canada

MISSOURI – Another Canadian on U.S. death row fights to stay alive – ROBERT BOLDEN

June 1, 2012 Source : http://www.theprovince.com

Robert Bolden, a Canadian on death row in the U.S. A lawyer representing a Canadian on death row in Indiana wants Ottawa to advocate to save her client's life. THE CANADIAN PRESS/HO

While Alberta-born killer Ronald Smith awaits the outcome of his high-profile bid to avoid execution for a 1982 double-murder in Montana, the U.S. government is engaged in a court battle with another Canadian citizen facing the death penalty in a little-known case in Indiana — ensuring that the controversial issue of capital punishment will be kept alive for years in Canada regardless of Smith’s fate in the coming months.

The case of Robert Bolden — a 48-year-old, Newfoundland-born man convicted of killing a Missouri security guard during a botched bank robbery in St. Louis in 2002 — only recently came to the attention of the Canadian government, partly because Bolden moved to the U.S. as a toddler with a drug-addicted mother who used forged documents to emigrate from Canada.

Bolden’s lawyers have launched an appeal aimed at winning a new trial and overturning his death sentence, largely on the basis that he was “deprived” of what could have been “vital” consular assistance by the Canadian government when he was arrested almost 10 years ago and later in his bid to avoid execution.

“The consulate’s assistance would have been critical to Mr. Bolden’s defence,” states a petition filed on behalf of the Canadian death-row inmate by Jennifer Merrigan, a lawyer with the Kansas City-based Death Penalty Litigation Clinic.

The petition was backed by a detailed affidavit from Gar Pardy, a retired Canadian public servant who headed the consular affairs section at the federal Department of Foreign Affairs from 1995 to 2003, during which time he led several diplomatic missions to prevent Canadians from being executed abroad.

But in a 200-page counter-argument filed last week at the U.S. District Court in Missouri, the U.S. Department of Justice insisted that prosecutors “had every reason to believe that Bolden was a United States citizen” at the time of his arrest, and that defence claims that the death sentence might never have been pursued or secured because of Bolden’s Canadian citizenship are unfounded.

“Bolden alleges that the (U.S.) government deprived him of the ‘unique and pivotal role’ of the Canadian Consulate, violating his due process right and right to a fair trial,” states the Department of Justice submission. “This claim is facially implausible. The ‘unique and pivotal role’ the consulate plays is to inform a foreign national of his rights as a defendant in the United States and explain the differences in the American legal system.”

Bolden “had no need for a ‘cultural bridge’,” the statement contends, “because he was very familiar with our legal system. Bolden had been convicted of three prior felonies and has been arrested numerous times.”

The Department of Justice submission recalled Ley’s “unique qualities, his aspiration to become a police officer, his exceptional gift of helping others, the excruciating pain he suffered after Bolden shot him twice in the head, and the catastrophic impact of his death on his family.”

Bolden was born in Stephenville, Nfld., in June 1963. His mother, identified in court documents as “S.D.” Decker, is described as a heroin-addicted, white prostitute who died in the U.S. in 2001. Bolden’s father was an unidentified black American soldier stationed at the U.S. military’s former Harmon Air Force Base in Stephenville, which was closed in 1966.

Alleged racism directed at Decker because of her biracial child appears to have prompted her move to the U.S. around 1966, according to Merrigan.

Bolden was principally raised by the St. Louis-based family of another U.S. soldier with whom Decker  had a fleeting relationship in Newfoundland.

In an interview with Postmedia News, Merrigan said the option of life imprisonment was never adequately explored in the Bolden case because Canadian officials didn’t get a chance — due to the actions of prosecutors and the oversights of defence lawyers — “to weigh in on whether the U.S. government should pursue the death penalty.”

She added that a thorough investigation of Bolden’s early childhood in Newfoundland by his original defence lawyers would have illuminated deep-rooted social and psychological challenges flowing from his mother’s troubled background — a potentially mitigating factor in death-penalty cases in the U.S.

“The Decker family’s history of interpersonal violence, verbal abuse, mental illness, addiction, and diabetes — none of which was explored by counsel — is the genetic and psychosocial cornerstone of Robert Bolden’s life story,” states the petition to overturn his death sentence.

