Capital punishment

OHIO – Death penalty for Ohio man in triple stabbing – Caron Montgomery

May 16, 2012 Source : http://www.reviewonline.com

COLUMBUS, — A three-judge panel on Tuesday handed down a death penalty verdict for an Ohio man after he pleaded guilty to killing a woman he lived with and her two children on Thanksgiving Day in 2010.

The Franklin County death verdict for Caron Montgomery of Columbus was the county’s first in a decade and also a relatively rare case of a death penalty verdict following a guilty plea.

The panel will formally sentence Montgomery to death May 22. On Tuesday, the judges found that the circumstances of the crime outweighed evidence that Montgomery presented as to why he should be spared, and that a death sentence was the appropriate punishment.

The three-judge panel “followed the law and rendered their verdict based upon the overwhelming evidence presented,” Prosecutor Ron O’Brien said in a statement. Montgomery’s attorney, Scott Weisman, declined to comment.

Montgomery, 38, pleaded guilty earlier this month to multiple counts of aggravated murder and single counts of murder and domestic violence.

Police found Tia Hendricks and her 2-year-old and 10-year-old children stabbed to death inside Hendricks’ Columbus apartment the day after the killings.

At least seven defendants have received the death penalty after pleading guilty before such panels over the past 30 years in Ohio, including another Franklin County man, Michael Turner, who pleaded guilty in 2002 to killing his estranged wife and her boyfriend.

That’s compared to dozens of cases where three-judge panels found defendants guilty and then sentenced them to death.

Turner remains on death row. Four of the seven defendants who pleaded guilty have since been executed.

ARIZONA – Arizona death-row inmate’s lawsuit heads to court – Samuel Villegas Lopez

May 14, 2012, Source : http://azcapitoltimes.com

Lawyers for an Arizona death-row inmate plan to argue the state’s clemency process is flawed as they make last-minute bids to stop his execution.

Attorneys for Samuel Villegas Lopez contend the execution should be delayed so new members of the state’s clemency board can be appointed. They are set to make their case Monday in Maricopa County Superior Court.

Separate proceedings will be held Monday before the U.S. 9th Circuit Court of Appeals in San Francisco, where lawyers for Lopez will challenge the state’s execution procedures and contend he was denied effective legal representation.

Lopez is scheduled to be executed Wednesday at a state prison in Florence for the 1986 murder of 59-year-old Estefana Holmes. The Phoenix woman was raped, robbed and stabbed in what court papers described as a “terrible and prolonged struggle.”

Lopez would be the fourth person executed by Arizona this year.

His lawyers say Lopez deserves clemency because the trial judge was never told he had brain damage and a difficult childhood.

The Board of Executive Clemency took no action during a May 7 hearing for Lopez when a lawyer for the inmate walked out after challenging the validity of the proceeding.

A lawsuit filed on behalf of Lopez two days later called the hearing a sham resulting from a revamping of the board’s makeup to avoid having clemency recommendations in high-profile cases land on the desk of Gov. Jan Brewer.

The lawsuit asked Superior Court Judge Joseph Kraemer to rule that Brewer’s recent appointments of three of the five members of the board were invalid. The suit cited alleged open meeting law violations by a committee that screen applicants.

“The three board members, rendered null and void by state statute, were equivalent to three empty chairs in the room,” Lopez’s attorneys wrote in a filing in the case.

As a result, Lopez has been denied his due-process right to have the board consider recommending that Brewer commute his death sentence to life in prison or grant him a reprieve delaying the execution, the lawsuit contends.

In court papers filed on behalf of Brewer and other state officials, state Solicitor General David Cole said clemency proceedings are legally a “matter of grace” that only entitle inmates to minimal due process.

On behalf of the state, Attorney General Kent Cattani also urged Kreamer to reject Lopez’s requests and said the inmate’s lawyers had an opportunity to present his case but chose not to do so.

Clemency is a political process decided by elected officials that is not subject to judicial review, Cattani said.

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TEXAS – Steven Staley – execution STAYED

May 14, 2012 Source : http://www.chron.com

HOUSTON (AP) — The Texas Court of Criminal Appeals on Monday stopped this week’s scheduled execution of a convicted killer whose mental health had become an issue in his appeals.

The state’s highest criminal court gave a reprieve to Steven Staley, 49, who was set for lethal injection Wednesday evening in Huntsville for the 1989 shooting death of a Fort Worth restaurant manager during a botched robbery.

“This is great,” said Staley’s attorney, John Stickels. “I’m very happy.”

