capitalpunishment

Georgia Sets March 20 Execution Date for Willie Pye Despite Strong Evidence of Intellectual Disability and Previous Finding of Ineffective Representation by Attorney with History of Racial Bias EXECUTED 11.03 PM

UDPATE march 22. 2024

he state of Georgia on Wednesday executed death row inmate Willie Pye, who was convicted and sentenced to die for the 1993 murder of Alicia Lynn Yarbrough.

The execution – Georgia’s first in more than four years – was carried out by lethal injection at 11:03 p.m. at a prison in Jackson, about 50 miles south of Atlanta, the Georgia Department of Corrections said in a news release. Pye did not make a final statement, it said.

Pye, 59, was put to death after the US Supreme Court denied his final appeals late Wednesday. In a clemency petition and various court filings, Pye and his attorneys had argued for his life to be spared, citing an intellectual disability, a troubled upbringing and ineffective assistance of counsel.

“The State of Georgia obtained Willie’s death sentence only after providing him a racist and incompetent defense attorney. And the State has insisted on standing by that death sentence in spite of his lifelong intellectual disability and the fact that he presents a danger to no one in prison,” his attorney, Nathan Potek, said after the execution.

“The people of Georgia deserve better,” he added, describing Pye as a loving son, brother and uncle who “will be dearly missed by his friends, family, and his legal team.”

March 7, 2024

The Georgia Attorney General has announced that Willie James Pye, who previously had his death sentence reversed due to his attorney’s failure to investigate his background, only to see the death sentence reinstated on appeal, is set to be executed on March 20. Mr. Pye’s court-appointed trial attorney, Johnny Mostiler, has been accused of ineffective representation or racial bias in at least four cases involving Black defendants and reportedly called one of his own clients a “little n****r.” Mr. Pye has also exhibited “undisputed” signs of intellectual disability, with an IQ of 68 and a history of learning difficulties. Georgia has not conducted an execution in over four years, and Mr. Pye is the state’s first scheduled execution date in about two years.

Mr. Pye was convicted and sentenced to death in 1996 for the kidnapping, robbery, rape, and murder of his ex-girlfriend Alicia Yarbrough. At the time, Mr. Mostiler had a lump-sum deal with Spalding County to represent the entire indigent criminal caseload, which numbered some 800 felony and five capital cases. He also had an active private civil practice. Mr. Mostiler only spent about 150 hours on Mr. Pye’s case, including the trial itself, while studies have found that thousands of hours are typically required for effective capital defense representation. He also spent less than five hours preparing the case for a life sentence, most of it on the day of the penalty phase and the day before. Due to his limited investigation, he did not uncover evidence of Mr. Pye’s traumatic upbringing and intellectual disability. Mr. Pye grew up experiencing “near-constant physical and emotional abuse, extreme parental neglect, endangerment, and abject poverty.” He battled severe depressive episodes and reported hearing voices prior to the killing. However, Mr. Mostiler relied on Mr. Pye’s sister to recruit family members as witnesses and told them only to testify to Mr. Pye’s good character, without delving into the difficulties of Mr. Pye’s childhood. He did not request an evaluation of Mr. Pye’s intellectual functioning or develop evidence regarding the claim even after the state expert tested Mr. Pye’s IQ at 68, in the impairment range. 

At least three of Mr. Mostiler’s clients have been executed, including Kenneth Fults and Curtis Osborne; Mr. Mostiler infamously slept through portions of Mr. Fults’ trial, and he told a white client that he would spend much more money on his case than on Mr. Osborne’s because “that little n****r deserves the chair.” In Frederick Whatley’s case, Mr. Mostiler allowed the prosecution to force Mr. Whatley to reenact the murder while shackled in manacles and leg irons. Justice Sonia Sotomayor later wrote that it was “hard to imagine a more prejudicial example of needless shackling.” A 2001 profile of Mr. Mostiler following his death found that he had handled “more than seven times the number of indigent cases the American Bar Association (ABA) believes is manageable…turning over one case every 100 minutes, less time than a private attorney might devote to a simple traffic violation.” The profile called him the “archetype” of “meet ’em, greet ’em, and plead ’em” lawyers. 