John Babcock, a spokesman for Minister of State for Foreign Affairs Diane Ablonczy — who oversees consular issues for the Conservative government — confirmed that Bolden is a Canadian citizen and added: “Mr. Bolden was convicted of the very serious charge of murder. Canadian officials are providing Mr. Bolden with consular assistance, and will continue to do so.”

Bolden is being held in a federal prison in Terre Haute, Indiana.

Until October 2007, the Canadian government’s long-standing policy was to automatically seek clemency for Canadians facing execution in foreign countries.

Then, in response to a Postmedia News story about Canadian diplomats lobbying Montana’s governor to commute Smith’s sentence, the Conservative government halted those efforts and declared a new policy of reviewing clemency requests on a “case-by-case” basis — which Prime Minister Stephen Harper said was more in keeping with his government’s tough-on-crime agenda.

The Federal Court of Canada later ruled that the government had acted unlawfully by ending its support for Smith and ordered it to resume clemency efforts.

In December, ahead of Smith’s clemency hearing last month in Montana, the Canadian government sent a letter requesting that Smith be spared execution for “humanitarian reasons.” But opposition critics and Smith’s lawyers panned the letter as a lukewarm expression of the Canadian government’s formal opposition to capital punishment, which was abolished in this country in 1976.

Montana’s parole board has recommended to the state’s governor, Brian Schweitzer, that Smith be denied clemency. But Schweitzer, whose final term as governor automatically ends on Dec. 31 this year, is not likely to be in office by the time an outstanding lawsuit related to Montana’s lethal-injection is resolved early next year, clearing the way for an execution date to be set for Smith.

Canadian on death row ‘horrendously sorry’ but victims’ families show no mercy

may 2 2012, source : http://www.globalnews.ca

watch the court’s video : click here

DEER LODGE, Montana – A Canadian on death row in Montana for killing two men said he is “horrendously sorry” Wednesday, but the passage of time appeared only to have steeled the resolve of the victims’ families to show him no mercy.

A visibly angry Thomas Running Rabbit, son of one of the victims, said he would seek justice for the father he never knew until “Ronald Smith’s last breath.”

“The decisions he made he has to pay for,” Running Rabbit told Smith’s clemency hearing. “He had no mercy for my father – a person I have never met.”

He then pointed at Smith and said: “I’m Thomas Running Rabbit. I do not fear you.”

A cousin, Camille Wells, called Smith “an animal.”

“He is the scum of the earth and I will hate him until the day I die.”

And an uncle told the Montana Board of Pardons and Parole that 30 years was too long to wait for justice. William Talks About said the victims’ mothers never got to see justice done before they died.

“Ronald Smith needs to be executed,” said Talks About. “Thirty years is too long.”

Smith, 54, has been on death row ever since he admitted to shooting Thomas Mad Man Jr. and Harvey Running Rabbit in 1982. He originally asked for the death penalty, but soon after changed his mind and has been fighting for his life ever since.

He is asking the board to recommend his death sentence be commuted. The board is to give its recommendation the week of May 21. Montana Gov. Brian Schweitzer will have the final say.

Originally from Red Deer, Alta., Smith was 24 and had been taking LSD and drinking when he and Rodney Munro marched the two men into the woods where Munro stabbed one of them and Smith shot them both in the head.

Munro accepted a plea deal, was eventually transferred to a Canadian prison and has completed his sentence.

It was a cold-blooded crime. They wanted to steal the men’s car, but Smith also said at the time he wanted to know what it was like to kill someone.

Talks About said both victims were much loved by their families. They searched for them for a month after they disappeared.

“Up and down both sides of the highway,” he said. “This is how much we loved our boys. This is how much we cared for them.”

Earlier during the hearing, Smith faced the families and said he didn’t expect them to forgive him, but hoped to be given the chance to get on with his life.

“I do understand the pain and suffering I’ve put you through,” he said. “It was never my intent to cause any suffering for anybody. I wish there was some way I could take it back. I can’t.

