Month: March 2021

OHIO – Death penalty stays on table for Bryant


March 21, 2021

Faces trial in murder of 4-year-old boy

A judge denied a defense request that possibility of the death penalty be removed from the aggravated murder charge Kimonie D. Bryant faces in the shooting death of Rowan Sweeney, 4.

Bryant also is charged in the attempted murder of four adults.

Attorneys for Bryant, 24, of Struthers, filed a motion seeking dismissal of the death penalty and made oral arguments during a hearing before Judge Anthony D’Apolito in Mahoning County Common Pleas Court.

Bryant is accused of killing Rowan on Sept. 21, 2020, at the home Rowan shared with his mother and her boyfriend on Perry Street in Struthers. Bryant also is charged in the shootings of Rowan’s mother and three other adults who were there.

D’Apolito has been holding monthly hearings in the case and plans to continue to do so up to the Sept. 13 trial date.

He denied the defense’s request this week.

In their defense filing, attorneys for Bryant noted that this murder is “not a popular case” in that it involves the killing of a 4-year-old, which has prompted “Justice for Rowan” yard signs in Struthers and elsewhere.

“But the job of the lawyers and (judge) is the same in this and every case: to do the job effectively, objectively and without regard to personalities.”

It adds: “If someone else entered the home and did the shooting, as was testified to at the bindover hearing of Brandon Crump, then death would be an unjust penalty.”

Authorities have described Crump, 18, who is charged with aggravated robbery connected to the incidents that resulted in Rowan’s death, as a co-defendant of Bryant. He is not accused of shooting anyone.

Law enforcement officials have not specified how Crump’s alleged robbery is connected to the shootings, but Mahoning County Prosecutor Paul Gains said at the time Bryant was indicted that investigators believe about $5,000 in cash was in the home at the time of the shootings.

After Bryant is accused of fleeing from the home, the cash on the coffee table was gone, Gains said.

Judge Theresa Dellick of Mahoning County Juvenile Court has bound over Crump’s case to adult court, meaning he will be tried as an adult if a grand jury indicts him. Crump was originally charged in juvenile court because he was 17 at the time of Rowan’s death.

The filing says that when the death penalty was “reinvented” in the 1970s after being “invalidated” in most states in a 1972 U.S. Supreme Court decision, state legislatures sought to “rake in political capital that executing people yields.”

The filing called Ohio’s death penalty statute “vague and unconstitutional” and asked D’Apolito to remove the death penalty from Bryant’s indictment.

The filing argues that courts that have “rebuffed constitutional challenges to the death penalty have (strayed from) the concept of limited government ordained by the Constitution.”

Ohio’s death-penalty statute fails to genuinely narrow the class of individuals who are eligible for the death penalty, the filing states. “By failing to do so, the statute permits arbitrary and capricious imposition of the death penalty.”

Conviction, death penalty upheld of Oklahoman in beheading


March 18, 2021

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals on Thursday upheld the murder conviction and death sentence of man in the beheading of a co-worker in the Oklahoma City suburb of Moore.

The court rejected claims that Alton Alexander Nolen, 36, was mentally ill and incompetent to stand trial in addition to improper jury selection, improper photographic evidence and prosecutorial misconduct.

Nolen’s defence attorneys did not immediately return a phone call for comment.

Nolen was convicted and sentenced to death in for the 2014 beheading of 54-year-old Colleen Hufford at Vaughan Foods.

Prosecutors said Nolen killed Hufford and wounded another co-worker after being suspended from his job at the plant for making threatening statements to co-workers.

The suspect in the Atlanta-area shootings could face the death penalty


March 18, 2021

robert aaron long

  • Robert Long, 21, was charged with eight counts of murder by Georgia prosecutors Wednesday.
  • Eight people, six of whom were Asian, were killed at three Atlanta massage parlours on Tuesday.
  • Long said he did it to remove sexual temptation but prosecutors are considering hate crime charges.

The suspect in Tuesday night’s Atlanta-area shootings could meet the threshold for receiving the death penalty under Georgia law.

On Wednesday, prosecutors charged Robert Aaron Long, 21, with eight counts of murder and one count of aggravated assault after shootings took place at three massage parlors across the city area.

In a press conference on Wednesday, law enforcement officials said that Long admitted to carrying out the attacks. However, he has yet to enter a plea to the charges.

He is due to appear in court Thursday, where he may issue a plea but does not have to.

