Month: October 2012

Update : Autumn Pasquale Murder: Two Brothers Charged In Killing Of 12 Year Old New Jersey Girl


UPDATE 

Two brothers have been charged with murder in the death of 12 year old Autumn Pasquale.

According to Gloucester County Prosecutor Sean Dalton, the brothers, ages 15 and 17, face a number of charges including first-degree murder, theft, conspiracy and tampering with evidence. At this point, the names of the two teen suspects are not being released.

At an afternoon press conference, Dalton said the brothers lured the young girl to their Clayton, N.J., home. Authorities allegedly found Autumn’s BMX bike and backpack in the brothers’ home. According to The Associated Press, one of the brothers traded in BMX bike parts.

Dalton said the boys’ mother played an important role in the case. She came forward with information she had seen on her son’s Facebook account, which ultimately led police to the boys, he said.

Police said the brothers turned themselves in to authorities on Tuesday.

Autumn disappeared on Saturday while riding her bike. Her body was found Monday in a recycling bin near her home.

“There’s evil everywhere, even in the small town of Clayton,” the girl’s great-uncle, Paul Spadofora, told reporters after the discovery.

An autopsy performed earlier Tuesday revealed Autumn died from blunt force trauma and strangulation. There were no signs of sexual assault, police said.

Police have not yet commented on a possible motive.

According to Dalton, Autumn would have turned 13 next week.

“This is a very sad day for the Pasquale family,” Dalton said. “Our hearts go out to the family and to all the residents of Clayton who stood together in support of this young girl.”

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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.

 

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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.

 

 

Executed At 14: George Stinney’s Birthday Reminds Us That The Death Penalty Must End


October 19 2012 http://newsone.com/

george junius stinney jr birthday

George Junius Stinney Jr., the 14-year-old Black boy who died as the youngest person ever executed in the United States in the 20th century, would have been 83-years-old this Sunday.

Instead, his birthday will serve as a haunting reminder of why the death penalty needs to be abolished.

When two White girls, 11-year-old Betty June Binnicker and 8-year-old Mary Emma Thames, went missing in Alcolu, S.C., on March 22, 1944, after riding in to town on their bicycles, Stinney was arrested the following day for allegedly murdering them.

The girls had allegedly passed Stinney’s home, where they asked him where they could find a particular kind of flower. Once the girls did not return home, hundreds of volunteers looked for them until their bodies were found the next morning in a ditch.

Because Stinney joined the search team and shared with another volunteer that he had spoken to the girls before they disappeared, he was arrested for their murders.

Without his parents, Stinney was interrogated by several White officers for hours. A deputy eventually emerged announcing that Stinney had confessed to the girls’ murders. The young boy allegedly told the deputies that he wanted to have sex with the 11-year-old girl, but had to kill the younger one to do it. When the 8-year-old supposedly refused to leave, he allegedly killed both of them because they refused his sexual advances.

To coerce his confession, deputies reportedly offered the child an ice cream cone.

There is no record of a confession. No physical evidence that he committed the crime exists. His trial — if you want to call it that — lasted less than two hours. No witnesses were called. No defense evidence was presented. And the all-White jury deliberated for all of 10 minutes before sentencing him to death.

On June 16, 1944, his frail, 5-foot-1, 95-pound body was strapped in to an electric chair at a state correctional facility in Columbia, S.C. Dictionaries had to be stacked on the seat of the chair so that he could properly sit in the seat. But even that didn’t help. When the first jolts of electricity hit him, the head mask reportedly slipped off, revealing the agony on his face and the tears streaming down his cheeks. Only after several more jolts of electricity did the boy die.

It was, without question, one of the greatest miscarriages of justice in U.S. history. Yet, decades later,33 states in the United States still practice this barbaric form of so-called justice. And the way it has been applied to our community has been especially unjust — and discriminatory.

Since 1973, almost 30 years after Stinney’s execution, 141 people in 26 states have been exoneratedfrom death row after new evidence cleared them of wrongdoing, according to the Death Penalty Information Center.

Seventy of those individuals were Black men and one was a Black woman, which accounts for more than half of the wrongfully convicted. Twelve of them were Latino.

