march 20, 2014
|
Inmate
|
Filings | Updated | Docket | Information |
|
Robert E. Hendrix
|
||||
| SC79,048 | 03-20-13 | Docket |
Execution set for 6 p.m. on Wednesday, April 23, 2014
|
april
Tennessee sets execution dates for 10 men
february 6, 2014
The state of Tennessee plans to execute 10 death row inmates over the next two years after changing the drug protocol to be used in lethal injections, officials said Wednesday.
The state is scheduled to execute the condemned prisoners between April 22, 2014, and Nov. 17, 2015, the Tennessee Administrative Office of the Courts confirmed. Three executions are scheduled this year and seven in 2015.
Gov. Bill Haslam, noting that three execution orders were handed down Friday by the state Supreme Court, told The Tennessean Wednesday that the decision to seek the executions didn’t go through him. But he said he agrees with it.
State officials asked the Tennessee Supreme Court in October for execution dates for 10 inmates, the highest number of condemned people the state has ever sought to kill at one time. The court has since ordered execution dates for nine of those men. Another inmate, Nickolus Johnson, whose execution was sought separately from the other 10, is scheduled to die April 22.
Dates have not yet been set for Lee Hall, the other man in the October group, or Donald Wayne Strouth, for whom the state requested an execution date in December.
Kelley Henry, who supervises capital punishment defense cases with the Federal Public Defender’s Office in Nashville, said it was unfortunate that so many death row inmates were being grouped together. Henry and other attorneys have asked a Davidson County judge to halt the executions over questions about the drug the state now plans to use.
“Each and every one of these cases has a story that is an example of how the death penalty system in Tennessee is broken,” she said Wednesday. “They each have different stories of ineffective counsel, of evidence that was suppressed by the state, stories of trauma and mental abuse that were never presented to a jury or a judge.”
(Source: The Tennessean)
Share this:
Georgia – Daniel Greene – execution – april 19, 2012 7 p.m. CLEMENCY
april 10
Georgia Department of Corrections
Brian Owens, Commissioner
Director of Public Affairs
Joan Heath
Contact: Office of Public Affairs (478) 992-5248
STATE OF GEORGIA
For Immediate Release
Greene Execution Media Advisory
Forsyth – Condemned murderer Daniel Greene is scheduled for execution by lethal injection at 7:00 p.m. on Thursday, April 19, 2012, at Georgia Diagnostic and Classification Prison in Jackson. Greene was sentenced to death for the 1991 murder of Bernard Walker.
last meal consisting of fried chicken, french fries, strawberry sundae and a soda.
Media witnesses for the execution are: Greg Bluestein, The Associated Press; Jim Mustian, Columbus Ledger-Enquirer; Joe Kovac, Macon Telegraph; Coreen Savitski, WMGT; and Randall Savage, WMAZ.
There have been 52 men executed in Georgia since the U.S. Supreme Court reinstated the death penalty in 1973. If executed, Greene will be the 30th inmate put to death by lethal injection. There are presently 96 men and one woman on death row in Georgia.
The Georgia Diagnostic & Classification Prison is located 45 minutes south of Atlanta off Interstate 75. From Atlanta, take exit 201 (Ga. Hwy. 36), turn left over the bridge and go approximately ¼ mile. The entrance to the prison is on the left. Media covering the execution will be allowed into the prison’s media staging area beginning at 5:00 p.m. on Thursday.
april 2, 2012 source : http://www.gfadp.org
A judge has signed an order scheduling the execution of a former high school football star from Taylor County for the week beginning April 19.
Daniel Greene was sentenced to death for the 1991 killing of 19-year-old Bernard Walker, who was trying to help a convenience store clerk who had been robbed and stabbed by Greene. The clerk survived.
Greene, a 6-foot 5-inch, 350-pound former high school football standout, was tried in Clayton County in 1992 because of pretrial publicity. He was convicted of other crimes in Houston and Macon counties.
After killing Walker, Greene later drove to the home of a Macon County couple who had previously employed him as a farm laborer. Greene burst into their home, got their car keys and then stabbed Willie and Donice Montgomery multiple times. The couple survived.
Greene then drove to another convenience store in Warner Robins and pulled a knife on the store attendant, who gave Greene money from the cash register. Greene stabbed her in the back of the shoulder before fleeing. He was later arrested at a relative’s home and confessed to the crimes in a videotaped interview, saying he needed money for crack cocaine, according to court records.
The Georgia Department of Corrections is soon expected to pick a date and time for Greene’s execution.
