Leon Benson – falsefy imprisoned


Take the time to read Leon Benson’s website,, take action sign the petition and share when possible.

 We  can not allow a person imprisoned which should be free !

Leon Benson website :http://www.freewebs.com/freeleonbenson/

Upcoming – Executions – May 2012


Dates are subject to change due to stays and appeals

May

5/1/2012

Michael Selsor

Oklahoma

       Executed  6:06 p.m

5/2/2012

Anthony Bartee

Texas

           Stay

5/9/2012

Todd Wessinger

Louisiana

           Stay

5.13.2012

Eric Robert

South Dakota

           Stay

5/16/2012

Steven Staley

Texas

STAY

5/16/2012

Samuel Villegas Lopez

Arizona

            STAY  june 27

Utah – Michael Anthony Archuleta – execution april 5, 2012 (Stay likely)


   Michael Anthony Archuleta

Archuleta’s case

On October 25, 1988, Lance Conway Wood, newly released from the Utah State Prison, moved into the Cedar City two-bedroom apartment of his girlfriend, B. Stapely, and her roommate, P. Jones. Soon after, Michael Anthony Archuleta, also just released from prison, moved into the same apartment to be with his girlfriend, P. Jones. Wood and Archuleta had known each other in prison.

On November 21, 1988, Wood and Archuleta purchased soft drinks at a local convenience store. After adding whiskey to their drinks, the two men engaged in a conversation with Gordon Church, who was seated in his car in a nearby parking lot. Church drove Wood and Archuleta up and down Main Street and then up Cedar Canyon. After returning to Cedar City, Church left Wood and Archuleta at their apartment complex. Wood and Archuleta walked to the apartment of Anthony Sich, who lived above the apartment rented to Stapely and Jones. Wood told Sich that he was going into the mountains and asked if he could borrow a pair of gloves. Sich sent Wood to retrieve the gloves from his car, and while Wood was outside, Church returned and invited him and Archuleta to go for another drive.

Church drove Wood and Archuleta back to Cedar Canyon and pulled off the road. Wood and Archuleta exited the car first and began to walk down a path. Archuleta told Wood that he wanted to rob Church, and Wood acquiesced. Church overtook the two men, and the three continued walking up the trail. As the men started back down the trail toward the car, Archuleta grabbed Church and put a knife to his neck. Although Wood attempted to stop Archuleta by grabbing his arm, Archuleta made a surface cut on Church’s neck. Church broke free and ran, but Archuleta chased after and tackled him, again putting the knife to his neck and threatening to kill him. Archuleta cut Church’s throat again so that the two cuts formed an “X” on the front ofChurch’s neck. 

Archuleta bent Church forward over the hood of the car and, with the knife still at Church’s throat, had anal intercourse with him. At Church’s request, Archuleta used a condom. Archuleta then turned to Wood, who was standing by the trunk of the car, and asked if he “wanted any.” Wood declined. Archuleta went to the trunk of the car and opened it. He told Wood that he was looking for something with which he could bind Church. Wood removed a spare tire and a fan from the trunk, while Archuleta retrieved tire chains and battery cables. Wood remained at the rear of the car, while Archuleta returned to the front, where he wrapped the tire chains around Church. Archuleta also fastened the battery cable clamps to Church’s genitals. Wood maintained before and at trial that he removed the clamps from Church as soon as he realized what Archuleta had done.

Archuleta led Church to the rear of the car and forced him into the trunk. Wood and Archuleta replaced the spare tire and fan and drove to a truck stop near Cedar City where they purchased gas. They continued north on Interstate 15 until they reached the Dog Valley exit. They parked along a deserted dirt road where Archuleta told Wood, “You know we have to kill him.”

Archuleta removed Church from the trunk and attempted to kill him by breaking his neck. When that failed, Church suffered several blows to the head with a tire iron and a jack. The tire iron was then shoved and kicked so far into Church’s rectum that it pierced his liver. A state medical examiner testified that Church was killed by injuries to the head and skull due to a blunt force and internal injuries caused by the tire iron inserted into Church’s rectum.

Wood told police that he waited inside the car while Archuleta killed Church. Evidence adduced at trial, however, showed that Wood’s pants and jacket were splattered with blood in a cast-off pattern indicating that during the beating, Wood was within two or three feet of Church, and that Wood was facing Church when the blows were struck. A blood spot appeared on the back of Archuleta’s jacket, and Wood’s shoes bore a transfer or contact blood stain caused by contact with a bloody object. Investigators found strands of human hair consistent with Church’s hair wrapped around Wood’s shoelaces. The injuries to Church’s lower jaw were consistent with being kicked by someone wearing Wood’s shoes. Three paired lesions on Church’s back were caused by a dull-tipped instrument such as some red-handled side cutters found in the pocket of Wood’s jeans.

After Church died, Wood and Archuleta dragged his body to some nearby trees, where they covered it with branches. They swept their path with branches on the way back to the car to conceal any footprints. With Wood at the wheel, the pair again drove north on I-15. They abandoned Church’s car in Salt Lake City.

Wood called his friend C. Worsfold and asked if he and Archuleta could come to her apartment for a few minutes. When the men arrived at the apartment, Worsfold immediately noticed that Archuleta’s pants were caked with blood. Wood explained that they had been rabbit hunting the night before, their car had broken down, and they had hitchhiked to Salt Lake. The two men then went to a thrift store, where Archuleta bought some clean pants and repeated the rabbit hunting story to the store clerk.

Archuleta discarded his bloody jeans in a drainage ditch near the 45th South on-ramp to I-15 in Salt Lake County. He and Wood then went into a nearby Denny’s restaurant, where Wood left the gloves he had borrowed from Sich. After eating, the two hitchhiked as far as the Draper exit, where Archuleta pulled out Church’s wallet, scattered its contents, and handed the wallet to Wood. They next hitchhiked to Salem, where they visited Archuleta’s father. From there, they hitchhiked to Cedar City, arriving at about 11:30 p.m.

