginia at a time when executions were carried out for all to see. In Public Executions in Richmond, Virginia: A History, 1782-1907, Ward provides a history of the hangings and, during the Civil War, firing-squad executions in Virginia’s capital city. Thousands of witnesses attended the executions, which were seen as a form of entertainment. Public executions ended with the introduction of the electric chair in 1908. In 1995, Virginia adopted lethal injection as its primary form of execution.

Long-time death penalty scholar Hugo Adam Bedau died on August 13, 2012 . Dr. Bedau had been the Austin B. Fletcher Professor of Philosophy at Tufts University, and is best known for his work on capital punishment. Dr. Bedau frequently testified about the death penalty before the U.S. Congress and many state legislatures. He authored several books about the death penalty, including The Death Penalty in America (1964; 4th edition, 1997), The Courts, the Constitution, and Capital Punishment (1977), Death is Different (1987), and Killing as Punishment (2004), and co-authored In Spite of Innocence (1992).  This last book, written with Prof. Michael Radelet of the University of Colorado and Constance Putnam (Dr. Bedau’s wife), contained one of the best early collections of people who had been wrongly convicted in death penalty cases. In 1997, Bedau received the August Vollmer Award of the American Society of Criminology, and in 2003 he received the Roger Baldwin Award from the ACLU of Massachusetts.  Dr. Bedau was a founding member of the National Coalition to Abolish the Death Penalty.

A new book by Professors Saundra Westervelt and Kimberly Cook looks at the lives of eighteen people who had been wrongfully sentenced to death and who were later freed from death row. In Life After Death Row: Exonerees’ Search for Community and Identity, the authors focus on three central areas affecting those who had to begin a new life after leaving years of severe confinement: the seeming invisibility of these individuals after their release; the complicity of the justice system in allowing that invisibility; and the need for each of them to confront their personal trauma. C. Ronald Huff, a professor at the University of California, Irvine, noted, “The authors skillfully conduct a journey inside the minds of exonerees, allowing readers to see the world from their unique perspectives.”

A new electronic book by former journalist Peter Rooney offers an in-depth look at the case of Joseph Burrowswho was exonerated fromIllinois’s death row in 1996. In Die Free: A True Story of Murder, Betrayal and Miscarried Justice, Rooney explains how Burrows was sentenced to death for the murder of William Dulin based on snitch testimony.  He was convicted primarily on the word of Gayle Potter, who recanted her testimony eight years later and admitted to committing the crime herself. According to one review, “Rooney makes it clear his book Die Free isn’t an argument against the death penalty, but simply another example of why such an extreme punishment should be re-evaluated. His points are made clearly and with merit as he details obvious evidence withholding by an over-aggressive district attorney, threats and intimidation of a borderline mentally challenged man, and the old school thoughts of little women versus big, burly men.”   Rooney is a former staff writer for the Champaign-Urbana News-Gazette and is currently the director of public affairs at Amherst College.  Joe Burrows died at age 56 in 2009.  This case, and similar exonerations, led to the abolition of the death penalty in Illinois in 2011. The book is available for electronic download on Amazon.com.

A new book by Clive Stafford Smith, a British lawyer who has defended death row inmates in the U.S., offers an in-depth view of capital punishment in America. In Injustice: Life and Death in the Courtrooms of America, Stafford Smith examines the case of Kris Maharaj, a British citizen who was sentenced to death in Florida for a double murder, to expose problems in the justice system. The book reveals disturbing details of Maharaj’s case, including anomalies in the prosecution files–witnesses with exculpatory testimony who were never called, falsified and suppressed evidence, and reports that a witness to the shootings failed a lie detector test. Maharaj’s death sentence was later commuted to life without parole. Stafford Smith is the Legal Director of Reprieve, which provides legal assistance in death penalty cases. In 2005 he received the Gandhi International Peace Award.  He was a founder of the Louisiana Crisis Assistance Center, defending death row inmates in that state.

 American Bar Association recently published The State of Criminal Justice 2012, an annual report that examines major issues, trends and significant changes in America’s criminal justice system. This publication serves as a valuable resource for academics, students, and policy-makers in the area of criminal justice, and contains 24 chapters focusing on specific areas of the criminal justice field. The chapter devoted to capital punishment was written by Ronald Tabak, special counsel and pro bono coordinator at Skadden Arps. Tabak addresses the decline in the use of the death penalty, the geographic, racial and economic disparities in implementing capital punishment, important Supreme Court decisions, and other issues such as the continuing risk of wrongful executions. In concluding, he writes, “Ultimately, our society must decide whether to continue with a system that has been found in study after study, and has been recognized by a growing number of leading judges, to be far more expensive than the actual alternative – in which life without parole is the most serious punishment. In view of the lack of persuasive evidence of societal benefits from capital punishment, this is one ineffectual, wasteful government program whose elimination deserves serious consideration.”

FLORIDA – mentally ill death row inmate gets stay of execution – FERGUSON


october 21,2012 http://www.globalpost.com

John Errol Ferguson will add another week to the 34 years he has been on death row in Florida. The convicted mass killer was granted a stay of execution by a federal judge on Saturday. 

Defense attorneys have argued for decades that Ferguson is mentally ill and that putting him to death would be “cruel and unusual punishment”.

He execution was originally scheduled for Tuesday

“The issues raised merit full, reflective consideration,” the court said when US. District Judge Daniel T. K. Hurley granted the motion for a stay.

Ferguson’s attorneys told AP that the court will hear three hours of arguments on his habeas corpus petition on Friday. His lawyers are arguing that Ferguson is unfairly on death row because the court used an old and outdated definition of competency.

They contend that Ferguson is insane and that a 2007 US Supreme Court ruling prohibits the state from executing him, reports AP. 