In 2021, the U.S. Court of Appeals for the Eleventh Circuit overturned Mr. Pye’s death sentence, unanimously finding that Mr. Mostiler failed to investigate and present a broad range of available mitigating and rebuttal evidence. The panel did not reach the merits of Mr. Pye’s intellectual disability claim, writing that the ineffective assistance claim was sufficient to require a new sentencing trial, but highlighted substantial evidence of Mr. Pye’s low cognitive functioning. However, on the state’s motion, the Eleventh Circuit reconvened en banc (with the full court) and reinstated Mr. Pye’s death sentence. The court acknowledged that Mr. Mostiler’s performance was deficient, but held that it was required under the Anti-Terrorism and Effective Death Penalty Act (AEDPA) to defer to the state court’s finding that Mr. Mostiler’s performance did not prejudice Mr. Pye. The majority interpreted AEDPA and Supreme Court precedent to conclude that even if the state court’s decision rests on clear errors, federal courts must defer to that decision if there are “additional rationales” that support it. In other words, the federal reviewing court may theorize reasons for the state court’s outcome and adopt those reasons to justify a state court decision that is otherwise wrong on the facts or the law.

Willie James Pye v. Warden, Georgia Diagnostic and Classification Prison (US COURT OF APPEALS) 2021

wo judges dissented in full, while two additional judges joined the dissent in part but concurred in the judgment. Dissenting Judge Jill Pryor wrote that the majority had directly violated Supreme Court precedent by “turning to justifications the state never even hinted at” and relying on “a half-baked textual analysis” in support. She further argued that the holding “creates a practically impossible path to relief for habeas petitioners…[i]f federal courts can bury unreasonable findings under an avalanche of new reasons the state court never gave, then unreasonable findings will virtually never be important enough to satisfy the majority’s test.” 

Judge Pryor also noted the “undisputed evidence” of Mr. Pye’s low intellectual functioning. Supreme Court jurisprudence and scientific research recognize IQ scores below 70 as a strong, often definitive indicator of intellectual disability. Georgia has one of the lowest appellate success rates of intellectual disability claims by capital defendants, with an 11% success rate compared to 82% in neighboring North Carolina. Georgia is also the only state that requires defendants to prove their intellectual disability “beyond a reasonable doubt” at trial, and a 2017 study found that only one defendant had ever been found exempt from the death penalty on these grounds in three decades. Research shows that states that significantly deviate from accepted clinical standards, including Georgia, are much less likely to exempt defendants from the death penalty based on intellectual disability.

Judge Pryor concluded that under the majority’s ruling, the “writ of habeas corpus is illusory—impossible, even, to obtain.” She wrote that as the author of the panel opinion, reading the full court’s opinion made her feel like she had “stepped through the looking glass.” However, “what happened during Alice’s time through the looking glass was a dream…This case, unfortunately, is not.”  

EXECUTION CARRIED OUT 2023 Texas executes Brent Brewer, who spent three decades on death row

November 9, 2023

Brewer lost a clemency appeal earlier this week, despite one of his jurors pleading that his life be spared and an expert witness’ methods put into question. The U.S. Supreme Court declined to pause Brewer’s execution Thursday afternoon to hear arguments about the “junk science” used against him.

The state of Texas executed Brent Brewer, who spent three decades on death row on Thursday evening for the 1990 murder of Robert Laminack. It was the seventh execution of 2023.

In late appeals, Brewer’s lawyers argued that his death should be delayed to consider the issue of unreliable testimony, or what his lawyers called “junk science,” but late Thursday afternoon the U.S. Supreme Court denied that request. Earlier this week, Texas’ highest criminal appeals court declined similar motions to stay Brewer’s execution.

The Texas Board of Pardons and Paroles unanimously rejected Brewer clemency appeal on Tuesday. Brewer’s legal team requested a lesser penalty for him on the grounds that one of the state’s expert witnesses used unreliable methodologies to testify and that a juror says they mistakenly sentenced Brewer to death.

At 6:23 p.m., Brewer was injected with a lethal dose of pentobarbital. He died 15 minutes later.

“I would like to tell the family of the victim that I could never figure out the words to fix what I have broken. I just want you to know that this 53-year-old is not the same reckless 19-year-old kid from 1990. I hope you find peace,” Brewer said in a final statement.

Brent Brewer was convicted of killing Laminack, who owned a business in Amarillo, according to court documents. Brewer asked Laminack for a ride to a Salvation Army with his girlfriend Kristie Nystrom. While en route, Brewer stabbed the 66-year-old Laminack and stole $140 in cash.