Wood immediately went upstairs to Sich’s apartment and told him about the murder. When Sich advised him to contact the police, Wood responded, “Maybe I could get some kind of federal protection.” Sich and Wood walked to a local convenience store, where Wood called B. Stapely, who was in Phoenix, and told her that Archuleta had killed someone. Stapely contacted John Graff, Wood’s parole officer, and told him to call Wood at the store. Graff called Wood and arranged to meet him at the convenience store. Just before Graff’s arrival with the police, Wood discarded Church’s wallet.

Wood and Sich accompanied Graff and a police officer to the corrections department office, where Wood recounted the events of the previous night.

The police arrested Archuleta for the murder and, after several interviews with Wood, also charged Wood with murder in the first degree, aggravated sexual assault, object rape, forcible sexual abuse, aggravated kidnapping, aggravated assault, and possession of a stolen vehicle.

feb,22, 2012,  source :http://universe.byu.edu

A death row inmate is asking a Utah judge for a stay of an April 5 execution by firing squad while he pursues a review of his state conviction and sentence in the federal courts.

Attorneys for Michael Anthony Archuleta filed a notice of his intention to file a habeas corpus petition on Feb. 10 in Salt Lake City’s U.S. District Court. Such requests consider whether a person’s conviction and sentence are constitutional.

Court papers say Archuleta, 49, is entitled to a stay while federal courts review the case.

Archuleta has not previously appealed his 1989 capital conviction in the federal system. Five state court appeals have been rejected, however — the last in November.A state judge signed a death warrant on Feb. 8 for Archuleta’s execution. A federal judge has not yet set a date for a hearing. The case had been filed under seal until last week.Assistant Attorney General Tom Brunker on Tuesday told The Associated Press the state does not oppose a stay of Archuleta’s execution.

Court papers filed to date by Archuleta’s attorneys do not indicate what arguments they will mount in asking the federal court to consider the case.

feb 9 2012,  source :http://www.abc4.com

SALT LAKE CITY (ABC 4 News) – A judge has signed the execution warrant for Utah man on death row. Michael Archuleta was convicted for the brutal torture and murder of a homosexual man in 1989.

Archuleta was convicted and sentenced to death in 1989.

On Wednesday, Fourth Circuit Judge Donald Eyre ruled that Archuleta’s appeals to the U.S. and Utah supreme courts had been denied and that no state action prevented Archuleta’s execution.

The judge set Archuleta’s execution for April 5, 2012.

Archuleta had the option of choosing the manner of his execution. and picked a firing squad.

Court documents show that Archuleta and an accomplice kidnapped 28-year-old Gordon Ray Church, a Southern Utah University theater student who had confessed to being gay in 1988.

Court documents show that Archuleta and his accomplice put Church in a car trunk and drove to a remote Millard County area, where they attached jumper cables to Church’s testicles and shocked him with a car battery before raping him with a tire iron, beating him and burying him in a shallow grave.

Archuleta’s accomplice was given life sentence for his role in the murder.

news video : http://www.ksl.com

Supreme court of Utah

June 26, 1998

November 7, 2008 

November 22, 2011 

Death penalty assessed against Chris Collings in Rowan Ford murder


march, 23  source : http://www.joplinglobe.com

                                                                               Rowan Ford

videotape  from Chris Collings confession click here 

ROLLA, Mo. — Chris Collings did not appear to take it all that hard Friday night when Circuit Judge Mary Sheffield read the verdict, that the jury had decided he should pay the ultimate penalty for the murder of 9-year-old Rowan Ford.

His attorney, Charles Moreland, stood next to Collings, 37, as the death sentence was pronounced.

The defendant seemed intently interested as jurors filed back into the courtroom with their decision at 6:17 p.m., just as he had been throughout the two-week trial in Rolla. Still, his face betrayed little of what he might have been thinking in reaction.

If anything, he seemed prepared for the outcome.

A jury of seven women and five men chosen in distant Platte County and sequestered to hear the Barry County case required just 48 minutes of deliberation in the penalty phase after taking about four hours Tuesday night to find Collings guilty of first-degree murder.

The judge and bailiff ordered the courtroom and courthouse cleared after the reading of the verdict, and jurors were not immediately available for comment. But, outside the courthouse, Clint Clark, the Wheaton police chief and a key figure in the investigation of the girl’s murder, stopped to talk with reporters.

Either way would have been difficult,” Clark said of the jury’s two choices in the penalty phase, either life without parole or the death penalty. “I believe in God, and I believe what the Bible says, ‘An eye for an eye.’”

He said it would have been a difficult decision for him to make, knowing Collings as well as he does, just as no doubt difficult for each of the jurors who made the decision. He said he can hate only what Collings did, and not the defendant himself, whom Clark has known most of his life.

“But I can’t look at my children without thinking of Rowan,” Clark said.

Prosecutor Johnnie Cox told jurors during closing arguments that life is about choices. Sometimes those choices get made for us, he said. Sometimes circumstances are more in control of what happens to us than we are, he said.

Collings was in control of what he did the night of Nov. 2, 2007, the prosecutor said. He made a conscious decision to return to Stella and snatch Rowan Ford from her room “like a thief in the night,” he said.

The state asked the jury to consider three possible aggravating circumstances that would put the death penalty on the table for their consideration. Jurors unanimously decided the prosecutors had proved the involvement of torture or depravity of mind in the crime and that the girl was killed because of her potential as a witness against the defendant.

The proposed aggravating circumstance that the jury did not unanimously agree on concerned whether the murder was committed while in the act of rape.

Cox had argued that the defendant acknowledged there was torture involved in his strangling of the girl when he admitted to investigators that she did not die quickly. The prosecutor also reminded jurors that the forensic pathologist who performed the autopsy thought the sexual assault that preceded her killing would have been especially painful to the prepubescent victim.

