Pennsylvania

PENNSYLVANIA-Terry Williams Sentenced to Execution for Killing Two Men Who Sexually Abused Him as a Child – STAYED


Update 09/18/2012 http://articles.philly.com

Lawyers for condemned Philadelphia killer Terrance “Terry” Williams Tuesday afternoon asked the state Board of Pardons to reconsider Williams’ petition for clemency, citing purportedly inaccurate information a prosecutor provided the board at the hearing on Monday.

Though the board voted 3 to 2 for clemency for Williams, 46, who is scheduled for execution on Oct. 3, a unanimous vote was needed for the nonbinding recommendation to be sent to Gov. Corbett.

In a letter to the board, Williams’ lawyers asked for reconsideration because of the way Assistant District Attorney Thomas Dolgenos answered a question from pardons board member Harris Gubernick.

Update 09/18/2012  Board of Pardons rejects killer’s clemency appeal

HARRISBURG — The state Board of Pardons on Monday rejected a bid for clemency from a convicted murderer who is scheduled to become the first person executed by Pennsylvania since 1999.

The case of Terrance Williams has mobilized supporters, who say a history of sexual abuse by several men — including the man whose murder resulted in the death sentence — is reason to stop the execution scheduled for Oct. 3. Separately, a Philadelphia judge has agreed to hear evidence on Thursday about the claims of sexual abuse.

Pennsylvania has not executed someone who contested a death sentence since 1962. After two hours of testimony Monday, three of the five members of the Board of Pardons, including Attorney General Linda Kelly, voted to recommend that Gov. Tom Corbett grant clemency. But a unanimous decision is needed in cases with a sentence of death or life imprisonment, so the two opposing votes, including that of Lt. Gov. Jim Cawley, meant the application was denied.

Williams, now 46, was convicted in 1986 of first-degree murder, robbery and conspiracy in the death of Amos Norwood in Philadelphia. At the hearing on Monday, Shawn Nolan, a federal public defender, said clemency is warranted because Williams had been sexually abused from a young age by several men, including for years by Norwood. Williams also was beaten by his mother and stepfather, Mr. Nolan said.

“Who is Terry Williams?” he said. “He is a man shaped by the horror of his childhood.”

Williams is now is remorseful for his crimes, Mr. Nolan said.

Mr. Nolan also asked the board to heed a statement by Norwood’s widow that she did not want Williams put to death. And he cited statements by several jurors saying they would not have chosen the death penalty had they known of the claims of sexual abuse. Some also said they chose the death penalty because they thought a person sentenced to life could be paroled.

Tom Dolgenos, chief of the federal litigation unit at the Philadelphia district attorney’s office, countered that the Norwood murder was the culmination of an escalating series of crimes by Williams. He said the board should consider that decades of litigation had failed to reverse the sentence. And he asserted that Williams has a record of lying to escape consequences, while also noting that claims of abuse were not raised until years after trial. That delay, he said, was reason to be skeptical.

“The only way to grant clemency here is to accept the truth of these allegations,” he said.

David Lisak, a clinical psychologist who spoke in support of clemency, told the board that it is typical for victims, especially men, to recount past sexual abuse in a piecemeal fashion over a period of time. Several supporters of clemency urged board members to consider the promises made to victims when former Penn State assistant football coach Jerry Sandusky was charged and then convicted of child sexual abuse.

“Is it only some kids who get to be believed?” Mr. Lisak said.

But Mr. Dolgenos asserted that those cases were different, in part because Williams has something to gain by making claims of abuse.

“He has every incentive now to allege them — and to make them up if they didn’t actually happen,” Mr. Dolgenos said.

Proponents of clemency for Williams point to support from former judges and prosecutors as well as child advocates and others to argue the case is unique. An online petition seeking to stop the execution has more than 350,000 signatures, and the state’s Catholic bishops had written in support of commuting the sentence to life in prison.