If Long is ultimately convicted, the charges open him to Georgia’s death penalty. Prosecutors would have to choose whether to pursue it, and so far have not discussed the matter in public.

Robert Long Georgia Shooting
Security footage released by the Cherokee Sheriff’s Office in Georgia shows the 21-year-old suspect, Robert Long, getting into a car. Cherokee Sheriff’s Office

Under title 17 of the 2010 Georgia Code, most murders do not qualify for punishment by death.

But if one of 11 criteria are met, then it can be considered. They are listed here by the Atlanta Journal-Constitution, which also reported that Long could face the death penalty.

Some of the criteria – such as if the offender was on the run from prison, or if the victim was a police officer – appear not to apply. Others are broader, such as if the killings took place during another crime, or using a particularly dangerous weapon.

In Georgia, the death penalty is carried out by lethal injection. As of January, 39 men and one woman were on death row, state Department of Corrections data shows.

Out of the eight people killed on Tuesday night, six were Asian women, meaning prosecutors are deciding whether to charge Long with a hate crime, The Atlanta Journal Constitution and 11Alive reported.

Long told law enforcement that race did not play a part in the attack, saying instead that he was a sex addict and wanted to remove temptation.

“During his interview, he gave no indicators that this was racially motivated,” Frank Reynolds, Cherokee County Sheriff, said Wednesday.

“We asked him that specifically and the answer was no.”

The attack on Tuesday is the latest in a series which indicates attacks on Asian Americans in the US is on the rise.

As of Thursday morning, four of the Atlanta-area victims had been identified: Xiaojie Tan, 49, Delaina Ashley Yaun, 33, Paul Andre Michels, 54, and Daoyou Feng, 44.

David Barkley, senior Southeast counsel for the Anti-Defamation League, told the AJC: “We would urge the local prosecutor to bring hate crime charges along with the other charges.”

#JusticeForPervisPayne: Tennessee man on death row was convicted using ‘racial stereotypes’, says Internet


March 17, 2021

Pervis Payne, who has an intellectual disability, has spent 32 years on death row in Tennessee.


                            #JusticeForPervisPayne: Tennessee man on death row was convicted using 'racial stereotypes', says Internet

On TikTok and Twitter, #JusticeForPervis has been trending in an attempt to raise awareness Pervis Payne’s innocence. Payne is scheduled to be executed on April 9 by the state of Tennessee.

Payne has been on death row for 32 years for the murder of Charisse Christopher and her two-year-old daughter in June 1987. Payne, as per the Innocence Project, a nonprofit legal organization that is committed to exonerating individuals who it claims have been wrongly convicted, has always maintained his innocence. Payne has consistently said he did not commit this crime and that he was an innocent bystander who happened to be at the crime scene and tried to help.

San Quentin death row inmate dies


March 17, 2021

Another condemned inmate at San Quentin has died, according to the Department of Corrections and Rehabilitation.

64-year-old Johnny Mungia passed away at a hospital on Tuesday, March 16th.

This Aug. 24, 2018, photo released by the California Department of Corrections and Rehabilitation shows Johnny Mungia, a 64-year-old death row inmate who died on March 16, 2021, at a hospital. (California Department of Corrections and Rehabilitation via AP)

Mungia’s cause of death is under investigation, but foul play is not suspected.

An official cause of death is pending the results of an autopsy by the Marin County Coroner.

On April 7, 1997, Mungia was found guilty of the first-degree murder of 73-year-old Alma Franklin by a Riverside County jury and sentenced to death on April 14, 1997.

There are currently 705 people on California’s death row.