Cox urged the jury “not to reward (Collings) for avoiding an investigation by killing her.”

“Mercy is something given by the powerful to the weak and innocent,” Cox said.

Collings had all the power that night, he said. Rowan Ford was weak and innocent. Collings showed her no mercy that night, he said. Cox asked jurors to show Collings no mercy in their decision on the punishment he should receive.

The defense argued in the penalty phase that Collings had taken responsibility for his crime and exhibited remorse over the course of four confessions made to investigators the day her body was recovered.

Defense attorney Charles Moreland also called attention to the alleged involvement of the girl’s stepfather, David Spears, 29, who also confessed to participating in the rape and murder in contradiction to Collings’ claim that he acted alone.

“How do you reconcile these two (separate) confessions?” he asked during closing arguments. “They can’t both be true.”

He suggested there were just three possibilities. Investigators may have lied when they told Collings during his interrogation that Spears had confessed, hoping that he would inculpate Spears, he said. Or Spears may have been an innocent man who falsely confessed. Either of those possibilities would be mitigating with respect to Collings, because both would mean that he stuck to the truth despite being given the opportunity to shift some of the blame to someone else, Moreland said.

The third possibility is that investigators were telling the truth — Spears’ confession was genuine and Collings has been taking the blame for more than what he actually did, Moreland said. He suggested there was some evidence to support this third scenario.

The defense called a canine search specialist to testify Thursday that her dogs detected the scent of human remains on the driver’s seat and rear cargo area of a Chevrolet Suburban that Spears borrowed from his mother the night of the murder.

In his rebuttal, Cox attacked the suggestion as a calculated “distraction” on the part of the defense, even though Spears remains charged with capital murder just like Collings and is scheduled to be tried in Pulaski County later this year.

“David Spears is not on trial (here) and has nothing to do with this defendant’s punishment,” Cox said.

The defense called Wanda Draper, a human development specialist and professor emeritus at the University of Oklahoma College of Medicine, as a final witness in the penalty phase to testify that Collings suffered severe emotional neglect during his prenatal period and the first six months of his life.

Draper told jurors that the parental neglect led to confusion, separation anxiety and betrayal trauma throughout his childhood, and ultimately brought about disorganized attachment disorder. She described the disorder as developmental and not a mental illness. She attributed the disorder to a number of stressors at various stages in his life and said it left Collings stuck at an emotional age of about 14 or 15.

Cox told jurors in closing arguments that Collings’ life may not have been perfect, but “he didn’t have it any worse than a lot of other people.”

“We are not trying a 14- or 15-year-old boy,” Cox said. “Don’t get pulled into that.”

Abuse

Chris Collings told Wanda Draper, a human development specialist who interviewed him in 2009 at the request of defense attorneys, that he tried to commit suicide when he was 7, was molested by a baby sitter when he was 13 and sodomized by one of his birth mother’s husbands at the age of 14.

Draper acknowledged on cross-examination by Prosecutor Elizabeth Bock that there was no record of any of those claims among the many records on Collings that she reviewed, and he made all those claims to her after having been charged with Rowan Ford’s rape and murder.

Alabama – Carey Dale Grayson – execution – april 12, 2012 DELAYED


source : Court of criminal appeals of alabama  november 1999

The trial court made the following findings of fact concerning the crime and the appellant’s participation in it:

“On the night of [February 21, 1994,] Vickie Deblieux, age 37, was dropped off by a friend on I-59 near Chattanooga, Tennessee, to hitchhike to her mother’s home in Louisiana.

Four teenagers, the defendant ( Carey Dale Grayson), Kenny Loggins, Trace Duncan, and Louis Mangione, all who had been drinking alcohol and using drugs, saw her hitchhiking on I-59 at the Trussville exit in Jefferson County, Alabama. They offered to take her to Louisiana;  instead they took her to a wooded area, on the pretense of picking up another vehicle.“After arriving in this area, they all got out of the vehicle, and began to drink. The defendant, along with the others threw bottles at Ms. Deblieux, who began to run from them. They tackled her to the ground and began to kick her repeatedly all over her body. When they noticed that she was still alive, one of them stood on her throat, supported by the Defendant, until she gurgled blood and said ‘Okay, I’ll party,’ then died.

They then put her body in the back of a pickup truck and took her and her luggage to Bald Rock Mountain, after removing her clothing and a ring, and they played with her body and then threw her off a cliff.

They then went to a car wash in Pell City to wash the blood out of the truck.  After rummaging through her luggage, they hid the luggage in the woods.

“On their return to Birmingham, they took Mangione home and then returned to Bald Rock Mountain, where they began to mutilate the body by stabbing and cutting her 180 times, removing part of a lung, and removing her fingers and thumbs.

“The next morning defendant’s girlfriend found the three of them in Birmingham asleep in the truck all covered in mud and blood.   The defendant told her they got blood on them from a dog.

“On [February 26, 1994,] three rock climbers found Ms. Deblieux’s body and called the police.  Her body was taken to the medical examiner’s office.

“The medical examiner found the following injuries;  almost every bone in her skull was fractured, every bone in her face was fractured at least once, lacerations on the face over these fractures, a missing tooth, left eye was collapsed, right eye was hemorrhaged, tongue discolored, 180 stab wounds (postmortem), two large incisions in her chest, her left lung had been removed and all her fingers and both thumbs were cut off.

“The medical examiner opined that the cause of death was blunt force trauma to the head and that she was alive during the beating.

“All defendants were later arrested after Mangione began showing one of Ms. Deblieux’s fingers to friends.

“Defendant’s Case:

Ralph Wiley, the defendant’s uncle testified that he was disabled because of a bipolar disorder, which is a prevalent disorder in the defendant’s family. That Defendant’s mother died when he was age three and his father has been married four or five times.  He had not been around defendant in many years.

“Dora Roper, the defendant’s second cousin testified that her mother had mental problems for which she had to be hospitalized.