Georgia Department of Corrections
Brian Owens, Commissioner
Director of Public Affairs
Joan Heath
Contact: Office of Public Affairs (478) 992-5248
STATE OF GEORGIA
For Immediate Release
Greene Execution Media Advisory
Forsyth – The Taylor County Superior Court has ordered the execution of convicted murderer Daniel Greene. The Court ordered the Department to carry out the execution on a date between April 19, 2012 and April 26, 2012. Commissioner Brian Owens has set the date for April 19, 2012 at the Georgia Diagnostic and Classification Prison in Jackson at 7:00 p.m.
Greene was convicted of the 1991 murder of Bernard Walker. If executed, Greene will be the 30th inmate put to death by lethal injection.
Media interested in a picture of Greene and a listing of his crimes may go to the Department of Corrections website (www.dcor.state.ga.us).
Related articles
- Execution date set for ex-football star (ajc.com)
|
|||||||||||||||||||||||||||||||||||
| ~~Name~~~~~~~~~~~~~~~~~~~~~ | ~~~~~~~Address~~~~~~~~~~~~~~~~~~ | ~~Phone~~~ |
| Attorneys for Petitioner: | ||
| Jeffrey L. Ertel | Federal Defender Program, Inc. | (404) 688-7530 |
| Counsel of Record | 100 Peachtree Street, Suite 1700 | |
| Atlanta, GA 30303 | ||
| jeff_ertel@fd.org | ||
| Party name: Daniel Greene | ||
| Attorneys for Respondent: | ||
| Sabrina D. Graham | Assistant Attorney General | (404) 656-7659 |
| Counsel of Record | Office of the Attorney General | |
| 40 Capitol Square | ||
| Atlanta, GA 30334-1300 | ||
Share this:
Georgia – Daniel Greene – Execution – april 19 – STAYED 90 DAYS
april 4, 2012 source : http://www.correctionsone.com
TAYLOR COUNTY, Ga. — An April 19 execution date has been set for a former high school football star from Taylor County.
Daniel Greene was sentenced to death for the 1991 killing of 19-year-old Bernard Walker, who was trying to come to the aid of a Suwanee Thrifty store clerk in Taylor County.
Greene had forced the clerk to give him $142 from the cash register before he took her to a back room and stabbed her. She survived, but Walker, whom Greene stabbed in the heart, died in the parking lot.
Greene, a 6-foot-5, 350-pound former high school football standout, was tried in Clayton County in 1992 because of pretrial publicity.
After killing Walker, Greene drove to the home of a Macon County couple who had previously employed him as a farm laborer. Greene burst into their home, took their car keys and then stabbed Willie and Donice Montgomery multiple times. The couple survived.
Greene then drove to another convenience store in Warner Robins and pulled a knife on the store attendant, who gave Greene money from the cash register. Greene stabbed her in the back of the shoulder before fleeing. He was later arrested at a relative’s home and confessed to the crimes in a videotaped interview, saying he needed money for crack cocaine, according to court records.
Late last week, a judge signed an order scheduling Greene’s execution for a seven-day period beginning April 19. On Monday, Department of Corrections Commissioner Brian Owens set the execution for April 19 at 7 p.m.
The execution is to be carried out at the Georgia Diagnostic and Classification Prison in Jackson. Greene would be the 30th state inmate put to death by lethal injection.
Related articles
- Execution date set for ex-football star (ajc.com)
Share this:
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
Related articles
- TEXAS – Beunka Adams – execution – Update (claimyourinnocence.wordpress.com)
Share this:
Delaware – Shannon M. Johnson execution – april 20, 2012 – EXECUTED
Shannon M. Johnson
DOB: 11/18/1983
Race: Black Gender: Male
Offense: Murder 1st
Sentenced to Death: 09/05/2008
Date of Offense: 09/24/2006
Update april 17, source : http://www.wboc.com
WILMINGTON, The attorney for a Delaware death row inmate facing execution this week is asking a federal judge to reject an attempt by the convicted killer’s estranged sister to stop the execution.
Shannon M. Johnson has waived his right to further appeals of his conviction and death sentence and faces death by lethal injection early Friday.
But federal public defenders are trying for the second time to intervene in the case without Johnson’s consent.
They are arguing on behalf of Johnson’s sister that he is mentally incompetent and should not be executed.
But Johnson’s lawyer says in a letter to the court that she spoke with Johnson on Monday, and that he remains committed to proceeding with his execution.
Johnson was sentenced to death in 2008 for the September 2006 murder of a man who he found sitting in a car with Johnson’s former girlfriend. Johnson later shot the former girlfriend, but she survived.
march 14, 2012 source : http://www.necn.com
Superior Court Judge M. Jane Brady ordered the April execution of Shannon Johnson after Johnson waived his right to a requirement that an execution be held no sooner than 90 days from the sentencing date.