EXECUTION LIST 2020


DateNumber Since 1976StateNameAgeRaceVictim RaceMethodDrug ProtocolYears from Sentence to Execution
1/15/201513TXJohn Gardner64W1 White femaleLethal Injection1-drug (Pentobarbital)13
1/29/201514GADonnie Lance65W1 White male, 1 White femaleLethal Injection1-drug (Pentobarbital)21
2/6/201515TXAbel Ochoa47L2 Latinx femalesLethal Injection1-drug (Pentobarbital)17
2/20/201516TNNicholas Todd Sutton58W1 White maleElectrocutionN/A34
3/5/201517ALNathaniel Woods43B3 White malesLethal Injection3-drug (Midazolam)14
5/19/201518MOWalter Barton64W1 White femaleLethal injection1-drug (Pentobarbital)26
7/8/201519TXBilly Joe Wardlow45W1 White maleLethal injection1-drug (Pentobarbital)25
7/14/201520FederalDaniel Lewis Lee47W1 White male, 2 White femaleLethal injection1-drug (Pentobarbital)21
7/16/201521FederalWesley Ira Purkey68W1 White femaleLethal injection1-drug (Pentobarbital)17
7/17/201522FederalDustin Lee Honken52W2 White males, 3 White femalesLethal injection1-drug (Pentobarbital)14
8/26/201523FederalLezmond Mitchell38NA2 Native American femalesLethal injection1-drug (Pentobarbital)17
8/28/201524FederalKeith Dwayne Nelson45W1 White femaleLethal injection1-drug (Pentobarbital)18
9/22/201525FederalWilliam Emmett LeCroy50W1 White femaleLethal injection1-drug (Pentobarbital)16
9/24/201526FederalChristopher Andre Vialva40B1 White male, 1 White femaleLethal injection1-drug (Pentobarbital)20
11/19/201527FederalOrlando Hall49B1 Black femaleLethal injection1-drug (Pentobarbital)25
12/10/201528FederalBrandon Bernard40B1 White male, 1 White femaleLethal injection1-drug (Pentobarbital)20
12/11/201529FederalAlfred Bourgeois56B1 Black femaleLethal injection1-drug (Pentobarbital)18

A convicted Oklahoma killer’s death sentence was overturned because of a landmark US Supreme Court ruling


March12, 2021

The murder convictions and death sentence of Shaun Michael Bosse, seen in this undated photo, were overturned by an Oklahoma appeals court on Thursday, March 11, 2021.
 Shaun Michael Bosse

An Oklahoma death row inmate is set to receive a new trial after a court overturned his conviction based on a US Supreme Court ruling last year that determined a large part of the state is Native American territory for the purposes of federal criminal law

.The Oklahoma Court of Criminal Appeals ruled Thursday the state did not have the jurisdiction to prosecute Shaun Bosse, who was sentenced to death in 2012 for the murders of 24-year-old Katrina Griffin, her 8-year-old son and 6-year-old daughter because the victims were members of the Chickasaw Nation and the murders took place on the reservation.The appeals court cited the Supreme Court’s landmark July 2020 ruling in McGirt vs. Oklahoma, in which the justices ruled 5-4 that a broad swath of the state was Native American land for the purposes of federal criminal law. According to federal law, crimes that involve Native Americans on a reservation are subject to federal, not state, jurisdiction.CNN has reached out to an attorney for Bosse for comment.District Attorney Greg Mashburn, who prosecuted Bosse, told CNN in an interview Friday that federal prosecutors will assume jurisdiction in the case.”I’m devastated for the family (of Bosse’s victims),” Mashburn said. “They can’t heal. They’re just going to have to go through this whole process again. I’m just really upset for them and hate that they’re going to have to sit through another trial.”

USA: UN Experts Call For President Biden To End Death Penalty


March 12, 2021

UN human rights experts* have called on President Biden to do everything in his power to end executions in the United States, at both the federal and state level.

“The death penalty is an abhorrent practice. It serves no deterrent value and cannot be reconciled with the right to life,” said the experts.

“Despite retentionist States’ pretence that capital punishment can be implemented in a ‘humane’ fashion, executions have repeatedly resulted in degrading spectacles. The death penalty is an inherently flawed form of punishment which disproportionately impacts African-Americans and people living in poverty,” they stressed.

The death penalty also continues to be imposed following violations of due process guarantees, such as lack of access to an effective legal defense, and in ignorance of essential facts.

In 2020, the US federal government resumed federal executions, killing 13 people over six months.

The experts had previously raised the case of Lisa Montgomery who was executed despite having been the victim of an extreme level of physical and sexual abuse throughout her life and having a mental health condition, two essential facts which the legal process failed to meaningfully consider.

“We call on President Biden to urgently grant clemency to the 48 individuals currently on death row for federal crimes, most of whom have been on death row for a decade or more.

“This should be only a first step. We further urge the President, as well as members of Congress, to strongly support legislative efforts to formally abolish the death penalty at federal level.

“In the meantime, President Biden should consider all other possible federal-level actions including directing the Department of Justice to stop seeking the death penalty and withdrawing notices of intent to seek the death penalty in ongoing cases.