“Jan Arnett, testified that she was defendant’s junior high school teacher when he was ages 13-16.   That he was hyperactive in class, not interested in school, and wouldn’t do classwork or homework․ She tried to get defendant’s father to help the defendant.   That defendant was not violent and knew right from wrong․

“Dr. Rebert, a forensic psychologist for the State of Alabama, Department of Mental Health, opined that the defendant at the time of the incident suffered from a mental disease or defect. She described this as a bipolar disorder and said he was in a manic state at the time of the incident;  however, he did know the difference between right and wrong and was able to appreciate the nature and quality or wrongfulness of his acts.

“Dr. Goff, a private psychologist who opined that at the time of the incident the defendant suffered from a mental disease or defect, bipolar I disorder, which involves extreme mood swings. However, the defendant did know right from wrong but would not be able to respond to the rightness or wrongness of his acts.

“Jan Deblieux, the victim’s mother testified that she was not involved in a lawsuit filed by her daughter’s estranged husband.”

The record further indicates that, although the investigation originally involved suspects in Chattanooga because the victim was from that area, the investigation eventually led the police to the Jefferson County jail, where the appellant was incarcerated. He was interviewed by the police at the jail where he agreed to give a statement, indicating that “they were not hanging this case on him and [he wanted] to tell his side of the story.” The appellant then gave the following statement which was admitted at trial:

“Kenny, T.R., Louis and myself were all drinking very heavily when T.R. and Louis suggested that we get into a fight.  We left and went riding around and found a hitchhiker at I-59 exit in Trussville, Alabama. We picked her up and took her to the pipeline․  Medical Center East. We were all talking when she made a remark about killing us all when I threw a beer bottle at her, then Kenny hit her with his bottle, Louis hit her with his and T.R. with his.  After that she began to run when Kenny got her in the back of the head with another bottle, causing her to fall. We all ran over and began to kick her and hit her. When she stopped moving, Kenny saw she was still alive and stood on her throat [until] she died. Then we took her to Pell City and left the body. We then went to the car wash and washed out the bed of Kenny’s truck and we took Louis home. When we got back to my car, T.R. and Kenny asked me to show them the way to the body and I did.  When we got there, T.R. and Kenny began to mutilate the body by cutting off the fingers and cutting open the stomach. T.R. had found a bottle and shoved it into the [vagina] while Kenny took out her eyes. After this we dumped the body and left for T.R.’s house. Kenny and I returned to my car and we went ․ to Hardee’s in Chalkville and all three of us fell asleep in the truck, where Kenny’s girlfriend woke us up later that morning.”

Upon further questioning, by the authorities, the appellant made other statements concerning the details of the offense.  The appellant stated that while T.R. was standing on the victim’s throat, he placed his hands on the appellant for balance.  He further indicated that, when they dumped the victim’s clothes over the cliff, T.R. took some of the clothing and Kenny took a ring from the victim. The appellant indicated that he took nothing from her. The appellant was then asked why he and his accomplices had killed the victim;  the appellant responded that he did not know why they had killed her, “but it was not his problem.” The officer who took the appellant’s statement noted that he was very cooperative and that his attitude was “almost one of humor. He had a smile during the entire time we were speaking with him.”

The appellant argues that the trial court committed reversible error by refusing to allow the defense to question a State’s witness concerning a civil suit involving the appellant, because, he says, this questioning would have tended to show the bias of the witness. Specifically, the appellant argues that he was improperly prevented from questioning the victim’s mother, Jan Deblieux, concerning a wrongful-death action that had been filed by the victim’s estranged husband against the Miller Brewing Company. The appellant argues that the suit was being brought by the decedent’s estate and that the decedent’s mother clearly had a financial interest in the civil suit, and allowing him to question her about it would prove her bias in seeing that the appellant was convicted.

The record indicates that the victim’s mother had testified during the State’s case-in-chief to establish that the victim was her daughter, and had also testified that, just before the offense, the victim had telephoned her, stating that she would be traveling home to Louisiana very shortly, by bus or by plane. The witness further testified that she never heard from her daughter after that conversation.  There after, during the appellant’s presentation of his defense, the victim’s mother was called as a witness. She was asked whether she knew an attorney who had been hired by her daughter’s estranged husband.  She stated that she had not met with the attorney, nor had she participated in hiring him. More over, when asked if she was “familiar with the nature of the lawsuit filed on behalf on the decedent,” the victim’s mother responded that she had received “a pack like this,” indicating a large stack of materials, but that she had “no idea what it means.”  The prosecutor objected to the questioning on the grounds of relevance and defense counsel asked to make a proffer as to what he expected the evidence to show.  The trial court then allowed defense counsel to make his statement outside the presence of the jury. Defense counsel stated that they sought to admit a certified copy of the complaint and other papers in the lawsuit as well as testimony concerning it, because the lawsuit sought to hold Miller Brewing Company responsible for the victim’s death, because the appellant and his accomplices were drinking Ice House beer to the point of intoxication which caused the death.   Thus, defense counsel argued that the lawsuit, filed by the ex-husband, portrayed the death as caused by intoxication rather than by the appellant’s “meanness” or as part of a satanic ritual, both of which were suggested as causes by the State’s evidence. Defense counsel stated that convicting the appellant would further the victim’s mother’s cause in her lawsuit and therefore affected her bias and credibility, because she had a financial interest in the outcome of the criminal case.

full article click here

april 09, 2012  source : http://www.therepublic.com

The scheduled Thursday execution of Alabama death row inmate Cary Dale Grayson has been delayed by the Alabama Supreme Court.

The Alabama Department of Corrections said the Supreme Court had stopped the execution Monday. Officials with the AlabamaAttorney General’s office could not be reached for comment on whether the state would appeal the decision. Last month the 11th U.S. Circuit Court of Appeals stopped the scheduled execution of death row inmate Tommy Arthur after his attorneys challenged a change that had been made to the drugs used in Alabamaexecutions.