Brewer was sentenced to death in 1991 for the murder, but in 2007 the U.S. Supreme Court found that his jury was not given sufficient opportunity for the jury to consider a less severe punishment. Two years later, another jury also sentenced Brewer to death.

Michele Douglas was one of the 2009 jurors. After listening to the evidence, Douglas believed that Brewer didn’t intend to kill Laminack, “things simply got out of hand, with a tragic outcome,” she wrote in an Houston Chronicle opinion piece last week, requesting clemency for Brewer.

During the trial, Douglas did not want to vote in favor of capital punishment for Laminack’s murder, which she did not think was premeditated. Douglas said she misunderstood the jury instructions.

“Believing — incorrectly — that my vote was meaningless, I acquiesced in the majority’s death penalty verdict. I cried when it was read in court. I was haunted afterwards,” Douglas wrote last week.

A death sentence requires a unanimous vote from the jury in Texas. Over the years, jurors in different capital cases across the state have said the instructions are not clear and they would have voted for life sentences without the possibility of parole if they had known that was an option. Lawmakers in the Texas House have passed legislation during several sessions attempting to clarify the instructions but those bills failed to get support from the Senate.

“There’s nothing political about this — it’s about whether the awesome power of the government to take a life is given to it knowingly rather than by what amounts to trickery,” said Rep. Joe Moody, D-El Paso, in a statement about the role of misleading jury instructions in Brewer’s case ahead of Brewer’s execution. “This simply can’t continue; it’s morally wrong. I call on leaders in both parties and both chambers to pass this legislation swiftly at the next possible opportunity.”

During Brewer’s 2009 sentencing, the state called on forensic psychiatrist Dr. Richard Coons to testify about the danger Brewer posed to those in prison. Coons was a regular expert, called on by the state in dozens of death penalty cases, to forecast how defendants would behave in the future.

Coons asserted that a significant amount of crime goes unreported in prisons, and while Brewer’s record was largely clean, it was likely the defendant would commit more acts of violence.

But three years after Coons testified on Brewer’s dangerousness, the Texas Court of Criminal Appeals ruled that the psychiatrist’s techniques for predicting the risks defendants posed were unreliable.

“We see this case as a kind of an outlier, based on all of these things that have happened in this case, including the junk science that was presented,” Shawn Nolan, Brewer’s attorney, told The Texas Tribune on Monday.

But on Tuesday, the same court rejected Brewer’s motions to stay his execution, which were part of his legal team’s effort to challenge the use of Coons’ testimony in Brewer’s sentencing. Coons never evaluated Brewer yet still told the jury that the defendant would pose a risk to those in prison. The appeals court maintained that Brewer’s lawyer at the time did not sufficiently object to Coons testimony.

“His execution is the farthest thing from justice,” Nolan said in a statement after the Supreme Court declined to intervene ahead of Brewer’s execution. “Texas used the unscientific, baseless testimony of Dr. Richard Coons to claim Brent would be a future danger, although the state and the courts have admitted for years that this exact doctor’s testimony was unreliable and should not be considered by juries in capital cases.”

Nolan filed a motion with the U.S. Supreme Court on Tuesday to pause the Nov. 9 execution date to consider the issue with Coons’ testimony, according to court documents.

Last year in federal court, U.S. District Judge Matthew Kacsmaryk found that Brewer’s 2009 trial lawyers acted reasonably by not objecting to Coons’ testimony before his methodologies were ruled unreliable. Earlier this year the 5th U.S. Circuit Court of Appeals affirmed Kacsmaryk’s opinion.

Nolan said Brewer joined the religious programming available to those on death row and since then he has grown as a person of faith, which was also cited in Brewer’s clemency application.

“Worries are kind of small when you’ve taken someone’s life, you know, when someone is permanently gone like that. But I am sorry for what I did,” Brewer said in a video included in his clemency application. “Even if it doesn’t change the outcome, at least they get to hear it before I go.”