Prosecutors contended Staley was competent for execution, but Stickels in his appeal to the court said that was accomplished only because a state judge in Fort Worth improperly ordered Staley be given drugs to make him competent so the state of Texas could kill him.

The appeals court spent much of the ruling’s three pages recounting Staley’s case in the courts and only in a final paragraph specifically addressed the appeal, saying the court had determined the execution should be halted “pending further order by this court.”

It gave no reason. Justice Lawrence Meyers dissented from his eight colleagues but issued no dissenting opinion.

“I don’t know what’s next,” Stickels said. “It just orders the execution stayed and doesn’t order anything else. I’m not going to do anything until they tell me.”

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Justice Department investigates 2 ex-prosecutors involved in federal death penalty case in Ga.

may 13, 2012 Source : http://www.therepublic.com

ATLANTA — The Justice Department is investigating two former federal prosecutors in Atlanta because of alleged misconduct in a death penalty case, the chief federal prosecutor here said.

U.S. Attorney Sally Quillian Yates said she reported Todd Alley and Matthew Jackson to the department’s Office of Professional Responsibility last month after U.S. District Senior Judge Clarence Cooper accused the pair of repeatedly deceiving him during pretrial litigation in the capital case of Brian Richardson, according to The Daily Report (http://bit.ly/K5JgeV ).

Cooper issued an order outlining his problems with the two lawyers during the penalty phase of Richardson’s trial after a jury had found him guilty of murdering a fellow inmate at the U.S. Penitentiary in Atlanta. The jury later deadlocked on the death penalty, leaving Cooper to sentence Richardson to life without parole.

Yates told the newspaper it was the second time she asked the department’s disciplinary arm to investigate Alley and Jackson in connection with Richardson’s case. She said she reported both prosecutors last year and pulled them from the case after public defenders accused the two of violating an order that had disqualified Alley from the case.

She said she called for the investigation after Richardson’s attorneys told her that Jackson, in a recorded conversation with another federal inmate, made inappropriate comments about the defense team. Richardson’s lawyers also accused Alley of taking multiple phone calls from the same inmate, a potential witness in the case against Richardson, even after he had been disqualified from the case.

She said it was the second time she has asked the department’s disciplinary arm to investigate the two.

Alley, who is now in private practice, declined to comment to The Daily Report. Jackson, who is now a federal prosecutor in Florida, couldn’t be reached for comment by The Daily Report. The two did not immediately return calls seeking comment from The Associated Press on Sunday.

Richardson’s defense team said in court pleadings and an interview with the newspaper that Alley and Jackson engaged in intentional and repeated misconduct. They cited recorded phone calls with the inmate in which Jackson disparaged the defense team. In one call, Jackson joked that if the inmate were to kill a defense attorney, “we’ll go light on you.”

Richardson faced the death penalty for the July 2007 killing of Steven Obara, 60, who was stabbed and choked before he was strangled to death. The inmate, who was abused as a child, told authorities he targeted his cellmate because Obara was serving a prison sentence on child molestation charges.

The death penalty case was a rarity in the federal court system, and prosecutors and federal defense lawyers devoted considerableresources to it. Authorities say Richardson was a cold-blooded killer who lulled Obara into believing they were friends and then turned on him. But his defense team argued that Richardson’s violent past was rooted in an abusive childhood that led to mental illness.

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Death penalty violates human rights

May 12, 2012 Source : http://www.newsday.co.zw

Section 4.1 of the draft constitution has the encouraging sub-title “The right to life”, but this fundamental human right is almost immediately erased when, in subsection (2), the death penalty is announced.

“A law may permit the death penalty to be imposed only on persons convicted of murder committed in aggravating circumstances . . .” reads the draft. 
Before we advocate for the death penalty, we need to take into cognisance the old adage that two wrongs do not make a right and in this case, two murders do not bring back a life.

We should not pretend that capital punishment is not murder because of the legal technicality behind it. While we do not condone criminals, including murderers, we think the death penalty is morally wrong.

Section 4.5 of the draft constitution has the sub-title “Freedom from torture or inhuman or degrading treatment and punishment” and it clearly states: “No one may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment.” 

The cruel irony is that there is no worse torture than being on death row, living each day knowing that someone has the legal power to take away your life any time. By allowing the death penalty, the constitution would be presupposing the infallibility of the judicial system which is not always the case. 

Judges and juries, like any other human beings, are prone to mistakes and globally, there are documented cases where people have been wrongly executed by the State. In this country, we have had people wrongfully accused of murder; Cain Nkala’s case quickly comes to mind.