“All I can do is hope to move forward with my life and become a better person.”

Smith broke down and cried when his sister, Rita Duncan, read a letter he had written to their mother after her death last year.

Smith covered his eyes, brushed away tears and was patted on the shoulder by his lawyer.

Duncan said although she shut Smith out of her life for years, he has always loved her and she is proud to be his sister.

“I honestly do not know what I would do without my brother by my side. I can’t bear the thought of losing another brother and I’m sorry if this sounds selfish. I don’t know what I would do without him,” said Duncan, her voice quavering.

She asked people in the packed courtroom to put themselves in her place.

“Wouldn’t you want grace and mercy to be shown to him when he’s done everything in his power to change himself and become the man he is today?” she asked.

“Mercy is not about getting something that we deserve. Grace is getting something that we do not deserve, so today I am here pleading for both mercy and grace for my brother Ron.”

Smith was long thought to be the only Canadian facing execution in the United States, but a Canadian connection recently emerged in another case.

Court documents say Robert Bolden, currently on death row for murdering a bank security guard in Missouri, has Canadian citizenship. He was born to a Canadian woman in Newfoundland where his father was stationed with the U.S. air force. The family moved back to the U.S. when Bolden was a young child.

Smith’s daughter, Carmen Blackburn, also spoke at the hearing. She said she didn’t know the man her father was in 1982, but she knows who he has become.

“This situation is not easy on anybody involved, but I can only hope that everyone can look into their hearts and listen to the real facts about my dad, because I truly don’t know what I would do without him in my life,” she said, crying as she spoke.

“I’ve seen a man who has many regrets about the things that he has done. He shows his remorse in his eyes and in his voice and every time we talk. I wish I could take away that pain.”

A psychologist told the hearing that Smith is a model prisoner and poses little threat to the people around him. Dr. Bowman Smelko said Smith has shown improvement during his time in prison and his cognitive ability has jumped 16 points from low to high average.

“He was not exposed to drugs and alcohol. He was not exposed to chaos. He has demonstrated significant change in attitude, thoughts and behaviour,” Smelko said.

The hearing also heard that Smith is well-liked by prison guards.

Joe Warner, who has now retired, was there the day Smith arrived at the prison 30 years ago. Over the years, he said, Smith showed him nothing but respect and he considers Smith a friend. Once a proponent of the death penalty, Warner said he now feels differently.

“I’ve kind of changed my mind,” said Warner, who added that getting to know Smith contributed to that.

Warner drew disapproving murmurs from the families of the victims when he said he would like to see Smith eligible for parole some day.

After decades of appeals, the clemency hearing is Smith’s last chance to make a case before the board as to why he should not be executed.

Smith’s lawyer Greg Jackson told the hearing that the bid for clemency isn’t meant to minimize the “terrible crime” that Smith is guilty of, but “is a request for mercy.”

Jackson said Smith is not the same man who killed the young men.

“He is a changed man,” said Jackson. “He has reformed his life. He has expressed deep remorse and deep regret.

“He has a life that is worth preserving.”

When the state asked if Smith had any comment to make about the testimony of the witnesses, he replied: “I wish there were words I could say that would help ease their pain. How do you apologize? Sorry just doesn’t cover it.

“My words of sorrow don’t mean anything to these people. I wish they did.”

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MONTANA – Ronald Smith makes his final bid to escape execution

April 27 source : http://www.ottawacitizen.com

 

Albertan Ronald Smith is the only Canadian on death row in the U.S. He has finally exhausted his legal appeals to avoid execution for the 1982 murders of two men, but is seeking executive clemency. Ronald  Smith  is the only Canadian on death row in U.S

It happened along the highway that cuts through a picturesque mountain pass in northwest Montana, not far from the Canada-U.S. border south of Lethbridge, Alta., in a roadside stand of trees located almost exactly on the Continental Divide.

The place where 24-year-old Albertan Ronald Smith murdered two young Montana men in August 1982 was, looking back over nearly 30 years, a portentous setting: Smith’s cold-blooded killing of Blackfeet Indian cousins Thomas Running Rabbit, 20, and Harvey Mad Man, 23 — whose fatal mistake was kindly offering a lift to the drunk and drugged-up Canadian hitchhiker and his two friends from Red Deer, Alta. — has underscored North America’s deep continental divide over capital punishment, which is still in use throughout much of the United States but was abolished in Canada in 1976.