Richard Dieter, executive director of the Death Penalty Information Center, says that race and other unjust factors determine who is sentenced to death.

“It’s those who are the most vulnerable,” Dieter told NewsOne in a phone interview. “If you have a poor lawyer or if you kill a White person, you’re more likely to get the death penalty. If you kill someone in Texas, it’s different than if you are accused of killing someone in another state and that is terribly unfair.”

What is even more unfair is that, since 1977, the majority of death row defendants have been executed for killing White victimsaccording to Amnesty International. But more than half of all homicide victims are African American. A Yale University Law School study reports that Black defendants are sentenced to death at three times the rate of White defendants when the victim is White.

Things really have not changed since little George Stinney was executed for killing two White girls based on virtually no evidence and pure racism.

Diann Rust-Tierney, executive director of the National Coalition To Abolish The Death Penalty, told NewsOne in an interview that Stinney’s upcoming birthday should remind us all that a flawed method of administering justice for the victim is not just if it clearly targets a particular group of people.

“If we don’t care whether or not race is influencing these cases, how are we going to make the system care if it turns out that our children are not getting the education they need or we’re not getting a fair shake in mortgages?” Rust-Tierney asked. “That is what this is about.”

Her Washington, D.C.-based organization played a pivotal role in helping to abolish the death penalty for juveniles in the United States with its 1997 “Stop Killing Kids Campaign” that lead to South Dakota and Wyoming banning the practice for offenders under the age of 18. The U.S. Supreme Court outlawed the practice against juveniles in 2005.

Before the High Court’s ruling, however, 71 juveniles were on death row. Two-thirds of them where offenders of color, and more than two-thirds of their victims were white.

“For people of color, the criminal justice system has been designed to be about us and around us but never with us,” Rust-Tierney said.

It certainly wasn’t with Stinney when his court-appointed attorney didn’t even care to call witnesses or provide evidence in his defense. And the justice system certainly wasn’t with his parents when a lynch mob ran them out of town, leaving their son in that South Carolina courtroom to face his fate all by himself.

I believe the best way we can commemorate the birth of this poor 14-year-old boy’s short life is to take a moment to really ask ourselves why we need this cruel form of punishment to begin with. Some will argue that if you kill someone, you should be put to death.

Well, the vast majority of convicts who are found guilty of killing someone are not sentenced to death. So why the selective application?

Is it making our streets safer?

No.

Has it put innocent lives on death row for crimes they did not commit?

Yes.

Of the 33 states in the Union that administer the death penalty, California voters will have the choice on Nov. 6 to vote for or against Proposition 34.

Not only would it end the death penalty in California, it would save the state more than $130 million per year in costs from death penalty cases. The measure would also require convicted killers to work and pay restitution in to a victim’s compensation fund.

Greg Akili, the Southern California field director for Safe California, told NewsOne that as much as $100 million of the money saved from executions can potentially go to a crime victim’s fund to help support their cases.

“That is a better use of the money because many of the victims that we work with and who have been supporting the initiative are victims of rape and murder but their cases are not being aggressively pursued,” Akili said. “So the money that we save from executing people here in California can be used for that fund.”

Proposition 34 is a smart, cost-effective way of administering justice that can truly help make our street’s safer and ensure that no innocent person is killed for a crime they did not commit.

We do not know what Stinney would have done with his 83 years had he lived that long. But what we do know is that the ugly, inhumane practice that took his life nearly seventy years ago is as flawed and broken now as it was back in 1944.

Currently, more than half of the 3,170 of the people on death row are people of color,according to the Equal Justice InitiativeForty-three percent of them are African-American.

In Alabama, for example, 80 percent of all death sentences are imposed in cases where the victim is White even though 65 percent of the state’s murder victims are Black.

The racial bias that forced a 14-year-old Stinney in to an electric chair some 68 years ago clearly exists today.

So when we sit in our church pews this Sunday morning, lead our congregations in prayer, and deliver the good word, let us not forget that little George Stinney was born.