“Action must also be taken to address death penalties handed down at the state level,” said the experts, noting President Biden committed during his campaign to work to incentivize states to eliminate the death penalty.

“The possibility of linking some forms of federal funding to alternative sentencing and a ban on the sale and transport of chemicals used in lethal injections should be explored.

“There is no time to lose with thousands of individuals on state death rows across the country and several executions scheduled at state level in 2021.”

The experts have written to the Government to express their concerns.

Sex offender found dead in suspected homicide at San Quentin State Prison


A 66-year-old inmate was found unresponsive in his cell at San Quentin State Prison early Wednesday, and state corrections officials said they are treating his death as a homicide.

John Sullivan had served half of his 10-year sentence from Placer County for failing to register as a sex offender, a second-strike.

John Sullivan is seen in this Oct. 8, 2019, photo released by the California Department of Corrections and Rehabilitation.

He was found during a head count shortly after midnight and pronounced dead less than 40 minutes later.

Officials said they suspect his 28-year-old cellmate in the death. He has not been charged, but was serving a seven-year sentence from Los Angeles County for first-degree burglary and injury to a dependent adult causing death or great bodily injury.

The Marin County coroner did not immediately provide a cause of death, and corrections officials wouldn’t give more details, citing the investigation.

The Associated Press found in a 2015 analysis that male sex offenders were being killed at a rate double their percentage in the prison population.

San Quentin, north of San Fransico, is California’s oldest prison. It houses the state’s death row, but also general population inmates.

Autopsy: California serial killer known as ‘I-5 Strangler’ was strangled himself in prison


March, 2021 A California serial killer who authorities say strangled and raped at least seven women was fatally choked himself in a state prison, officials said Wednesday.

Roger Reece Kibbe, 81, known as the “I-5 Strangler” in the 1970s and 1980s, was spotted unresponsive Sunday in his cell at Mule Creek State Prison southeast of Sacramento — his 40-year-old cellmate standing nearby.

This Aug. 1, 2013, photo provided by the California Department of Correction and Rehabilitation shows inmate Roger Reece Kibbe.

An autopsy showed Kibbe had been manually strangled, the Amador County Sheriff’s Office said, calling the death a homicide.

No charges have been filed in the death of Kibbe, a former suburban Sacramento furniture maker whose brother was a law enforcement officer.

He was initially convicted in 1991 of strangling Darcine Frackenpohl, a 17-year-old who had run away from her home in Seattle. Her nearly nude body was found west of South Lake Tahoe below Echo Summit in September 1987.

Investigators said then that they suspected him in other similar slayings.

But it wasn’t until 2009 that a San Joaquin County District Attorney’s Office investigator used new developments in evidence to connect him to six additional slayings in multiple Northern California counties, with several victims found alongside Interstate 5 or other highways in 1986. Kibbe was serving multiple life terms for the slayings when he was killed.

Authorities said they never stopped trying to prove that he was responsible for even more deaths. Investigators secretly took him on multiple field trips from prison with the hope that he would reveal the whereabouts of more victims.

They would buy him an egg McMuffin and a Coke for breakfast, another Coke and a hamburger and fries for lunch, Vito Bertocchini, a retired San Joaquin County sheriff’s detective and district attorney’s investigator, told The Sacramento Bee.

Bertocchini spent nearly two decades pursuing Kibbe and thinks he must have killed others during the 10-year gap between his first and last known slayings. Investigators have said they found other women who had been killed and dumped with Kibbe’s trademark of cutting his victims’ clothing in odd patterns.

He was finally captured after Sacramento police said a would-be victim escaped and they recovered a garrote made from a pair of dowels and parachute cord along with scissors and other items.

Investigators said they matched the cord to rope found with Frackenpohl’s body and at Kibbe’s house, all with microscopic dots of red paint. DNA eventually linked him to two other victims, and he agreed to cooperate in exchange for prosecutors taking the death penalty off the table.

Kibbe never admitted to other killings beyond those with which he was charged, but Bertocchini said he never stopped trying to elicit another confession.

Even after he retired in 2012, each year he sent Kibbe birthday and Christmas cards, asking him to speak up if he recalled anything about other victims. He and his old partner last visited Kibbe in prison in 2019, but still he wouldn’t admit to any more victims.

Now it’s too late, but Bertocchini called Kibbe’s death by strangulation “some fitting justice.”

“I don’t wish ill on anyone,” Bertocchini said. “But I hope he remembered every one of his victims while he was being killed.”