Johnson was sentenced to death for the 2006 murder of Cameron Hamlin, 25, who was shot after Johnson found him sitting in a car with Johnson’s ex-girlfriend near downtown Wilmington. Johnson later shot the former girlfriend, but she survived.
After the state Supreme Court upheld his conviction and death sentence in 2009, Johnson said he did not want to pursue any further appeals.
“The court system has prevailed here and we can start having closure here in the Hamlin family,” Vandrick Hamlin, the victim’s father, said after Wednesday’s brief sentencing hearing.
“I think the judge sent a message out to the thugs and killers that you will not get away with murder here in the city of Wilmington.”
After Johnson sought to waive all further appeals following the state Supreme Court’s decision, federal public defenders tried to intervene in his case without his consent, arguing that Johnson was incompetent because he was mentally disabled. After Brady refused to allow them to participate in a state court competency hearing, they defied her order to turn over their files on Johnson to state prosecutors and Johnson’s state court attorneys.
Chief U.S. District Court Judge Gregory Sleet last year ordered the federal public defenders to turn over their files to state prosecutors and defense attorneys. He also voided their appointments to represent Johnson, declaring that they had misled the federal court into believing that they were acting with his knowledge and consent.
In a ruling last month in which she cited reports from several mental health experts, Brady declared that Johnson was not mentally disabled, was mentally competent to waive his right to further appeals, and that he understood the legal consequences of that decision.
Johnson’s defense attorney, Jennifer-Kate Aaronson, said after Wednesday’s hearing that he has been “steadfast” in his opposition to all further appeals.
“He fervently hopes no zealot files state or federal proceedings to override his competent decision,” she said.
The Facts source : sentencing decision court (pdf)
Shannon Johnson, had a relationship with Lakeisha Truitt, from which was born a son. Ms. Truitt attempted to end the relationship on multiple occasions, because the Defendant was violent and unfaithful, and testified that she had not had a steady relationship with the Defendant for several years preceding the events that give rise to the charges in this matter. She did, however, continue to see the Defendant on some basis, including, but not limited to, effecting visitation with his son. From all appearances, Ms. Truitt had tried to move on with her life. She was a single mom, was employed, had purchased a home, and just prior to the initial incident in this case, began seeing another young man, Cameron Hamlin. By all accounts, Mr. Hamlin was a solid and sober individual, who had an interest in music, and was caring and thoughtful of his family. On September 24, 2006, Mr. Hamlin spent the night at Ms. Truitt’s home, and in the morning, was in the process of taking Ms. Truitt to her grandmother’s, where her son spent the night, and then was going to take his mother to church. The Defendant accosted the couple at a stop sign in his vehicle, and after some words were spoken, took out a gun and fired into Mr. Hamlin’s vehicle, killing him. Truitt was not injured in this incident. She ran to her grandmother’s, where she called the police, and reported the incident. Due to concern for her safety, she was advised not to go to her home until the Defendant was apprehended, but on November 10, 2006, she decided to go to her home and retrieve clothes for her son. On the way, she encountered one Rima Stewart, and had a brief conversation with her. As she was leaving her home, after having been there only a short time, the Defendant ran toward her car, brandishing a firearm, and fired several times, striking Ms. Truitt. To this day, a portion of one bullet remains lodged in her chest. The Defendant was later apprehended, and has been incarcerated since his arrest.
Statutory Aggravating Circumstance
The State alleged that the Defendant was previously convicted of a felony involving the use of, or threat of, force or violence upon another person, in this case, Rape in the Fourth Degree. To prove the Defendant’s prior conviction of the offense of Rape in the Fourth Degree, the State called the victim of that offense, Quana Thomas.Ms. Thomas testified that she had known the Defendant since she was of elementary school age, and that she saw him one day in the neighborhood and began talking with him regarding an incident involving a mutual friend, entering the Defendant’s car at some point in the conversation. During the conversation, the Defendant started the car, locked the doors and began to drive away. Ms. Thomas asked him where he was going, and asked to be let out of the car. The Defendant told her he had to take care of something and it would not take that long. He drove to an area near the Wilmington Hospital, at which time he stopped the car and began trying to kiss Ms. Thomas, who pushed him off her. She was 18, and seven to eight months pregnant at the time. Eventually he was able to pull her pants down and engage in vaginal intercourse with her. He told her the baby she was carrying should have been his. He then took her back to the neighborhood, and left her there. The Defendant was charged with Rape in the Second Degree and later entered a plea of guilty to a charge of Rape in the Fourth Degree. A certified copy of the
plea agreement was introduced as an exhibit.