Let us take a moment of silence to reflect on the fact that the United States –  along with Iran, Saudi Arabia, Iraq, and China — tops the list of countries with the highest execution rates in the world. We are not serving justice nor are we serving any God by using the death penalty to take another human being’s life. We’re merely serving our primal desire to get even.

But as little George Stinney should remind us, there was nothing even about the way it was applied to him or others since his execution.

It’s time to end the death penalty in America. Now and forever.

 

TEXAS – Appeals court race highlights statewide campaigns


october 19,2012 http://www.sfgate.com

In 2010, Texas Court of Criminal Appeals Presiding Judge Sharon Keller faced discipline for closing the courthouse just as a death row inmate was trying to file an appeal, and she was fined $100,000 for not disclosing more than $2 million in property and income on her personal financial statements.

The discipline in the death penalty case was later tossed on appeal, and Keller has appealed the ethics fine. But it’s those blemishes on the Republican’s career that Democratic defense attorney Keith Hampton hopes will propel him to win Keller’s seat in November and break the GOP’s hold on the state’s highest court for criminal cases.

“She’s banking on nobody noticing,” Hampton said, noting the $100,000 fine remains the largest in the history of the Texas Ethics Commission.

Keller did not respond to repeated telephone and e-mail requests for an interview.

Keller was hauled before the state Commission on Judicial Conduct for ordering the court shut at 5 p.m. on Sept. 25, 2007, which lawyers for condemned killer Michael Richard said blocked them from filing a last-minute appeal. Richard was executed that night for the rape and slaying of a Houston-area nurse who had seven children.

Keller faced removal from the bench, but the commission instead issued a “public warning,” one of the least severe sanctions at its disposal, while criticizing her for casting “public discredit on the judiciary.”

Keller appealed, and got the ruling dismissed by a special court of review, which said the commission had overstepped its legal authority.

In 2010, she said, “”What happened to me shouldn’t happen to any judge” and called the “Killer Keller” nickname death penalty opponents have her was hurtful and uncivil.

Hampton says the death penalty case and the ethics fine show a judge who is indifferent to justice in the death penalty, and willing to ignore the law to protect her own finances. Keller filed corrected financial disclosure forms, saying the failure to disclose was merely a mistake.

Keller was first elected in 1994. She had plenty of practice filing the forms, Hampton said.

“I fill out those papers, too,” Hampton said. “They go on and on about bonds, stocks and property. I don’t know how you miss that.”

Hampton is a criminal defense attorney who has appeared for the 9-member court in death penalty cases. He says his experience handling capital punishment cases at every level, from the trial court to the U.S. Supreme Court, give him a unique perspective on the gravity surrounding life-and-death issues before the court.

“The result does matter. Innocence should matter. Guilt should matter. Life or death should not be indifferent,” Hampton said.

In a 2010 interview with The Associated Press, Keller said her critics ignore her work chairing a task force that provides legal aid for the indigent, and another that ensures offenders with mental illness receive proper treatment.

Keller said then she expected the ethics issues to be raised during her 2012 reelection campaign.

“I can deal with it,” she said.

There are other statewide races on the ballot Nov. 6.

Court of Criminal Appeals Judges Barbara Parker Hervey and Elsa Alcala are running for new terms. Both are Republican who did not draw Democrat opponents.

The nine-member state Supreme Court has three seats up for election, with Republican incumbents Don Willett (Place 2) and Nathan Hecht (Place 6) running for new six-year terms.

Hecht, first elected in 1988, is the longest-serving member of the court with a reputation as one of its intellectual leaders. He has drawn Democratic opponent Michele Petty, a San Antonio attorney, who has made an issue of a $29,000 ethics fine levied against Hecht in 2007 for an illegal campaign contribution. Hecht appealed and the case is still pending.

Willett, who has served on the court since 2005, did not draw a Democratic opponent.

Former state district judge John Devine of Houston, who got attention for fighting to keep the Ten Commandments on display in his courtroom, is on the ballot in Place 4 after he defeated incumbent Justice David Medina in the primary. Devine did not draw a Democratic opponent in the general election.

The state Railroad Commission, which regulates oil and gas, has two places on the ballot.