We are all aware of how the justice system is prone to manipulation by politicians in this country and it might not be surprising to have innocent people hanged for political expediency.

In a country like ours, where the police are known for lack of professional ethics, forced and falsified confessions can easily lead innocent people to the gallows.

It is also a shuddering thought that the State would employ a professional murderer in the name of a hangman. By implication, the executioner is a murderer who deserves to be executed as well.

A convicted murderer deserves severe punishment, but he or she is still a human being who deserves the chance to be corrected and rehabilitated, which is central to the modern-day prison system. 

Research has shown that although the death sentence represents a strong condemnation of brutal and violent crimes, it does not necessarily deter people from perpetrating violent crimes.
Those who clamour for the death penalty do not know that they have literally descended to ancient times where an eye for an eye was central to legislation and this, as Mahatma Ghandi once said, will make the whole world blind. It will only serve the purpose of advancing the murderous cycle.

The death penalty is a violation of human rights, especially the right to life that the constitution must safeguard

USA – Amnesty International – Know the Facts About Capital Punishment

Last Update February 2012 

Capital punishment does not work. There is a wealth of mounting evidence that proves this fact.

The death penalty, both in the U.S. and around the world, is discriminatory and is used disproportionately against the poor, minorities and members of racial, ethnic and religious communities. Since humans are fallible, the risk of executing the innocent can never be eliminated.

Furthermore, the astronomical costs associated with putting a person on death row – including criminal investigations, lengthy trials and appeals – are leading many states to re-evaluate and re-consider having this flawed and unjust system on the books.

Learn more about death penalty statistics and key arguments:

click on the differents categories for read the pdf file from Amnesty International

 

“Witness to Homicide” is a haunting report of the execution of Michael Selsor by the only journalist to ever interview him.

May 10, 2012 Source : http://www.aljazeera.com

In 2010, while making an episode of Fault Lines on the death penalty in the US, Josh Rushing interviewed death row inmate Michael Selsor. It was the only interview Selsor ever granted.

Two years later, Rushing returned to watch Selsor die.

In this special report, he takes an unflinching look at an American execution.

Read the full article and Selsor’s interview : click here 

FLORIDA – Death row inmate’s fate now up to Judge Berger- James Daniel Turner

May 10, 2012 Source : http://staugustine.com

A death row inmate convicted in a brutal stabbing death in a motel room in 2005 now must do what probably is familiar to him: wait.

James Daniel Turner was in court Wednesday for the second day of an evidentiary hearing in which his attorneys asked for a new trial. They said Turner’s former attorneys didn’t make the jury aware of significant mental health illnesses he had when Renee Boling Howard, 37, a mother of five, was stabbed to death at a Comfort Inn.

The hearing concluded before noon, and now Circuit Judge Wendy Berger will think over the matter before making a decision.

No date has been set for a decision.

On Tuesday, an expert witness for the defense said Turner suffers from bipolar and borderline personality disorders and attention deficit hyperactivity disorder and that the jury was not made aware of those diagnoses.

On Wednesday, an expert witness for the state said he does not believe Turner suffers from bipolar or borderline personality disorders.

Dr. Jeffrey Danziger, a Maitland-based psychiatrist and medical doctor, said the symptoms that led to those diagnoses were induced by Turner’s dependence on powdered methamphetamine, cocaine and alcohol and did not appear in the seven years he was in prison.

Danziger said Turner “does not suffer from bipolar disorder because he hasn’t had a manic episode that I am aware of.”

He said accounts of manic activities such as Turner’s spending of a $25,000 settlement in one week and unstable romantic relationships, including three failed marriages, could be attributed to the effects of the substances.

Rather, “he has some situational unhappiness, and that’s to be expected” because he is in prison and sentenced to death, Danziger said.

He said Turner had not exhibited borderline behavior while in prison, such as cutting himself, banging his head against a wall or attempting suicide.

And the ADHD?

“Maybe,” Danziger said. But even if he does suffer from that disorder, “it has little to do with (the murder) in 2005.”

Danziger agreed with several previous diagnoses that found that Turner has frontal lobe damage.

He said those findings were “not surprising for someone who has a history of heavy substance abuse and maybe suffered some knocks to the head,” including head trauma in substance-induced car accidents.

A jury in 2007 found Turner, then of Silverstreet, S.C., guilty of stabbing Howard on Sept. 30, 2005, at the St. Augustine motel off State Road 207 and Interstate 95 after escaping from a South Carolina prison and stealing a police car.