September 5, 2008 Sentenced to death read here
Convicted Killer Shannon Johnson Sentenced to Death Wilmington, DE – Today, Attorney General Beau Biden announced that Shannon M. Johnson, age 24 of Wilmington, was sentenced today by Judge M. Jane Brady to death by lethal injection plus 95 years
in prison.“Shannon Johnson is a threat to society. His conviction and today’s sentence ensures that justice will be served,” stated Attorney General Joseph R. Biden, III. “Victim and witness testimony was critically important to securing this conviction and I want to thank them for having the courage to come forward. Without their testimony a very dangerous person could be on the street.”
On September 24, 2006, Johnson shot and killed Cameron Hamlin in the City of Wilmington. On November 10, 2006, Johnson approached a car in Wilmington, driven by Lakeisha Truitt. He fired a gun at the car, smashed the driver’s side window, dragged her from the car, shot her, and fled the scene. Truitt was taken to the hospital, where she recovered. Johnson was arrested by Wilmington
Police on November 15, 2006. Johnson was convicted in New Castle County Superior Cour.
Feb 26, 2010 source : http://www.delawareonline.com/article/20100226/NEWS01/2260348
WILMINGTON — Death row inmate Shannon M. Johnson appeared in court Thursday to demand an end to all his appeals to speed his execution date.
This follows a pattern that Johnson, 26, set after his 2008 trial when he told the judge, after he was convicted of the murder of
Cameron Hamlin, that he was not seeking mercy and wanted to be sentenced immediately — without a penalty hearing — even if that
meant the death penalty.Dressed in an orange prison jumpsuit Thursday, Johnson told Superior Court Judge M. Jane Brady in a calm and cool tone that he wanted to waive any further appeals. He also wanted Brady to instruct the Delaware Federal Public Defender’s Office to drop the appeals it filed on his behalf in U.S. District Court and with the U.S. Supreme Court.
Johnson said attorneys with that office ignored his explicit instructions against filing appeals and asked Brady to prevent attorneys from that office from contacting him again.
Johnson said he told federal defenders, “I’d rather not waste your time” and that they should instead work on other cases. But he said
the attorney “then did everything I asked her not to do.”
Julie Brain, Johnson’s federal defender, declined to comment Thursday.
Johnson was not asked and did not explain why he was ending his appeals.
His attorney, Jennifer-Kate Aaronson, declined to comment on Johnson’s reasons, stating that to do so would violate attorney-
client privilege.
At that same hearing, Johnson’s other appellate attorney, James J. Haley Jr., asked Brady for permission to withdraw from the case,
stating in a motion that Johnson’s desire “to be executed as soon as possible” conflicted with his beliefs as a practicing Catholic.
Johnson said he did not object to Haley’s departure, and Brady dismissed him from the case.
Johnson, however, said he wanted Aaronson to continue to represent him, although he acknowledged that Aaronson too had advised him against ending his appeals.
Brady told Johnson that before she can accept his waiver, she must have him evaluated by a psychologist to make sure he is competent and that he fully understands the ramifications of his decision.
She said it will take about 60 days for a doctor to perform the evaluation and file a report, followed by an additional 30 days for
state prosecutors to respond to that report.
While this process could speed up Johnson’s execution by as much as a decade, Brady told Johnson the court would not act hastily.
“This will not be a fast process,” she said, and will not result in an execution being set next week or next month. “This is to make sure
you have time to reflect and that you are certain about your decision.”
Johnson was convicted two years ago of the Sept. 24, 2006, slaying of Cameron Hamlin. According to police and testimony, Johnson shot Hamlin after he found him sitting in a car in Wilmington with Johnson’s ex-girlfriend, who was also the mother of a child with
Johnson.
The ex-girlfriend escaped and was the only witness against Johnson in the homicide. Several weeks later, in November, Johnson tried to kill her by shooting her as she was getting into a car. She survived, and Johnson also was convicted of that shooting.
After the jury returned guilty verdicts, Johnson told the judge he wanted to be sentenced immediately, didn’t want to go through a
penalty hearing and would no longer cooperate with his attorneys. “I don’t need your mercy, the court’s mercy, none of that,” he told
Brady in March 2008. “If you want to sentence me to death … then let that be the case. All that other stuff, like, all that’s irrelevant.”