In the open seat in Place 1, Republican Christi Craddick, an oil and gas attorney, party activist and daughter for former House Speaker Tom Craddick, faces Democrat Dale Henry, a licensed petroleum engineer and former Mills County commissioner for the six-year term.

Craddick says it is important that state encourage drilling and energy development and protect the industry from overreaching federal regulations. State officials and energy companies have been fighting federal agencies over myriad issues in recent years, from the proposed Keystone XL Pipeline to the environmental impact of the oil and gas drilling process called fracking.

Henry says he supports drilling, including fracking, but believes oil and gas companies are polluting the state’s land and water. Henry says he will fight for strict enforcement of environmental protections laws. The race has also drawn Libertarian candidate Vik Wall and Green Party candidate Chris Kennedy.

Commissioner Barry Smitherman, appointed by Gov. Rick Perry, is running to fill the rest of his unexpired term in Place 2. Smitherman is a former chairman of the Public Utility Commission and led that agency in 2008 when the state pledged billions of dollars to boost wind energy. He says energy companies should be encouraged to explore and drill. Smitherman did not draw a Democratic opponent.

Human Rights Commission passes resolution to abolish death penalty in Kentucky


October 19, 2012 http://www.courier-journal.com

Arguing that capital punishment is often applied unfairly against minorities and the poor, the Kentucky Commission on Human Rights board has passed a resolution opposing the death penalty in Kentucky.

The commissioners at a meeting in Lexington Wednesday urged the Kentucky General Assembly to repeal the law that allows the use of the death penalty in murder convictions. The commission also urged Gov. Steven Beshear to sign any such law brought before him.

The resolution unanimously passed by the commissioners will be submitted to Beshear and to each state legislator.

As of April 1, Kentucky had 35 inmates on Death Row at the Kentucky State Penetentiary in Eddyville, according to the NAACP Legal Defense and Educational Fund. Marco Allen Chapman was the last Kentucky inmates executed, by lethal injection in 2008.

State Sen. Gerald Neal, D-Louisville, said the state legislature has considered abolishing the death penalty several times without passing a measure. He said he expects that a bill proposing the end of capital punishment will be introduced again and that he wouldn’t be surprised if the measure might have a chance to be enacted. “In my view, it could happen, because it’s so long overdue,” Neal said.

The commission resolution read:

“Since 1976, when Kentucky reinstated the death penalty, 50 of the 78 people sentenced to death have had their death sentence or conviction overturned, due to misconduct or serious errors that occurred during their trial. This represents an unacceptable error rate of more than 60 percent.”

The resolution said that “statistics confirm that the imposition of the death penalty is disproportionately imposed on minorities and the poor. African Americans constitute 12 percent of the U.S. population, but represent 42 percent of prisoners on death row.”

It cited figures from Amnesty International that more than 20 percent of black defendants executed since 1976 were convicted by all-white juries.

Additionally, it said, states are more likely to seek the death penalty when the offender is black and the victim is white, and that a death sentence is more likely to be imposed on black offenders convicted of killing a white victim.

The resolution also noted that more than 90 percent of defendants in capital cases are indigent and cannot afford an experienced criminal defense attorney.

According to Amnesty International, more than two-thirds of the countries in the world have abolished the death penalty in law or practice.

The Kentucky Commission on Human Rights is the state authority that enforces the Kentucky and United States Civil Rights acts, which make discrimination illegal.

UPCOMING EXECUTIONS – NOVEMBER 2012


Dates are subject to change due to stays and appeals

Pennsylvania execution dates and stays are generally not listed because the state routinely sets execution dates before all appeals have been exhausted.

NOVEMBER 16 , 2012  

November    
11.06.12 Garry Allen Oklahoma  EXECUTED  6.10 p.m
11.08.12 Mario Swain Texas  EXECUTED  6.39 p.m
11/08.2012 Hubert Michael Pennsylvania STAY                                                                                                                      
11/13/2012 Brett Hartman Ohio EXECUTED  10.34 a.m 
11/14/2012 Ramon Hernandez Texas EXECUTED  6.38 p.m
11/15/2012 Preston hughes Texas  EXECUTED  7.52 p.m