At the hearing Thursday in Philadelphia, attorneys for Williams will request a stay of execution based on the allegations of sexual abuse. Mr. Nolan said they will argue prosecutors had evidence of sexual abuse that they did not disclose to the defense. The judge’s decision in the request can be appealed to the state Supreme Court.

Two hundred people are on death row in Pennsylvania.

 

September 14, 2012  http://www.opposingviews.com

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Terrance Williams of Pennsylvania has been sentenced to death after killing two men when he was 17- and 18-years old. What the jury did not know, however, was that Williams had been brutally raped as a child by the two men he killed.  

Williams and another teen killed one man just a few months after Williams had turned 18, according to Change.org. He also admitted that he killed another man five months earlier. One man was a church leader and another was a sports booster. The men used their positions to get access to young boys.

Williams was allegedly sexually abused for years by these men, but he was also abused by other older individuals throughout his life. His mother had abused him frequently and his father was absent from the home. His first experience with sexual assault was when he was just six years old, and the abuse continued steadily for the next 12 years of his life.  

He did not receive treatment or help from anyone for the duration of his suffering. 

How do we know these abuse accusations are true — and not just Williams making a calculated attempt at saving his life?

According to The Nation, “It was not until this past winter that another witness would come forward, a former pastor named Charles Pointdexter, who knew Norwood for thirty years. He admitted having known that he had sexually abused teen boys.

“Amos seemed to have lots of close relationships with young men…” he stated in an affidavit signed February 9, 2012, saying that he began to suspect that they were “inappropriate” in nature. A few years before Amos’s death, one of the parishioners, the mother of a 15-year-old boy, told him that he had “touched her son’s genitals” during a car ride and that “Amos had inappropriately touched a number of boys at the church.” Pointdexter kept the knowledge to himself.

Because Williams was embarrassed and ashamed by the abuse, he says he did not present his experiences as evidence for trial. His lawyer also failed to conduct a thorough investigation of Williams’ motivations for killing the men, and ignored obvious signs of sexual abuse.

Many notable people have come forward to state that they would like his sentence to be reduced to life without parole. Among those objecting to his sentencing include the wife of one victim, five jurors from the trial, judges, child advocates, former prosecutors, faith leaders, mental health professionals, and law professors.

Jurors from the trial now say they would not have voted for execution had they known about his experiences with sexual abuse as a child.

A widow of one victim said that she has forgiven Williams and does not want any more deaths to come of the incident. She expressed hope that Governor Tom Corbett, the Board of Pardons, and District Attorney Williams will reduce his sentence to life without parole.

Courts have agreed that Williams’ lawyer failed to give him a fair trial, but they also have stated that evidence of sexual abuse would not have made a difference in the sentencing.

Jurors, however, have signed sworn affidavits saying they would not have voted for death if they had known about his past.

Several jurors have also said that they voted for him to be executed because they believed that, if they had not, Williams would be eligible for release on parole.

However, a life sentence in Pennsylvania means the convicted will never be eligible for parole. Pennsylvania is the only state in the U.S. that does not require judges to explain to the jury that a life sentence means there is no possibility of parole.

No explanation of life sentencing was given at Williams’ trial.

Terry Williams’ death warrant for October 3 was signed by Gov. Corbett last week. Corbett is a Catholic Republican.

DELAWARE – Chester man gets death sentence for ’94 murder – Wayne Smith


June 23, 2012 Source : http://www.delcotimes.com

MEDIA COURTHOUSE — A second Delaware County jury has decided on a death sentence for a Chester man who was convicted nearly two decades ago in the murder of 26-year-old Eileen Jones.

Jurors deliberated for about six hours before returning the repeat-decision for Wayne Smith. The decision capped a life-or-death battle among expert witnesses, which played out this week in a penalty phase trial resulting from Smith’s death-sentence appeal to the state Supreme Court.

Smith, now 56, reportedly showed no reaction when the decision was announced, or when Judge James Bradley remanded him to death row at SCI Rockview — where his death by lethal injection would be imposed. No execution date has been set. The last person to be executed in Pennsylvania was Gary M. Heidnik, on July 6, 1999, under former Gov. Tom Ridge.