Now 54, Smith is the only Canadian on death row in the U.S. He has finally exhausted his legal appeals to avoid execution for his horrific crimes, but is seeking executive clemency — and a new sentence of life imprisonment — at a Montana parole board hearing to be held on Wednesday in Deer Lodge, a city in the Rocky Mountain foothills where the state’s maximum-security prison is situated.

The three-member parole panel — which will make its recommendation to Gov. Brian Schweitzer, who ultimately decides Smith’s fate — will hear arguments from state justice officials, members of the victims’ families and others who believe Smith should, as originally sentenced three decades ago, be put to death by lethal injection in the prison’s execution chamber.

“This is the first time that we get to, as a family, sit in the judicial system to face the guy that murdered our boys,” Gabe Grant, uncle to both Running Rabbit and Mad Man, told Postmedia News this week. “We intend to go down there (to Deer Lodge) and be strong. We intend to be adamantly and unitedly joined in denying his clemency.”

The 62-year-old Grant, a housing administrator with the Blackfeet Nation in Browning, Mont., said he will speak at the clemency hearing to describe how his nephews’ deaths were “devastating” for members of their large extended family and led to the “early deaths” of his two sisters — the mothers of Mad Man and Running Rabbit.

“It drove them to break down. They were seemingly normal people back then. But when this happened, it completely devastated their lives,” he recalled.

“We used to do all kinds of family things — the sisters and brothers. Our mother was the hub of our family, Cecile, and when this happened, it put a screeching halt to family activities because of the impact of what happened. We eventually recovered to a certain point, but never to the fullest extent of the good times that were enjoyed prior to that.”

Montana state attorneys will lean heavily on the family’s anguish in arguing to parole officials that Smith does not deserve clemency.

The Alberta-born killer “remorselessly took the lives” of two cousins, Montana’s justice department states in its written submission to the clemency panel, obtained this week by Postmedia News.

Running Rabbit and Mad Man “were loved by countless family members and friends,” the document states, noting how the victims’ “loved ones have suffered the pain and agony of their deaths for over a quarter of a century, a pain that never ends. They can never be replaced.”

Smith confessed to the gunshot murders of the two men. And he initially asked for the death penalty before changing his mind and launching what became a decades-long legal struggle to avoid execution for a crime he claimed was carried out in a haze of drug- and alcohol-fuelled “foolishness.”

Smith’s legal team — including Montana-based defence attorney Greg Jackson and Texas human rights lawyer Don Vernay — will argue that the Canadian inmate is a model prisoner and a transformed human being, a man so filled with regret and remorse over his murderous actions 30 years ago that the state should give Smith what he so brutally denied Mad Man and Running Rabbit: a chance to keep living.

“We would never, ever question the horrendous nature of the crime and the horrendous impact it had on the community,” Jackson said Friday. But echoing several points made in the 19-page clemency application he filed on Smith’s behalf in January, Jackson highlighted the “tremendous growth and rehabilitation” and “exemplary behaviour” the Canadian inmate has exhibited during his incarceration, as well as “the remorse and repentance” he has shown.

“He’s a changed man,” the lawyer said.

Others will address the hearing, possibly Smith’s daughter and sister — both of whom recently told Postmedia News that they’ve nurtured close relationships with Smith despite his long incarceration — as well as advocates on both sides of what has become a lively death-penalty debate in Montana and the broader United States.

But conspicuously silent during the proceedings will be the Canadian government, which recently — and only reluctantly — sent a letter to Montana officials seeking clemency for Smith.

The letter, signed by Foreign Affairs Minister John Baird, stated that while the Canadian government “does not sympathize with violent crime,” it is seeking clemency for Smith “on humanitarian grounds.”

Baird’s letter also noted that the government’s backing of the clemency bid “should not be construed as reflecting a judgment on Mr. Smith’s conduct,” and stipulated that his department was, in fact, “ordered” by the Federal Court of Canada in 2009 “to support Mr. Smith’s case for clemency.”