Deputy Attorney General Paul Wallace said after Thursday’s hearing that this is not the first time a death row inmate has waived his
appeals to hasten his date with the executioner.
|
|||||||||||||||||||||||||||||
| ~~Name~~~~~~~~~~~~~~~~~~~~~ | ~~~~~~~Address~~~~~~~~~~~~~~~~~~ | ~~Phone~~~ |
| Attorneys for Petitioner: | ||
| Julie Brain | Chief, Capital Habeas Unit | (302) 442-6545 |
| Delaware Federal Public Defender | ||
| 800 King Street | ||
| Suite 200 | ||
| Wilmington, DE 19801 | ||
| Julie Brain @fd.org | ||
| Party name: Shannon Johnson | ||
| Attorneys for Respondent: | ||
| Paul R. Wallace | Chief of Appeals | (302) 577-8500 |
| Counsel of Record | Criminal Division | |
| Delaware Department of Justice | ||
| 820 N. French Street, 7th Floor | ||
| Wilmington, DE 19801 | ||
| Paul.Wallace@state.de.us | ||
| Party name: Delaware | ||
Share this:
Oklahoma – Garry Thomas Allen – Execution – April 12, 2012 STAYED
Summary of Offense:
Allen pleaded guilty in the 1986 shooting death of his ex-girlfriend Gail Titsworth in Oklahoma County. He was convicted in 1987. Titsworth had broken off the relationship with Allen three days before the killing and had sought a protective order. She was picking up her two sons at a child-care center when Allen shot her four times. He then struggled with a police officer and was shot in the head. Allen spent months in mental hospitals after his arrest to be treated for depression and his head injury. He was deemed competent at a 1987 hearing but won a new competency hearing in 1997 after the Supreme Court ruled that Oklahoma’s competency standards were too high. In the subsequent hearing, Allen was again ruled competent.
april 11, 2012 BREAKING NEWS
OKLAHOMA CITY (AP) – A federal judge in Oklahoma City has stayed the execution of an inmate who was diagnosed with schizophrenia but found sane by a jury that considered whether he was eligible for the death penalty.
Fifty-six-year-old Garry Allen is scheduled to die by injection on Thursday. Allen pleaded guilty to capital murder after being shot in the head during his November 1986 arrest. He killed 24-year-old Gail Titsworth, with whom he had children, outside a daycare where she had picked up her sons days after she moved away from Allen. An officer shot Allen after he tried to shoot the officer.
In 2005, the state Pardon and Parole Board voted 4-1 to commute Allen’s sentence to life in prison, but Gov. Mary Fallin had decided to allow the execution to proceed.
april 10, 2012 source : http://muskogeephoenix.com
OKLAHOMA CITY (AP) – Members of an anti-death penalty group said Monday they have little hope that Gov. Mary Fallin will commute the death sentence of an Oklahoma inmate scheduled to be executed Thursday.
Three members of the Oklahoma Coalition to Abolish the Death Penalty met with Fallin’s general counsel, Steve Mullins, to urge the governor to reverse her decision to deny clemency for Garry Thomas Allen, 56.
Allen’s attorneys contend he was mentally impaired when he killed 24-year-old Lawanna Gail Titsworth, the mother of his two children, on Nov. 21, 1986, in Oklahoma City. They say he had been self-medicating for an underlying mental illness, and that his mental condition had worsened.
Coalition board member James T. Rowan said the group does not expect Fallin to change her mind about clemency. He said Mullins indicated during the meeting that Allen’s clemency request “was a close case.”
“I’m satisfied that the governor has gone through an exhausting process,” Rowan said.
A spokesman for Fallin, Alex Weintz, confirmed the group met with Mullins and discussed Allen’s case. Weintz said Fallin appreciated their input but that there was no change in the status of the case.
“The execution is still scheduled for Thursday,” Weintz said.
Fallin denied clemency for Allen on March 13, but the coalition asked her to reconsider based on the state Pardon and Parole Board’s 4-1 recommendation in 2005 that Allen’s death penalty on a first-degree murder conviction be commuted to like in prison.
“That is a very exceptional factor,” said Rex Friend, another coalition board member.
Allen was shot in the face during a struggle with police after Titsworth’s shooting death and his attorneys said he was not competent to enter a blind plea of guilty to the murder charge.
Former Gov. Brad Henry never acted on the board’s 2005 clemency recommendation for Allen because a Pittsburg County judge issued a stay of execution after a prison psychological exam determined Allen had developed mental problems on death row. The doctor’s report noted Allen had dementia caused by seizures, drug abuse and the gunshot wound.
A 12-member jury was impaneled in 2008 to determine Allen’s sanity. Jurors rejected Allen’s argument that he should not be put to death and decided he was sane enough to be executed.