Smith is currently serving time in a Greene County prison for the Nov. 18, 1994, strangulation of Jones. The Eddystone mother of two was three months pregnant at the time of death.

Assistant District Attorney Erica Parham, spokeswoman for the D.A.’s office, said she anticipates further legal proceedings.

“However, we are very satisfied with the decision of the jury,” she said. “The jury appropriately determined that the defendant’s prior conviction for voluntary manslaughter of a bar patron with a machete, a commonwealth aggravating factor, outweighed any mitigating factor presented by the defense.”

Under Pennsylvania law, death by lethal injections can only be sought in cases in which aggravating circumstances are present.

Smith was one of two men charged in 1980 in the fatal stabbing of a Chester resident in a bar. He pleaded guilty to a manslaughter charge and served a two- to four-year jail term.

The previous conviction was one of two aggravating circumstances cited by the prosecution in 1995. The second was that Jones’ killing occurred during the commission of a second felony of attempted rape.

Parham noted that Ed Martin, Jones’ father, was in the courtroom throughout the week and left about an hour before the jury returned with a decision, shortly before 7:30 p.m.

“He bravely endured the proceedings this week,” Parham said “He has felt the loss of his daughter since 1994. His presence showed his commitment to justice, and the Office of the District Attorney is just as committed.”

Smith was convicted of first-degree murder in May 1995 and given a death sentence. At that time, after the verdict he turned and apologized to the victim’s family for the strangulation.

“I’ll never forgive myself,” said Smith. “I just hope that in time the family and her kids will forgive me,” he added, while beginning to cry.

Jones’ partially clothed body was fished from the waters of Ridley Creek near Ninth Street — between the Chester and Eddystone border — on Nov. 22, 1994.

During the initial trial, the prosecution claimed Smith killed Jones after she rejected his sexual advances. Defense counsel Raymond Williams argued Smith killed the woman while in a cocaine-induced frenzy.

According to testimony given at trial this week, Smith had made an arrangement with Jones that she would give him sex in exchange for cocaine. After several hours spent with the victim, the sexual encounter occurred in a park near the Ninth Street Bridge, where the victim was later found.

Smith told police that at some point the two began wrestling on the ground, according to a statement read in court. He then became afraid that Jones, who is white, would say Smith had raped her. Smith said he did not believe a jury would believe him because he is black.

He strangled the woman and dragged her to the creek where her body was later discovered. Smith would have had to strangle Jones for two-and-a-half to three minutes to choke the life out of her, according to former Delaware County Medical Examiner Dr. Dimitri Contostavlos.

Smith initially lied to police about the murder, but later confessed, according to a taped statement played for the court.

He appealed the death penalty sentence to the state Supreme Court. The court affirmed the murder conviction in 2010, but ordered a new hearing on the death penalty. Because the murder conviction was upheld, only two options remained open to the new jury: Life imprisonment or death.

full story : click here 

Jerry Sandusky Guilty: Verdict Reached In Child Molestation Trial Of Former Penn State Football Coach


June 22, 2012 Source : http://www.huffingtonpost.com

Jerry Sandusky Guilty Verdict

BELLEFONTE, Pa. — Jerry Sandusky entered the Centre County Courthouse Friday as one of the most celebrated figures in the history of Penn State sports. He left a convicted child molester.

Following two days of jury deliberations, Sandusky was found guilty Friday of molesting several young boys.

The 68-year-old could spend the rest of his life in prison.

Sandusky was convicted of 45 of 48 criminal counts related to the alleged assault of 10 boys over a 15-year period. The allegations led to the ouster of the late Penn State University president and long-time coach Joe Paterno, who died in January.

[Click here for latest updates.]

Prosecutors said Sandusky was a “predatory pedophile” and a “sick, disturbed man,” who targeted “the most vulnerable kids, kids in need.”

Defense lawyer Joe Amendola said Sandusky was the victim of a grand conspiracy and that prosecutors provided no physical evidence to prove he had molested anyone. Because of the allegations, “everything [Jerry Sandusky] ever loved, everything he’s ever built, and everything he’s ever stood for — it’s gone,” Amendola said.