Executions Scheduled for 2018

Executions Scheduled for 2018

Month State Prisoner
January
2 PA Sheldon Hannibal — STAYED
3 OH John Stumpf — RESCHEDULED
3 OH William Montgomery — RESCHEDULED
18 TX Anthony Shore
25 AL Vernon Madison
30 TX William Rayford
February
1 TX John Battaglia
13 OH Warren K. Henness — RESCHEDULED
13 OH Robert Van Hook — RESCHEDULED
13 OH Raymond Tibbetts
22 TX Thomas Whitaker
March
14 OH Douglas Coley — RESCHEDULED
14 OH Warren K. Henness — RESCHEDULED
20 MO Russell Bucklew
27 TX Rosendo Rodriguez
April
11 OH Melvin Bonnell — RESCHEDULED
11 OH William Montgomery
May
30 OH Stanley Fitzpatrick — RESCHEDULED
June
27 OH Angelo Fears — RESCHEDULED
July
18 OH Robert Van Hook
August
1 OH David A. Sneed — RESCHEDULED
September
13 OH Cleveland R. Jackson
October
10 OH James Derrick O’Neal — RESCHEDULED
November
14 OH John David Stumpf — RESCHEDULED

Ex-Virginia executioner becomes opponent of death penalty – Jerry Givens

Jerry Givens executed 62 people.
His routine and conviction never wavered. He’d shave the person’s head, lay his hand on the bald pate and ask for God’s forgiveness for the condemned. Then, he would strap the person into Virginia’s electric chair.
Givens was the state’s chief executioner for 17 years — at a time when the commonwealth put more people to death than any state besides Texas.
“If you knew going out there that raping and killing someone had the consequence of the death penalty, then why are you going to do it?” Givens asked. “I considered it suicide.”
As Virginia executed its 110th person in the modern era last month, Givens prayed for the man, but also for an end to the death penalty. Since leaving his job in 1999, Givens has become one of the state’s most visible — and unlikely — opponents of capital punishment.
Givens’s improbable journey to the death chamber and back did not come easily or quickly for the 60-year-old from Richmond. A searing murder spurred his interest in the work, but it was the innocent life he nearly took that led him to question the system. And he was changed for good when he found himself behind bars.
His evolution underscores that of Virginia itself and the nation. Although polls show that the majority of state residents still support the death penalty, Virginia has experienced a sea change on capital punishment in recent years that is part of a national trend.
Givens grew up in the Creighton Court housing complex in Richmond, where he also graduated from high school in the early 1970s. By 1974, he had gotten a job at a Philip Morris plant and then lost it after fighting with a co-worker.
He recalled someone telling him that he should apply for a job at the state penitentiary before he got sent there. Givens did just that.
After two years as a prison guard, he said, a supervisor approached him about working on death row. He would not be paid extra, but he accepted the job.

“If you knew going out there that raping and killing someone had the consequence of the death penalty, then why are you going to do it?” Givens asked. “I considered it suicide.”

As Virginia executed its 110th person in the modern era last month, Givens prayed for the man, but also for an end to the death penalty. Since leaving his job in 1999, Givens has become one of the state’s most visible — and unlikely — opponents of capital punishment.

His evolution underscores that of Virginia itself and the nation. Although polls show that the majority of state residents still support the death penalty, Virginia has experienced a sea change on capital punishment in recent years that is part of a national trend.

The state has had fewer death sentences over the past five years than any period since the 1970s. Robert Gleason, who was put to death Jan. 16, was the first execution in a year and a half. As recently as 1999, the state put 13 to death in a single year.

Nationwide, the number of death sentences was at record lows in 2011 and 2012, down 75 percent since 1996, according to the Death Penalty Information Center. Five states have outlawed capital punishment in the past five years, and Maryland Gov. Martin O’Malley (D) affirmed plans to push for a moratorium there. Gallup polls show support for capital punishment ebbing.

Givens’s improbable journey to the death chamber and back did not come easily or quickly for the 60-year-old from Richmond. A searing murder spurred his interest in the work, but it was the innocent life he nearly took that led him to question the system. And he was changed for good when he found himself behind bars.

His story helps explain how a state closely associated with the death penalty for decades has entered a new era.

“From the 62 lives I took, I learned a lot,” Givens said.

The first execution

Friends and strangers regularly ask Givens the essential question: What is it like to take another man’s life? In answering, he vividly recalls his first execution, in 1984.

BOOKS 2013

Women Who Kill Men: California Courts, Gender, and the Press examines the role that gender played in the trials of women accused of murder in California between 1870-1958. The authors trace the changing views of the public towards women and how these views may have affected the outcomes of the cases. Some defendants faced the death penalty and were executed; some were spared. Often the public was deeply fascinated with all aspects of the trial and punishment. The book, written by Gordon Morris Bakken and Brenda Farrington, provides in-depth details of 18 murder trials through court records and news coverage.