Friend said Fallin went through a long and detailed process that included meetings with prosecution and defense attorneys in the case before she made her decision to deny the Pardon and Parole Board’s recommendation. Rowan said Allen’s execution could still be blocked if prison officials believe he is not mentally competent.
———————————————————————————————
April 6, 2012 source :http://www.therepublic.com
OKLAHOMA CITY — As activists prepare to argue for clemency for a man scheduled to die next week, a death penalty expert said a blind guilty plea such as Garry Allen’s is unusual in Oklahomacapital murder cases.
Allen’s attorneys have argued that he was mentally impaired when he entered a blind guilty plea to a capital murder charge. Allen was shot in the head during his 1986 arrest, and he had a history of mental illness and alcohol abuse prior to the killing.
Activists on Monday plan to ask legal counsel for Gov. Mary Fallin to consider clemency for the 56-year-old man, who is scheduled to be executed Thursday.
Considering Allen’s apparent combination of mental illness and alcohol abuse, he shouldn’t have entered a blind guilty plea — a plea done in front of a judge without a deal — especially in a state where the death penalty is popular, said defense attorney James Rowan, a death penalty expert who does not represent Allen.
Allen has testified that he pleaded guilty to spare his family and his victim’s family from the ordeal of a trial.
His lawyers had argued he was not sane and therefore shouldn’t be executed, but in 2008, a jury said he was sane enough for the death penalty.
A personality test in Allen’s court file shows his “probable diagnosis is Schizophrenic Disorder, or Anxiety Disorder in a Paranoid Personality.” Allen, who had a history of substance abuse, had also testified that before the day of the killing, he got drunk whenever he could. Two hours after the killing, Allen’s blood-alcohol level was .27— more than three times the legal limit.
Considering Allen’s apparent combination of mental illness and alcohol abuse, he shouldn’t have entered a blind guilty plea — a plea done in front of a judge without a deal — especially in a state where the death penalty is popular, said defense attorney James Rowan, a death penalty expert who does not represent Allen.
Attorney Charles Hoffman, another expert on death penalty cases, said a blind guilty plea could be the result of the defendant’s insistence, “bad or lazy lawyering” or a strategy to argue the defendant acknowledged guilt when a conviction is sure to happen.
“Although entering a blind guilty plea in a death penalty case may sound like a very dumb thing to do, it really all depends on the facts of the case,” Hoffman said.
In the 42 capital murder cases that Rowan has tried, only two defendants entered blind guilty pleas — once because Rowan was “young and didn’t know any better.” In the other case, in 1989, a man killed five people in a multi-state spree, including a woman in an Ardmore, Okla., flower shop.
Rowan knew the case would be hard to win and decided to plead to the judge.
“It would almost be malpractice now to do it,” Rowan said. “Even if the defendant wanted to enter a guilty plea, I think you’d be almost incompetent to do that.”
In 2005, the Pardon and Parole Board voted 4-1 to recommend life without parole instead of execution for Allen, but Fallin has decided to proceed with the execution.
Fallin has said she and her legal team gave Allen’s case a thorough review, and she has no plans to change her decision.
Allen shot 42-year-old Lawanna Titsworth four days after she moved out of the home where she lived with Allen and their two sons, according to court documents. Titsworth and Allen had fought in the week before the shooting and he had tried to convince her to live with him again.
An officer in the area responded to a 911 call. Allen grabbed his gun and struggled with the officer, according to court documents. Allen tried to make the officer shoot himself by squeezing the officer’s finger on the trigger, but the officer got control of the gun and shot Allen in the face.
—————————————————————————————————————-
March 14,2012
OKLAHOMA CITY
Governor Mary Fallin has denied clemency for Garry Thomas Allen, an Oklahoma death row inmate who killed the mother of his two children in 1986.
On February 9, 2012, Governor Fallin granted a stay of execution of thirty days from February 16, 2012, the date of the scheduled execution of Allen, in order for this office to thoroughly evaluate the recommendation of clemency by the Oklahoma Pardon and Parole Board.
The Governor met with the Federal Public Defender’s office, the Oklahoma Attorney General’s office and the victim’s family about this case.
The Executive Order, Fallin states, “Having thoroughly reviewed the arguments and evidence presented in this case, I have determined that clemency should be denied, and that the sentence of death shall be carried out.”
The Governor has granted an additional twenty-six day stay thereby scheduling the execution on Thursday, April 12, 2012.
Allen was convicted for killing 42-year-old Lawanna Gail Titsworth on November 21, 1986, in Oklahoma City.
Read the full Executive Order HERE.