Grayson was one of four teenagers convicted for the 1994 torture and murder of Vicki Lynn DeBlieux, who was hitchhiking on Interstate 59. She was beaten and her body was thrown off a cliff and later mutilated.

feb.24, 2012  sourcehttp://www.dailyhome.com

A Birmingham man convicted of a 1994 murder that was discovered in St. Clair County received his execution date from the Alabama Supreme Court on Thursday.The court ordered that Carey Dale Grayson, now 37 years old, be executed by lethal injection on April 12 at Holman Prison in Atmore. Grayson is on death row for the Feb. 21, 1994, kidnapping and murder of Vicki Lynn Deblieux. Grayson was one of four men charged with torturing and killing Deblieux and throwing her body off Bald Rock Mountain, between Odenville and Pell City.

St. Clair County chief investigator Joe Sweatt said he remembers the case as “one of the most horrific murders” to ever occur in the area.

It’s one I’ll always remember,” Sweatt said. “She was hitchhiking on I-59 back to Louisiana, back to her mother’s house.

The murder actually happened in Jefferson County, and they dumped her body in St. Clair County. They actually mutilated the body … trying to make it hard to identify.”

Sweatt said he recalled that all four of the men involved were teenagers, and all were from the Birmingham area. Grayson, the oldest, was 19 at the time.

The truck they hauled her body in, they went to Pell City to the car wash across from the high school and pressure washed the back of the truck and threw some of her belongings in the woods back there,” Sweatt said. “We signed petitions on them here in St. Clair, but we actually had to transfer them in Jefferson County. We had to certify them as adults and went through four separate trials.”

According to Sweatt, the three others involved in the crime were initially sentenced to death, but received life in prison without the possibility of parole.

ARIZONA – Thomas Arnold Kemp – execution – april 25


Inmate #099144

Summary of Offense:

On July 11, 1992, Kemp and Jeffrey Logan kidnapped Hector Juarez, 25. Kemp used the Juarez’s ATM card to withdraw $200. Kemp and Logan then drove Juarez to Silverbell mine northwest of Tucson, and either Kemp or Logan shot the him one or more times in the head.
Several days before this offense, Kemp had purchased a .380 semi-automatic handgun and told Logan that he needed money to pay bills, and was going to look for someone with money.

Case from court

On July 11, 1992, at approximately 11:15 p.m., Hector Juarez awoke when his fiancee, Jamie, returned from work to their residence at the Promontory Apartments in Tucson. A short time later, Juarez left to get something to eat. Jamie assumed he went to a nearby fast food restaurant. At around midnight, Jamie became concerned that Juarez had not come home and began to look forhim. She found both her car and his car in the parking lot. Her car, which Juarez had been driving, was unlocked and smelled of fast food; the insurance papers had been placed on the vehicle’s roof. After checking with Juarez’s brother and a friend, Jamie called the police. Two or three days before Juarez was abducted, Jeffery Logan, an escapee from a California honor farm, arrived in Tucson and met with Petitioner. On Friday, July 10, Logan went with Petitioner to a pawn shop and helped him buy a .380 semi-automatic handgun.Petitioner and Logan spent the next night driving around Tucson. At some time between 11:15 p.m. and midnight, Petitioner and Logan abducted Juarez from the parking area of his apartment complex

At midnight, Petitioner used Juarez’s ATM card and withdrew approximately $200. He then drove Juarez out to the Silverbell Mine area near Marana. Petitioner walked Juarez fifty to seventy feet from the truck, forced him to disrobe, and shot him in the
head twice.Petitioner then made two unsuccessful attempts to use Juarez’s ATM card in Tucson. The machine kept the card after the second attempt. Petitioner and Logan repainted Petitioner’s truck, drove to Flagstaff, and sold it. They bought another .380 semiautomatic handgun with the proceeds. While in Flagstaff, Petitioner and Logan met a man and woman who were traveling from California to Kansas. They abducted the couple and made them drive to Durango, Colorado; in a motel room there,Petitioner forced the man to disrobe and sexually assaulted him. Later, Petitioner, Logan, and the couple drove to Denver, where the couple escaped. Logan and Petitioner separated. Logan subsequently contacted the Tucson police about the murder of Juarez. He was arrested in Denver.With Logan’s help, the police located Juarez’s body.Later that day, the police arrested Petitioner at homeless shelter in Tucson. He was carrying the handgun purchased in Flagstaff and a pair of handcuffs. After having been read his Miranda rights,
Petitioner answered some questions before asking for a lawyer. He admitted that he purchased a handgun with Logan on July 10. He said that on the day of the abduction and homicide he was “cruising” through apartment complexes, possibly including the
Promontory Apartments. When confronted with the ATM photographs, he initially denied being the individual in the picture. After having been told that Logan was in custody and again having been shownthe photographs, Petitioner said, “I guess my life is over now.”

read more click here

april 9, 2012 source :http://www.abc15.com

PHOENIX – An Arizona inmate set to be executed this month for killing a Tucson college student after robbing him in 1992 has declined to seek mercy from the state’s clemency board.

Thomas Arnold Kemp, 63, is set to be executed by lethal injection at the state prison in Florence on April 25.

Daisy Kirkpatrick, an administrative assistant at the Arizona Board of Executive Clemency, told The Associated Press on Monday that Kemp recently declined to petition the board for a lighter sentence.

Kemp’s Tucson attorney, Tim Gabrielsen, did not immediately return a call for comment.

Every inmate executed in Arizona has the right to petition the Arizona Board of Executive Clemency to either reduce their sentence to life in prison or delay their execution for more legal wrangling.

No inmates in recent history have declined to seek mercy from the board.

This is not the first time Kemp has refused to argue for leniency for himself.

During his sentencing trial two decades ago, Kemp was supposed to explain to the court why he didn’t deserve the death penalty. Instead, he expressed his contempt for his victims, reporters who wrote about the story and the prosecutors on his case.