PENNSYLVANIA – Pa. governor signs 3 more death warrants


May 31, 2012 Source : http://abclocal.go.com

HARRISBURG –  Gov. Tom Corbett has signed execution warrants for three men on death row.

  • Darien Houser was convicted of the 2004 killing of a Philadelphia warrant officer attempting to serve a warrant on Houser for failing to appear at his rape trial.
  • John Koehler Jr. is on death row for persuading a teenager to kill Koehler’s girlfriend and her 9-year-old son in Bradford County in 1995.
  • Willie Clayton was found guilty in 1986 of killing two Philadelphia men during separate robberies, two months apart.

Pennsylvania has executed only three people – all of whom chose to end their appeals – since the U.S. Supreme Court restored the death penalty in 1976. The last was in 1999.

PENNSYLVANIA – New trial requested for Fayette man on death row – James W. VanDivne


May 29, 2012 Source : http://triblive.com

Attorneys for a Fayette County man on death row for the 2004 slaying of his former girlfriend say they have found witnesses who contradict the testimony of a key prosecution witness.

The discovery is just one reason James W. VanDivner deserves a new trial or sentencing hearing, according to a petition filed by his attorney, Brent Peck of Uniontown.

In 2007, VanDivner, 63, was found guilty of the July 5, 2004, shooting death of his former girlfriend, Michelle Cable, 41, outside her home in Grindstone. VanDivner also shot Cable’s teenage son, Billy, who survived a bullet wound to his spine.

VanDivner received the death penalty.

“That issue is phenomenal; the eight witnesses we interviewed who were there, who said (Jessica Cable) was not,” Peck said.

Jessica Cable, who is the victim’s daughter, testified at trial she saw VanDivner grab her mother’s hair, shoot her at close range and tell her, “There, you (expletive), I said I was going to kill you and smile and walk away,” according to Peck’s filing.

Peck and his wife, Mariah Balling-Peck, also an attorney, on Tuesday said they spoke with eight witnesses who indicated Jessica Cable was not present when her mother was shot.

The witnesses, none of whom were called to testify at trial, told the attorneys Jessica Cable arrived shortly after the shooting, according to the petition.

In addition, the Pecks said they found a retired school administrator who backs up earlier defense claims that VanDivner likely was diagnosed with mental retardation prior to age 18.

By law, such individuals cannot be sentenced to death, Brent Peck said.

VanDivner attended special-education classes while enrolled in the Frazier School District, according to the Pecks.

At trial, prosecutors said the placement resulted from behavioral issues, and was not based on tests for mental retardation.

Although the school has no records of any intelligence tests being given to VanDivner, Brent Peck said he has found a retired administrator who indicated only students with an IQ of 75 or less were placed in special-education classes.

Behavioral problems were not taken into consideration, according to the former administrator, Peck said.

“Their argument he was in special education because of behavioral issues was completely unfounded and completely off the wall,” Brent Peck said.

With the mental retardation threshold pegged at 70, plus or minus 5, VanDivner would have fallen into that category as a child, Brent Peck said.

A hearing has not yet been scheduled on the petition. VanDivner is on death row at the State Correctional Institution in Greene County.

In June 2010, former Gov. Ed Rendell had signed an execution warrant for VanDivner, but a stay was issued.

Ray Krone – off death row, man shares experiences


A York County, Pa., man who was wrongly convicted of murder is now off death row and Monday night he talked about his experience with the students of Albright College.

Ray Krone spent a decade in prison and when he was released he said maybe it’s not about the 10 years he lost but what he does with the next 10 years.

“I’m just thankful they didn’t execute me before I had a chance and my family had a chance to bring me home again,” said Krone.

Ray Krone said prior to being convicted in 1992 for murdering a bar manager in Phoenix, Ariz., he didn’t have a criminal record and never questioned the criminal justice system.

Read more : wfmz.com