 

 

A new book by Kathleen Cairns explores the intriguing story of Barbara Graham, who was executed for murder in California in 1955, and whose case became a touchstone in the ongoing debate over capital punishment. In Proof of Guilt: Barbara Graham and the Politics of Executing Women in America, Cairns examines how different narratives portrayed Graham, with prosecutors describing her as mysterious and seductive, while some of the media emphasized Graham’s abusive and lonely childhood. The book also describes how Graham’s case became crucial to the death-penalty abolitionists of the time, as questions of guilt were used to raise awareness of the arbitrary and capricious nature of the death penalty.Cairns is a lecturer in the Department of History at California Polytechnic State University.  She has also written The Enigma Woman: The Death Sentence of Nellie May Madison (Nebraska, 2007) and Hard Time at Tehachapi: California’s First Women’s Prison.

A new international manual covering psychiatric and psychological issues arising in capital cases has been prepared by a team of forensic psychiatrists for use by attorneys, judges, and mental health officials. The Handbook of Forensic Psychiatric Practice in Capital Cases sets out model structures for psychiatric assessment and report writing for every stage of a death penalty case, from pre-trial to execution. It also discusses ethical issues, particularly with regard to an inmate’s competence to be executed. The handbook is published by The Death Penalty Project (DPP) and Forensic Psychiatry Chambers, both based in England. It is available online or in print from DPP.A new international manual covering psychiatric and psychological issues arising in capital cases has been prepared by a team of forensic psychiatrists for use by attorneys, judges, and mental health officials. The Handbook of Forensic Psychiatric Practice in Capital Cases sets out model structures for psychiatric assessment and report writing for every stage of a death penalty case, from pre-trial to execution. It also discusses ethical issues, particularly with regard to an inmate’s competence to be executed. The handbook is published by The Death Penalty Project (DPP) and Forensic Psychiatry Chambers, both based in England. It is available online or in print from DPP.

The Michigan Committee Against Capital Punishment has published a collection of over 40 years of testimony, brochures, and other information by attorney and death-penalty expert Eugene Wanger. The collection begins with the resolution from Michigan‘s 1962 constitutional convention banning capital punishment in the state. It includes Wanger’s testimony at numerous hearings opposing bills attempting to reinstate the death penalty, as well as brochures and short articles. The bound and boxed volume provides a comprehensive overview of the history of death-penalty legislation in Michigan. Through legislation in 1846, the state became first English-speaking government to abolish the death penalty for murder and lesser crimes.

 

A forthcoming book, Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys by Susannah Sheffer, explores the impact of the death penalty on defense attorneys with clients on death row. Through interviews with capital defenders, the author examines how attorneys try to cope with the stress of representing clients facing execution. Sister Helen Prejean, author of Dead Man Walking, said, “This is an important book. The death penalty’s impact is so much broader than we realize, and these attorneys are affected in ways that even I had not imagined. I am grateful to Susannah Sheffer for bringing these stories to light.” Richard Burr, a prominent capital defense attorney, called the book “a beautiful, heartbreaking, and above all uplifting story that makes an essential contribution to literature on the death penalty.” The book is available through Amazon and other outlets.

A new book by Professor Robert Bohm of the University of Central Florida examines the personal impact of capital punishment on those involved in the criminal justice system, beyond the victim and perpetrator of the crime. Bohm listened to those involved in all steps of the judicial process, including investigators, jurors, and the execution team. He has probed the effects of the death penalty on the families of both the murder victim and the offender. The book, Capital Punishment’s Collateral Damage, includes testimonials from members of each group, “allowing the participants…to describe in their own words their role in the process and, especially, its effects on them.” Bohm concludes that this “collateral damage is another good argument for rethinking the wisdom of the ultimate sanction.”

 

A new book, “Where Justice and Mercy Meet: Catholic Opposition to the Death Penalty,” offers a comprehensive discussion of Catholic teaching on capital punishment. It explores a wide range of issues related to the death penalty, including racism, mental illness, and economic disparities. The book is edited by Trudy Conway and David Matzko McCarthy, both professors at Mount St. Mary’s University, and Vicki Schieber–the mother of a murder victim. It includes a foreword by Sister Helen Prejean, author of Dead Man Walking. Joseph A. Fiorenza, Archbishop Emeritus of Galveston-Houston, said the book “is a treasure trove of information on the necessity and urgency to abolish an antiquated approach to capital crimes.”