“I don’t show any mercy, and I am certainly not here to plead for mercy,” he said. “I spit on the law and all those who serve it.”

Kemp was sentenced to death for kidnapping 25-year-old Hector Soto Juarez from outside his Tucson apartment on July 11, 1992, and robbing him before taking him into a desert area, forcing him to undress and shooting him twice in the head.

Juarez had just left his apartment and fiancee to get food when Kemp and Jeffery Logan spotted him. They held him at gunpoint and used his debit card to withdraw $200 before driving him to the Silverbell Mine area near Marana, where Kemp killed Juarez.

The two men then went to Flagstaff, where they kidnapped a married couple traveling from California to Kansas and made them drive to Durango, Colo., where Kemp raped the man in a hotel room. Later, Kemp and Logan forced the couple to drive to Denver, where they escaped. Logan soon after separated from Kemp and called police about Juarez’s murder.

Logan led police to Juarez’s body, and Kemp was arrested.

Kemp has argued that his conviction was unfair because then-prosecutor Kenneth Peasley repeatedly told jurors that Kemp’s homosexuality was behind Juarez’s kidnapping and murder, and that the jury hadn’t been properly vetted for their feelings about gay men.

Kemp told the judge just before he was sentenced that he should have killed Logan when he had the chance and that he had no regrets.

“The so-called victim was not an American citizen and, therefore, was beneath my contempt,” he said and then referred to Juarez using a racial slur for Mexicans. “If more of them ended up dead, the rest of them would soon learn to stay in Mexico where they belong.”

Mississippi – Joseph Patrick Brown loses post-conviction claims


march 23,2012  source : http://www.hattiesburgamerican.com

The Mississippi Supreme Court has sided with an Adams County judge who ruled death row inmate Joseph Patrick Brown was not unfairly treated when his attorneys decided against pursuing a mental evaluation of their client.

The Supreme Court, in a 5-4 decision Thursday, agreed with Circuit Judge Isadore W. Patrick that Brown’s attorneys “had not acted deficiently so as to satisfy a claim of ineffective assistance.”

In 2009, Brown‘s case was among nine death row post-conviction appeals in which the Supreme Court asked trial judges why they had not ruled – or scheduled hearings.

Brown’s claims of ineffective counsel were heard in Adams County Circuit Court in 2004. But no ruling was issued. Patrick, who was appointed to the case by the Supreme Court, issued a ruling denying the petition in 2010.

In a post-conviction petition, an inmate argues he has found new evidence – or a possible constitutional issue – that could persuade a court to order a new trial.

The Supreme Court asked Patrick to determine if there was merit to Brown’s complaint about his attorneys’ failure to ask questions about a state mental examination or to pursue an examination themselves.

Chief Justice Bill Waller Jr., writing for the court’s majority, said Thursday that Brown’s attorneys, after talking with doctors from the state mental hospital where Brown was examined, decided “not to have the doctors produce a report after determining that such report would be more harmful than helpful.”

Waller said that decision was courtroom strategy; a case, he said, “where a conscious decision was made to go forward with certain witnesses but not others.”

Four dissenting justices said it appeared Brown was not given all the material and records he needed to support his claims.

Brown was convicted and sentenced to death in Adams County in 1994 for the killing of a convenience store clerk in Natchez.

Prosecutors said Brown and his girlfriend were driving around Natchez on Aug. 8, 1992, looking for drugs when they pulled into the Charter Food Store where Martha Day worked.

Brown’s girlfriend testified that she saw Day grab her chest and fall after Brown approached the counter. The woman said Brown returned to the car with a cash register and other items.

Police said Day was shot four times and died at the scene.

Mississippi Supreme Court opinion read here

Iowa – Angela Johnson spared from death row


march, 24  source : http://www.omaha.com

IOWA CITY (AP) — A judge removed one of two women from federal death row on Friday, saying lawyers for the Iowa woman convicted in the 1993 execution-style murders of five people failed to present evidence about her troubled mental state that could have spared her from execution.

In a 448-page ruling, U.S. District Judge Mark Bennett threw out Angela Johnson’s death sentence, saying her defense lawyers were “alarmingly dysfunctional” during the 2005 trial that made her the first woman to be sentenced to death in the federal system since the U.S. Supreme Court reinstated the punishment in 1976.

Attorney General Eric Holder and aides must determine within 60 days whether to appeal or continue seeking the death penalty for Johnson, said Assistant U.S. Attorney C.J. Williams, who prosecuted the case.

If they do not appeal, there will be a trial to determine whether Johnson, 48, will be sentenced to death. In that trial, her lawyers would be allowed to present evidence about her mental health that was omitted in 2005. If they decline to seek the death penalty, Bennett could sentence Johnson to life in prison without parole.

Bennett’s ruling doesn’t throw out her convictions; he said evidence of her guilt was overwhelming. Johnson and boyfriend Dustin Honken committed the murders to thwart a federal investigation that threatened to end Honken’s reign as one of the Midwest’s largest methamphetamine kingpins, and buried the bodies to cover them up.

After separate trials, jurors sentenced Honken to death for the murders of two children while Johnson was sentenced to death on four counts. Both were to die by lethal injection.

The bodies of the victims — drug dealers-turned-government witnesses Terry DeGeus and Greg Nicholson; Nicholson’s girlfriend, Lori Duncan; and Duncan’s daughters, Kandi, 10, and Amber, 6 — were found in shallow graves near Mason City in 2000. They were discovered after Johnson, serving time on drug charges, sketched out a locator map to a jailhouse informant.

Prosecutors said Johnson posed as a saleswoman to gain access to Duncan’s home in 1993, days before Honken was to plead guilty to drug charges. Honken and Johnson forced Nicholson to make a videotaped statement exonerating Honken. Afterward, they took him, Duncan and her children to a field and shot each of them in the back of the head at close range.

A month later, Johnson lured DeGeus, a former boyfriend, to a secluded location where Honken shot him several times and beat him with a baseball bat.