In effect, the Conservative government has made clear that if its court-forced request to spare Smith’s life is ignored by Montana officials, it won’t be terribly miffed.

“Ultimately, decisions regarding Mr. Smith’s case lie with the relevant U.S. authorities,” a Foreign Affairs spokesperson told Postmedia News earlier this month. “Mr. Smith pleaded guilty and was subsequently convicted of murdering two people. These were admitted crimes.”

Jackson called the Canadian government’s grudging, quasi-backing of Smith “a tremendous disappointment,” adding: “The statement they’ve made (in the letter) is the statement we’re stuck with.”

Opposition critics have condemned the government’s lukewarm efforts in support of Smith’s clemency bid as a “deplorable” indication of the Conservative party’s ambiguous stance on capital punishment and as a “cynical” strategy that could, in fact, “sink” Smith’s petition to avoid execution.

Nevertheless, obtaining even Canada’s nominal endorsement for the clemency initiative was a significant achievement for Smith’s legal team after the Conservative government’s previous decision, in October 2007, to halt diplomatic efforts to prevent Smith’s execution.

That move was prompted by a Postmedia News story that detailed fresh efforts by Canadian diplomats to convince Schweitzer to commute Smith’s sentence and transfer him to a prison in Canada.

At the time, Prime Minister Stephen Harper said his government’s decision to abandon Smith was driven by concerns that lobbying for the killer’s life would “send the wrong signal” to Canadians about violent crime.

“We have no desire to open the debate on capital punishment here in Canada — and likewise, we have no desire to participate in the debate on capital punishment in the United States,” Harper stated at the time. “The reality of this particular case is that were we to intervene, it would very quickly become a question of whether we are prepared to repatriate a double-murderer to Canada. In light of this government’s strong initiatives on tackling violent crime, I think that would sent the wrong signal to the Canadian population.”

But the Federal Court ruling in a lawsuit later launched by Smith’s legal team said the government’s withdrawal of support for clemency was “unlawful.” The decision compelled Canadian officials to restart talks with Montana — and eventually forced Baird’s hand in the December letter that officially, if not insistently, asked the state not to put Smith to death.

Grant acknowledged that critics of capital punishment have a point when they say innocent people are sometimes executed in the United States.

“It’s not that in this case,” he said. “Ronald Smith, right from the get-go, said ‘I did it.’ He boasted about it. He jumped up and down and said, ‘Take me — give me the death penalty.’ So it’s not a case of executing somebody innocent.

“He was not remorseful then. I don’t believe he’s ever been.”

Don’t revive capital punishment debate

march 21. source http://www.royalcityrecord.com

It is completely understandable that when we, as a society, are faced with a monstrous crime, we ponder capital punishment.

Paul Bernardo, Clifford Olson, Robert Pickton and now those accused of murdering young Tori Stafford – who hasn’t considered that the world would be a better place if such people were put to death ?

In our well-placed horror and anger, we forget how many innocent people have been put to death, or how many innocent people sat on death row for decades before being cleared.

Those who argue for reinstating the death penalty say that it should be reserved for only those cases where guilt is absolute and the crime merits the penalty. But that has been the justification throughout history – and, as we know, our barometer of what merits the ultimate penalty has changed over time.

Some history books say the first execution in Canada, on Jan. 19, 1649, was a 16-year-old girl found guilty of theft.

Ronald Turpin and Arthur Lucas were the last prisoners to suffer execution in Canada, in 1962.

Turpin was a small-time thief who shot a policeman while fleeing a restaurant robbery.

w was a black man convicted of killing an FBI informant despite lingering questions over his guilt and mental impairment. Both had little previous violence in their history.

Canada abolished the death penalty in 1976, and, while there have been calls to bring it back, polls suggest that many Canadians continue to believe that the death penalty is simply too “final” to leave in the hands of a fallible justice system subject to politics and prejudice.

Even the “tough-on-crime” Conservatives are reluctant to start the debate again.

And that, for once, is a good thing.