US – UPCOMING EXECUTIONS – DECEMBER 2012

November 17, 2012 

Dates are subject to change due to stays and appeals

December
12.04.12 George Ochoa Oklahoma  executed
12.11.2012 Roy Ward Indiana Stay likely
 12.11.2012 Manuel Pardo Florida  executed
 12.12.2012 Rigoberto Avila  Texas Changed to 4/10/2013

Utah’s death penalty costs $1.6M more per inmate

November 15, 2012 http://www.sltrib.com

Craig Watson said he didn’t know if “closure” was the proper word.

But as he witnessed the 2010 execution of Ronnie Lee Gardner, who killed Watson’s cousin Melvyn J. Otterstrom at a bar in 1984, a feeling of peace came over him: It was, finally, over.

As Utah lawmakers weigh the cost of executing men like Gardner versus keeping them in prison for life, Watson asked them on Wednesday to remember there are some things that no amount of money can touch — a message also shared by Barbara Noriega, whose mother and sister were killed by another man now on Utah’s death row.

“With the death sentence, there are no recurring offenders and we can go on with our lives,” Watson said, his voice breaking at times as he addressed the Law Enforcement and Criminal Justice Interim Committee.

Rep. Steve Handy, R-Layton, asked for the analysis, the first study to examine what the capital punishment option costs the state and local governments. Handy has not proposed any legislation and said Wednesday he is “under no illusion that people in Utah want to change the present law.” But Handy said the comparative costs of life without parole and the death penalty — which a legislative fiscal analyst pegged “unofficially” at an added $1.6 million per inmate from trial to execution — should be understood.

“Which direction citizens of Utah choose to go remains to be seen,” Handy told the committee.

It is a topic of discussion in other states as well. New Jersey, New Mexico, Illinois and Connecticut all did away with the option in recent years. A year ago, Oregon Gov. John Kitzhaber put a moratorium on executions and ordered a review of that state’s capital punishment law. On Nov. 6, voters in California, where more than 700 inmates sit on death row, rejected a proposition that would have repealed the state’s death penalty; proponents argued for doing away with the option based on its costs.

Lawmakers may get some insight into Utahns’ views of capital punishment from a survey being conducted by students at Utah Valley University under the direction of Sandy McGunigall-Smith, an associate professor of legal studies. The survey will be sent to 6,000 people randomly selected in Ogden, West Valley City, Kamas, Saratoga Springs, Alpine and Taylorsville.

Thomas Brunker, an assistant Utah attorney general, said the state has two policy interests in supporting capital punishment: deterrence and retribution. Gardner’s case illustrated a “special” interest in assuring a condemned person could not kill again, he said, while the heinous nature of the crimes committed by other Utah death row inmates highlighted society’s “right” to exact retribution.

Ralph Dellapiana, a defense attorney and death penalty project director for Utahns for Alternatives to the Death Penalty, said the cost estimates fall short of capturing the full expense of the dozen or so aggravated murder cases filed each year in which the death penalty is an option. Such cases require thousands of hours of extensive, multi-generational social histories of the offender, for example, costs that would not be incurred if the penalty were replaced with a life without parole alternative. The cost analysis also doesn’t include expenses incurred in cases that are prosecuted as capital offenses but that end up in plea deals or acquittals, as occurred recently with Curtis Allgier, who shot and killed corrections officer Stephen Anderson during a 2007 escape attempt.

Without the death penalty, there would be faster closure for victims’ families, he added.

And for offenders’ families.

Peggy Ostler described the pain and emotional roller coaster her parents have experienced over the more than two decades that their adopted son, Michael Archuleta, has spent on death row. Archuleta tortured, raped and murdered Gordon Ray Church, 28, in 1988. The crime was terrible, she said, and life in prison would be appropriate, but facing their son’s execution would be the “final blow” to her parents, who oppose the death penalty.

Watson agreed the legal process is too lengthy and often painful, an argument for streamlining rather than doing away with the death penalty.

For more than two decades, as they waited for justice to be carried out, Watson said he and other relatives had every “stupid” move Gardner shoved in their faces — among them, feigned illnesses and escape attempts, including one at a courthouse in 1985 where Gardner fatally shotattorney Michael Burdell and wounded bailiff Nick Kirk.

“We got to hear about it, we got to see it, we got to relive it,” said Watson, a 37-year veteran law enforcement officer.