Bennett said that he understands his ruling will upset victims’ families, but Johnson’s defense was so riddled with missteps that her rights were violated.

“I believe that I have done my duty, in light of what is required by the Constitution — the foundational document of our nation’s enduring freedoms, including the right not to be put to death when trial counsel’s performance was so grossly constitutionally inadequate,” he wrote.

During the penalty phase of Johnson’s trial, Bennett said defense lawyers failed to present expert testimony about her mental health at the time of the murders that could have helped explain her involvement to jurors. He said they should have presented evidence about the impact of serious brain impairments, personality disorders and her prior methamphetamine use.

Bennett said defense lawyers also failed to present evidence that could have undercut the prosecution’s claim that she participated in DeGeus’ killing out of revenge, because of their prior relationship’s abusive nature. He said they should have had experts argue she was suffering from battered woman’s syndrome and wouldn’t have wanted him dead.

At trial, her attorneys argued the government’s case was built entirely on circumstantial evidence and that Johnson was ignorant of Honken’s intent to kill. They urged jurors to sentence her to life in prison, not death.

Iowa does not have the death penalty, and Bennett said few lawyers in the state had expertise in capital punishment. He said he tried to assemble a “dream team” of lawyers for Johnson — including Alfred Willett of Cedar Rapids; Patrick Berrigan of Kansas City, Mo.; and Dean Stowers of Des Moines — but they performed poorly.

Willett and Berrigan didn’t return messages Friday. Stowers agreed the defense team was dysfunctional.

“I’m happy she’s going to get a new shot at things because she deserves it,” he said.

Bennett, appointed to the bench by President Bill Clinton, has acknowledged his personal opposition to the death penalty. In a 2006 speech about the two capital murder cases, he said he set aside his personal beliefs in the interest of fairness. But he added he had “grave concerns” that the death penalty could be applied unfairly.

Texas – Beunka Adams – execution – april 26 – EXECUTED


 Beunka Adams official website click here

Case from his official website

Beunka Adams is 29 years old today and is awaiting his execution at the Polunsky Unit, Livingston,Texas.

He has three children that he loves deeply.

Beunka Adams spends his days writing poetry or letters to his friend, creating artwork, working out and reading.

Beunka Adams also published a poetry book, named Delirium – A mind at death row.

In the beginning of October 2011 Beunka Adams’ final appeal was rejected by the US Supreme Court, even though there are obvious flaws in Mr. Adams’ legal procedure, doubts about the fairness of his trial and also doubts about what really happened that unfortunate day of a robbery back in 2002 in Rusk, Texas, USA.

Beunka Adams has repeatedly expressed his deepest regrets for taking part in the robbery. Mr. Adams is the father of three children and a healthy young man that can be a great asset to society in the future.

Resume of the events:

Richard Cobb and Beunka Adams robbed a store and took three hostages, two women and one man. They drove the hostages to a field where one woman and one man were shot. The man tragically died from his injuries. The women survived.

Beunka Adams has never denied his involvement in the robbery which led to the murder of a man by his accomplice.

The crime: Beunka Adams tells his story 

It was an extremely transitional point in my life (more than I knew) at the time when thismost unfortunate incident occurred. Not long before I had been kicked out of Job Corps and lost every stitch of clothing I owned. I had reunited with my children’s mother after a
little over a month separation and was preparing what would have been our third homesince I was 14 or 15 years old. I was out of work and in the coming two weeks were my step-son and my daughters birthdays… (I tell you this not to trivialize the events that
followed but to show you what motivated me to involve myself in this situation.)So when my friend/co-defendant showed up while I was working on the house and asked me to help him rob a store – I agreed.

It was not planned but I didn’t assume there would be any real physical violence. I didnot even carry my own gun. I was suppose to just follow his lead and be a pair of eyes, but shit went bad from the moment we entered the store and it became obvious my friend had
not planned anything out. He mostly stopped talking and nearly froze at the register.It was noticed there was a customer in the store and my friend whispered that one of the cashiers was his neighbor and he believed she recognized him…At that point I knew we were caught and really my only concern was getting the money where it needed to be. My friend was not talking and I had no idea what to do, so it was decided to take everyone from the store to buy some time to think. Now this is when some of the first lies start to occur. At trial one of the victims said she told me: “I know you, don’t I?” and I said: “yes” and took of my mask. This is not exactly true. She said: “I know you, don’t I? Your girlfriend used to work at Brookshines.”. At the time I had long hair and realized she was mistaken me for a friend of mine, but we did know each other and well, so to calm the situation a bit I took off my mask. The other girlknew my co-defendant so we where caught anyway. I was not known to hurt people for no reason, Nicky and Kenneth knew that.
If you read the transcripts it is said that there was laughter and conversation in the car though Nicky contends she was laughing to keep herself from crying. “Fast forward time” we wound up in an open field outside town. I really did not know what to do next because my friend was not really talking to me and acting weird. First idea was to put all three into the trunk and leave the car in a parking lot to be found in a few hours but all three of them would not fit. Two got in and I along with Nicky left walking (with no weapon). Now it has never been revealed what we spoke about by her nor me and I will not do so in this missive… We wound up having sex. I admit when I later gave a statement I conceded to rape but it was because I knew Nicky was engaged to be married and she would say that and if I did not, those officers would not believe one word that came out my mouth! I will be more than willing to take a lie detector test on the fact I never threatened or forced her to have sex with me, that or any other facts I present.
The others were let back out and it was decided they would take off in one direction and we would go the other. I stopped them because the direction they were headed led deep into the woods and they’d never come to a house, road or anything. It is decided they stay put. I turned and started walking towards the car assuming my friend was doing the same but after a few steps I heard the first blast!

read the whole story (download pdf) click here

Legal documents  click here

Take Action

1. [sign petition]

Sign our petition to show your support for Beunka Adams and others wrongfully convicted. Read more.