“In order for the state to execute him, Mr. Ferguson must have a rational understanding of the reason for, and effect of, his execution,” Chris Handman, an attorney for Ferguson, told AP in an emailed statement.

“A man who thinks he is the immortal Prince of God and who believes he is incarcerated because of a Communist plot quite clearly has no rational understanding of the effect of his looming execution and the reason for it.”

Ferguson was convicted of the July 1977 murders of six people during a home-invasion robbery, reports the Miami Herald.  He was convicted separately of posing as a police officer and murdering two teenagers in January 1978.

Ferguson has had a long history with mental illness and crime. In 1971, he was declared psychotic and incompetent by a court-appointed doctor years before his first murder, reports the Tampa Bay Tribune.

“He is completely paranoid. A schizophrenic,” Handman, whose law firm, Hogan Lovells, has represented Ferguson pro bono for more than 30 years, told the Miami Herald.

“When you meet him, he is deeply suspicious of your motives. He has a very tenuous grasp on reality.”

 

 

 

 

 

 

 

 

 

 

 

SOUTH DAKOTA – Death penalty called incentive for Robert


 October 20,2012 http://www.argusleader.com

The lawyer for a man executed this week says the death penalty created an incentive for his client to murder corrections officer Ronald “R.J.” Johnson.

Mark Kadi, who represented 50-year-old Eric Robert in the capital case, wrote a letter to the Argus Leader saying his client devised an escape plan that involved murder to ensure a death sentence in the event his escape failed.

“The availability of the death penalty encouraged rather than discouraged Robert to commit this crime,” Kadi wrote. “I know this because Eric told me so.”

After the murder in April 2011, Robert quickly pleaded guilty and insisted the judge issue a death penalty, then strongly objected to a mandatory Supreme Court review, which delayed his execution. He wrote a letter to Attorney General Marty Jackley earlier this month encouraging revisions to state law to guarantee a speedy death for a death row inmate who was not fighting it.

Jackley, who prosecuted the case, rejects the notion that Johnson’s murder was anything but a failed, “poorly executed” escape attempt.

He also said the death penalty will protect corrections officers from an inmate who had promised to kill again.

Robert was executed by lethal injection Monday.

Kadi: Failed overdose before escape try

Kadi, who watched the execution, said in his letter that Robert felt “hopeless” behind bars, and that the inmate had attempted suicide by drug overdose before the escape attempt with fellow inmate Rodney Berget.

Robert was serving an 80-year sentence for kidnapping and failed to secure a sentence reduction.

Robert viewed a life sentence as being identical to a death sentence with the exception that the latter had a set date. Robert believed he needed to get out, one way or the other,” Kadi wrote.

Kadi’s letter says Robert had time to read the state’s death penalty statute and understood that killing a law enforcement officer in an act of escape would satisfy several of the aggravating factors that would justify an escape attempt.

Johnson was not afforded the additional protection the Legislature hoped to provide when adding those provisions to its death penalty statutes, Kadi wrote.

 Read the letter From Eric Robert to Attorney General Marty Jackley

Read the letter From Eric Robert’s Attorney, Mark Kadi

These factors, intended to be a shield, now served to target those the law protects in accordance with their important service to the public,” Kadi said. “The Legislature never intended these factors to be used in such a manner.”

Escape was only goal, Jackley says

Jackley rejects the notion that Robert and Berget’s crime was a suicidal act. Both men had escape histories, he said, and he contends escape alone was the goal.

“All the evidence in the case points to this being a poorly planned, poorly executed escape attempt,” Jackley said.

The attorney general also took issue with the notion that the death penalty does not provide a deterrent, particularly in Robert’s case. Robert said he would kill again if he weren’t executed.

“I can’t say if the death penalty will deter others from committing crimes in the future, but it deterred Eric Robert from committing any other crimes,” Jackley said.

Removing danger to prison staff

Future dangerousness framed key portions of Jackley’s argument for a death sentence in both Robert and Berget’s pre-sentence hearings. Berget also was sentenced to death for the crime.

Associate Warden Troy Ponto testified at Berget’s hearing that inmates segregated from the rest of the population can pose dangers during their daily interactions with officers.

Maximum security inmates are guarded by three officers any time their door is open.

“When we bring out inmates out of their cell, whether it be for a walk-through for medical, inmates have attempted to head-butt staff, punching them, kicking them,” Ponto said.

“We have good policies in place, but there is a risk when we take some of these guys out.”

Certain situations present further potential for violence. An inmate on a hunger strike would require additional interaction with medical staff, for example.

Robert and Berget both went on a hunger strike at the Minnehaha County Jail in the months after the murder of Johnson.

Ponto also said inmates are evaluated every 90 days to determine whether they should stay in segregation.

Johnson’s murder prompted a tightening of security measures at the prison. Lynette Johnson, Ron Johnson’s widow, said after Robert’s execution Monday night that “more needs to be done” to protect the officers at the penitentiary.

Speedy executions such as Robert’s rare

Richard Dieter, director of the Death Penalty Information Center, said the idea of an inmate committing a crime to earn a death sentence is highly unusual but not unheard of.

“Some believe that (serial killer) Ted Bundy deliberately went to Florida and committed murders because that was the state that was most likely to execute him,” Dieter said. “He was offered a plea bargain sparing his life, but he turned it down.”

Gary Gilmore, the first person executed following the reinstatement of the death penalty in 1976, volunteered for execution and was hanged three months from his sentence.

Robert’s explicit statement about his wish to die makes the case stand out, Dieter said.

The speed of Robert’s execution stands out as well. Of the 32 executions in the U.S. this year, Robert’s is the only one that happened within a year of the sentence. The next-shortest delay was six years.

The average wait time so far is 17 years.

Robert’s body was claimed by his family, Department of Corrections spokesman Michael Winder said.