Prosecutors said he stabbed Howard several times before turning to see her crawling toward the door and stabbing her again.

Two of Howard’s children, a 10-month-old and a 2-year-old, were in the room, as was her 10-month-old grandchild. They weren’t injured, but Howard’s friend Stacia Raybon was attacked twice before locking herself in the bathroom.

If Berger grants a new trial, it would be the third for Turner.

Berger declared a mistrial during Turner’s first trial in July 2007 when a juror had a seizure during consideration of the fifth and final charge against the defendant.

Jurors found him guilty Nov. 29, 2007, during his retrial and later recommended the death penalty.

Dr. Miguel Mandoki, a Jacksonville psychiatrist, said during the first trial that he believed Turner was insane when Howard was killed in St. Augustine.

In addition to the death sentence, Berger sentenced Turner to life in prison for home invasion robbery with a deadly weapon, five years for the grand theft of Howard’s Ford F-150 pickup truck and 15 years for aggravated assault on a police officer.

St. Johns County Deputy Graham Harris had testified that he chased Turner south on State Road 207 at speeds between 90 and 100 mph. He said Turner put the pickup truck in reverse and rammed his patrol car before jumping off the Deep Creek bridge.

CALIFORNIA – California Supreme Court upholds 1999 death sentence

May 7, 2012 Source : http://blog.pe.com

The California Supreme Court Monday, May 7, upheld a death penalty sentence for a Mead Valley man sentenced in 1999 for his conviction of first-degree murder during a sexual assault on an 81-year-old woman who was a neighbor and long-time family friend.

The state high court voted 7-0 to uphold the death penalty for William Alfred Jones Jr, now 55, who was convicted by jurors for the attack that left Ruth Vernice Eddings dead.

Her nude body was found June 19, 1996, on the living room floor of her mobile home along Cajalco Road. Jones had torched the building to cover up the murder, and arson investigators discovered the body.

Jones admitted to sheriff’s investigators he had been drinking heavily when he went to Eddings’ mobile home to sexually attack her.

At the time, Jones was a parolee and registered sex offender living with his parents and working as a carpenter. He had been released from prison about 1 1/2 years earlier and had befriended Eddings, who had been his parents’ neighbor for many years.

Jones’ criminal past included several attacks on women and children, starting at age 15 when he stabbed a teacher. In 1990, he raped a 16-year-old girl, went to prison and was paroled.

Among the appeal items rejected Monday by the state Supreme Court was that the trial judge erred during the penalty phase by allowing the victim impact statement of the teacher, who was attacked in 1972.

NEVADA – Nevada court reviews death penalty sentence of convicted killer

May 7, 2012 Source : http://www.lasvegassun.com

A convicted killer does not have to show by a preponderance of the evidence that he does not deserve a death sentence, a defense lawyer says.

John R. Petty of the Washoe County public defender’s office told the Nevada Supreme Court that it should nullify the death penalty given murderer James Biela because a wrong instruction was given to the jury during the penalty phase of the trial in Reno.

But Terry McCarthy of the Washoe County district attorney’s office said each juror makes his or her own decision. And the death penalty should be upheld.

But Justice Kristina Pickering said there could be confusion in the jury instruction.

On Jan. 20, 2008, 19-year-old Brianna Dennison disappeared while sleeping on the couch of the home of a friend in Reno. Her body was found Feb. 15 in a field. She had been raped and strangled with a pair of thong panties.

Petty, the chief appeal deputy in the public defender’s office, said the jury was wrongly instructed that the mitigating circumstances must outweigh the aggravating circumstances to eliminate the possibility of the death penalty.

But Justice Michael Douglas noted the defense at the trial never objected to the jury instruction. Nor did the defense attorney argue against it in his closing argument.

But Petty said the court should either grant a new penalty hearing or reduce the death sentence to life in prison without the possibility of parole.

Deputy District Attorney McCarthy told the court there was no requirement at trial that the death penalty be imposed. He said it was a moral judgment by the juror.

In his brief to the court, McCarthy quoted the instruction as saying, “If you find unanimously and beyond a reasonable doubt that at least one aggravating circumstance exists and each of you determines beyond a reasonable doubt that any mitigating circumstance do not outweigh the aggravating, the defendant is eligible for a death sentence.”

The court took the arguments under submission.

Biela is one of 82 men on death row in the state prison in Ely.

There has not been an execution by lethal injection in Nevada since Daryl Mack was put to death on April 26, 2006.