Article 5/4/08
Death row inmate deemed sane
A Pittsburg County jury has determined that a death row inmate is sane enough to be executed, but it’s uncertain when the punishment will be carried out.
On a 9 to 3 vote, a panel of 11 men and one woman rejected Garry Thomas Allen‘s argument that he shouldn’t be put to death for the fatal shooting of Lawanna Titsworth because he had become insane while in prison.
An Oklahoma County jury convicted the 52-year-old Allen of first-degree murder for gunning down in November 1986 outside an Oklahoma City daycare center. Titsworth had moved out of the home she shared with Allen and their 2 sons 4 days before her death.
According to court documents, the 2 were arguing when Allen reached into his sock, pulled out a revolver and shot her twice in the chest.
Titsworth got to her feet and ran toward the center, but Allen shoved her down some steps and shot her in the back twice.
An Oklahoma City police officer responding to the call tussled with Allen before shooting him in the face.
Prosecutors are now considering what to do next.
Okla. court dismisses death row inmate’s appeal
A condemned Oklahoma inmate who insists he is insane lost a legal challenge Thursday when an appeals court determined there is no procedure under state law to contest a jury’s finding that he is sane enough to be executed.
The Court of Criminal Appeals handed down the decision against Garry Thomas Allen, 55, who was convicted of first-degree murder and sentenced to death for the Nov. 21, 1986, shooting death of 42-year-old Lawanna Gail Titsworth, the mother of Allen’s two children.
A district judge in Pittsburg County issued a stay one day before Allen scheduled execution in 2005 after a psychological examination at the Oklahoma State Penitentiary indicated Allen had developed mental problems while confined on death row. The U.S. Constitution forbids the execution of inmates who are insane or mentally incompetent.
According to state legal guidelines, a 12-member jury was impaneled in 2008 to determine Allen’s sanity. Jurors rejected Allen’s argument that he should not be put to death and decided he was sane enough to be executed.
Allen appealed, but in a six-page decision the appeals court concluded the appeal was not authorized by law and that there is no procedure to appeal a finding that a person facing execution is sane.
The decision, written by Vice Presiding Judge David Lewis of Lawton, says there is no federally mandated right to an appeal in Allen’s case and that the state Constitution does not mandate an appeal. In addition, the Legislature has not created a statutory appeal process for sanity proceedings, the appellate court said.
“It is, however, clear what the procedure should be when a person facing execution is found either insane or sane after a jury trial, and that procedure does not include an appeal to this court,” the ruling states.
Despite the decision, it remains unclear when Allen’s execution will be carried out. Attorney General’s Office spokeswoman Dianne Clay said attorneys plan to evaluate the decision before asking the appeals court to schedule a new execution date for Allen.
Allen’s attorney, Kristi Christopher of the Oklahoma Indigent Defense System, did not immediately return a telephone call seeking comment.
An Oklahoma County jury sentenced Allen to death for shooting Titsworth in the parking lot of the Oklahoma City daycare center. She had moved out of the home she shared with Allen and their two sons four days earlier.
Court documents indicated the two were arguing when Allen reached into his sock, pulled out a revolver and shot Titsworth twice in the chest. Titsworth ran with a center employee toward the building, but Allen pushed the worker away, shoved Titsworth down some steps and shot her twice in the back at close range, records show.
A police officer responding to a 911 call tussled with Allen before shooting him in the face, according to court documents. Allen was hospitalized for about two months for treatment of injuries to his face, left eye and brain.
Read more at the Washington Examiner: http://washingtonexaminer.com/news/2…#ixzz1fzv2kDVK
——————————————————————————————————-
The Oklahoma Court of Criminal Appeals has set a Feb. 16 execution date for a death row inmate who claims he is insane.
The court set the date Thursday for 55-year-old Garry Thomas Allen. Attorney General Scott Pruitt requested the date on Dec. 28 after a stay of execution for Allen was lifted by a Pittsburg County judge.
Allen was convicted of first-degree murder and sentenced to death for the Nov. 21, 1986, shooting death of 42-year-old Lawanna Gail Titsworth. But Allen’s 2005 execution was stayed when prison officials reported he had developed mental problems on death row.
A 12-member jury was impaneled in 2008 to determine Allen’s sanity. Jurors rejected Allen’s argument that he should not be put to death and decided he was sane enough to be executed.
http://www.therepublic.com/view/stor…oma-Execution/
Garry Allen has epilepsy, which has apparently worsened during his time on death row. He has frequent seizures and doctors have said that he is so confused for periods after these seizures that he would not understand thereality of or reason for his impending execution. In 1993, Garry Allen’s IQ was measured at 111, above average. By 1999, it had dropped to 75.Doctors have reportedly put this down to his ongoing epileptic seizures combined with head injuries.