2. [write officials]

Send e-mails and letters to those in power. Let them know what you think. Read more.

Governor Rick Perry: Stop Beunka Adams’ execution!

sign the petition click here

HUNTSVILLE (April 23, 2012)—Death row inmate Beunka Adams, 29, who was scheduled to receive a lethal injection this week for killing an East Texas man after robbing a convenience store, won a reprieve Monday from a federal judge.

april 13, 2012

Petitioner: Beunka Adams
Respondent: Rick Thaler, Director TDCJ-CID
Case Number: 5:2012cv00036
Filed: April 13, 2012
Court: Texas Eastern District Court
Office: Texarkana         Office
County: Cherokee
Nature of Suit: P. Petitions – Death Penalty
Cause: 28:2254
Jurisdiction: Federal Question
Jury Demanded By: None

december 2010, source: various

Beunka Adams is imprisoned on the Polunsky Unit of Texas death row for a crime that another man confessed to committing. He was convicted and sentenced to death at the age of 21. Beunka was involved in a robbery in which store employee, Kenneth Vandever, was shot and killed.

Beunka’s co-defendant, Richard Cobb, admitted to the killing in his trial. This information was suppressed at Beunka’s trial. His jury were told that he was the gunman and he was given the death penalty.

Beunka does not deny his guilt in participating in the robbery and he suffers huge remorse for what happened that night, but he is not a murderer and does not deserve to die for his crime!

His supporters say; “Beunka is indigent – he has no money to pay for a defence and his state-appointed defence attorney is overworked and unable to help him. We need to raise $150,000 to pay for a private lawyer and investigator to help save Beunka’s life”.

In 2007 Beunka’s attorney at appeal, Stephen Evans, presented ten points of error in his client’s criminal case. The court voted 9 to 0 that the objections held no merit. The court affirmed both the trial court’s judgment and the sentence of death.

Evidence presented in the court hearings alledged that on the night of the murder the men entered BDJ’s convenience store wearing masks and demanding money. One of them was armed with a shotgun.

Prosecutors say that after taking the money from the cash register it was said that they demanded the keys to a Cadillac parked outside. Two women employees of the store and Kenneth Vandever were forced the three into the car. After arriving at the secluded field, one female and Mr. Vandever were told to get into the trunk of the car. The prosecution says that the other female was taken away and sexually assaulted. Both women were wounded.

A supporter of Beunka Adams said; “criminals are punished in the name of justice. This sense of justice seems to have abandoned the scene of capital punishment. Even in the USA people who committed murder as a minor are put on death row, those without money cannot afford decent legal aid which almost immediately condemns them, and prisoners spend years and years on death row sometimes getting their execution postponed several times.

“People on death row go through years of isolation and uncertainty. This is when justice becomes torture”.

12/05/2007 source :http://www.tdcaa.com

An East Texas man condemned for a fatal shooting during an abduction and robbery at a convenience store lost an appeal Wednesday at the Texas Court of Criminal Appeals.

Richard Aaron Cobb was 18 when he was arrested along with a companion for the slaying of Kenneth Vandever in 2004. Vandever and two women were abducted from a store in Rusk. The three were taken to a field about 10 miles away near Alto, where one of the women was raped and all three were shot with a 20-gauge shotgun.

Vandever, 37, died of his injuries but the two women survived and testified against Cobb and his partner, Beunka Adams.

Both Cobb and Adams were convicted and sentenced to die. Records showed Cobb was on probation at the time for auto theft.

Vandever was described as mentally challenged after injuries in an auto accident left him with the mental capacity of a child.

Cobb’s conviction and sentence were upheld in January by the Court of Criminal Appeals. A subsequent appeal reviewed by the Austin-based court was rejected Wednesday.

The brief five-paragraph ruling from the appeals court upheld the recommendation of the trial court in Cherokee County, where a judge denied Cobb any legal relief after an evidentiary hearing.

Testimony showed Cobb fired the shot that killed Vandever, who frequented the store and would do things like take out the trash. Adams, then 20, was accused of shooting the two women who worked at the store. Adams’ conviction and sentence were affirmed by the court in June.

The men left the scene after believing the two women were dead, but the women were able to get up and run to houses nearby to get help. Adams and Cobb were arrested a few hours later in Jacksonville, about 25 miles to the north.

Both men still have appeals to pursue in the federal courts, and neither has an execution date.

Defense lawyers had argued at his trial that Cobb suffered abuse as a child and from fetal alcohol syndrome, the result of his mother drinking liquor while she was pregnant with him. Prosecutors presented witnesses who testified Cobb was able to tell the difference between right and wrong.

Executions in Texas, the nation’s most active death penalty state, and other states with capital punishment are on hold pending the outcome of a U.S. Supreme Court review of lethal injection procedures. Arguments in that case, initiated by two death row inmates in Kentucky, are set for early next year and a decision is expected before summer.

No. 11-9359

Beunka Adams v. Texas

from the Court of Criminal Appeals of Texas

Docket Entries

on March 13, 2012

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2012)

Parties

Beunka Adams, Petitioner, represented byThomas Scott Smith



Alabama Death Row inmate Thomas Arthur wins execution stay from federal appeals court


March 23, 2012 source : log.al.com

MONTGOMERY, Alabama — A federal appeals court has granted a stayof execution for an Alabama man who was set to die next week in a 1982 murder-for-hire case.

The 11th U.S. Circuit Court of Appeals on Friday postponed the execution of Thomas Douglas Arthur until further action of the court.

Earlier in the week the court had reversed a judge’s decision to dismiss Arthur’s appeal, which contended that Alabama’s decision to use a new sedative called pentobarbital as part of a three-drug execution combination could be cruel and unusual punishment.

Arthur’s attorneys on Thursday had sought a stay while the state asks the entire 11th Circuit to reconsider the court’s decision.

Arthur was set to be executed on March 29 for the 1982 murder-for-hire killing of Muscle Shoals businessman Troy Wicker.