After having been presented with such evidence at a clemency hearing on 20 April 2005, the Oklahoma Pardon and Parole Board recommended by four votes to one that Governor Brad Henry commute Garry Allen’s death sentence to life imprisonment. An Assistant Attorney General, pursuing the executionfor the state, was quoted as saying that he believed that Garry Allen was faking his mental impairments: ”It is easier to act stupider than you are. It’s impossible to act smarter than you are. This guy now knows, play up my seizures, play down my IQ.”
http://www.mail-archive.com/deathpen…/msg02623.html
Governor considering death-row inmate’s case
A death-row inmate originally scheduled to be executed Thursday night will instead be put to death March 17 if the governor’s legal team decides against commuting the man’s sentence to life in prison.
Gov. Mary Fallin issued a 30-day stay last week to give her legal team more time to consider a 2005 clemency recommendation from the state Pardon and Parole Board for 55-year-old Garry Thomas Allen.
Allen had been scheduled to die for the 1986 murder of the mother of his two children. His attorneys have argued that he was mentally impaired when he killed 42-year-old Lawanna Gail Titsworth.
Allen’s current lawyer, Randy Bauman, declined to comment on the stay Thursday. Currie Ballard, a member of the pardon and parole board, said he could not comment on death-row cases.
http://www.kswo.com/story/16952220/g…w-inmates-case
Convicted killer Garry Thomas Allen will be executed April 12 after Gov. Mary Fallin issued an additional 26-day stay on Tuesday
Allen was set to be executed Saturday after the first 30-day stay expired for his case.
On Feb. 9, Gov. Fallin granted a 30-day stay of execution from the originally scheduled date of Feb. 16, in order to evaluate the Oklahoma Pardon and Parole Board’s recommendation of clemency.
The governor met with the Federal Public Defender’s office, the Oklahoma Attorney General’s office and the victim’s family to review Allen’s case, and after examining the arguments and evidence presented, determined that clemency should be denied, and that the sentence of death shall be carried out, according to spokesman Alex Weintz.
Allen was sentenced to death for the 1986 murder of the mother of his two children, 42-year-old Lawanna Gail Titsworth.
Allen’s attorneys have argued that he was mentally impaired when he killed Titsworth in Oklahoma City. They said he had been self-medicating for an underlying mental illness, which had gotten worse. A police officer shot Allen in the face during a struggle after Allen shot his wife.
The pardon and parole board voted 4-1 in 2005 to recommend commuting Allen’s sentence to life in prison. But before then-Gov. Brad Henry had a chance to act on the recommendation, a Pittsburg County judge issued a stay after a prison psychological exam determined Allen had developed mental problems on death row. The doctor’s report noted Allen had dementia caused by seizures, drug abuse and his gunshot wound.
A 12-member jury was impaneled in 2008 to determine Allen’s sanity. Jurors rejected Allen’s argument that he should not be put to death and decided he was sane enough to be executed.
http://www.tulsaworld.com/news/artic…_0_Convic58229
Share this:
DELAWARE- Execution date set for Delaware Inmate – Shannon Johnson
march 14
A Delaware death row inmate who has waived his right to all further appeals of his conviction and death sentence has been sentenced to die by lethal injection.
A Superior Court judge set an April 20 execution date for Shannon Johnson during a brief hearing Wednesday. Johnson waived his right to a requirement that the execution be held no sooner than 90 days from the sentencing date.
Johnson was sentenced to death for the 2006 murder of a man whom he found sitting in a car with Johnson’s former girlfriend. He later shot the former girlfriend, but she survived.
After the state Supreme Court upheld his conviction and death sentence, Johnson said he did not want to pursue any further appeals.
source : http://www.wdel.com
case click here
Share this:
Executions scheduled april 2012
Dates are subject to change due to stays and appeals
update april 27
|
4/05/2012 |
Utah |
Stay likely |
||
|
4/12/2012 |
Alabama |
DELAYED | ||
|
4/12/2012 |
Oklahoma |
STAY | ||
|
04.12.12 |
Florida |
6:19 p.m | ||
|
4/18/2012 |
Ohio |
10:42 am | ||
|
4/19/2012 |
Georgia |
CLEMENCY | commuted | |
|
4/20/2012 |
Delaware |
2:55 am | ||
|
4/26/2012 |
Texas |
6:25 p.m | ||
|
4/25/2012 |
Arizona |
10:08 a.m | ||
|
|
CLAIM YOUR INNOCENCE 