Since Gardner’s execution, Otterstrom’s widow and son have finally been able to move on with their lives, he said.

“In my opinion, there isn’t enough money to make a difference,” Watson said.

Noriega placed framed photos of her mother Kaye Tiede, 51, and grandmother Beth Harmon Tidwell Potts, 72, on the table before her as she addressed lawmakers. Tiede had survived two husbands, both killed in automobile accidents, before marrying Rolf Tiede, Noriega said. The two built a cabin, which they called “Tiede’s Tranquility,” in Oakley as a family get-away and where they planned to spend Christmas in 1990.

Von Lester Taylor and Edward Steven Deli, who had escaped from a halfway house, broke into the cabin on Dec. 22, opened presents and waited for the family to return. Tiede, another daughter and Potts arrived first; the two women were shot and the daughter bound and gagged. Rolf Tiede and another daughter arrived next; he was shot and played dead as the two men set the cabin on fire and took off on snowmobiles with the younger daughters. Despite his injuries, Rolf Tiede managed to get help, and Taylor and Deli were captured.

Deli received a life sentence, while Taylor, identified as the shooter, was sentenced to death.

“There is no doubt that these savages did this to my family,” Noriega said, calling the 22 years of legal wrangling that has followed “shocking, a travesty.”

“It might be a lot of things, but it is not justice,” Noriega said.

The family, once so wary of danger and crime, has had to confront evil and personal responsibility in “ways I never imagined,” she added. “Our family feels the death penalty actually represents a reverence for the sanctity of the lives of the innocent.

 

TEXAS – EXECUTION TODAY – PRESTON HUGHES – EXECUTED 7.52 p.m

The condemned prisoner’s mother sobbed and wailed as she witnessed the lethal injection. Hughes’ sister was at her side.

“You know I’m innocent and I love you both,” Hughes, 46, said as his mother cried loudly.

“Please continue to fight for my innocence even though I’m gone.

“Give everybody my love.”

He took several deep breaths and then stopped moving. His mother, seated in a chair near the death chamber window, cried out: “My baby … I haven’t touched my child in 23 years.”

Hughes was pronounced dead at 7:52 p.m. local time, 15 minutes after the lethal drug began flowing into his arms. No one representing his victims witnessed the punishment.

Hughes became the 15th Texas prisoner executed this year and the second in as many nights.

http://www.theprovince.com

The U.S. Supreme Court has refused to stop tonight’s scheduled execution

November 16, 2012 http://www.austinchronicle.com

 

At press time, the state was readying to carry out the Nov. 15 execution of Preston Hughes III, set to become the 15th inmate executed this year and the 492nd inmate executed since reinstatement of the death penalty. Hughes was sentenced to death for the 1988 double murder of 15-year-old LaShandra Charles and her 3-year-old cousin, Marcell Taylor, who were found stabbed to death on a weed-choked trail behind a Fuddruckers in far West Houston (see “Framing the Guilty?,” Nov. 2). Although Charles’ carotid artery and jugular were severed, the first HPD detective arriving at the scene later claimed that Charles was awake and able to talk – and to tell him that she knew her attacker, whose name was Preston. Police quickly moved to a nearby apartment complex, where they found Hughes. Police say they found evidence in his apartment that matched the crime, including a pair of fashion glasses that Charles had been known to wear as an accessory.

Hughes’ appeals have been unsuccessful despite a plethora of evidence that suggests either that he is the wrong man, or that he was framed by police despite being guilty: Evidence records reflect that police logged evidence into custody several hours before they had permission to search Hughes’ apartment. Notably, the glasses that police considered a direct link between Charles and Hughes were not on the evidence list; Hughes’ attorney and supporters believe they were planted in the apartment some time in the hours after Charles was discovered. Moreover, when asked by the Chronicle this fall to review the autopsy evidence, Tarrant County Deputy Medical Examiner Lloyd White concluded that it would have been medically impossible for Charles to have been conscious and talking after sustaining such a fatal injury.

Hughes‘ attorney Pat McCann has filed several recent appeals – including one that raises the question of police having planted evidence – each of which has been denied. Meanwhile, California-based blogger John Allen, known online as the Skeptical Juror (www.skepticaljuror.com), has helped Hughes to file a flurry of pro se writs; each of those also has been denied, clearing the way for Hughes’ execution this evening, Thursday, Nov. 15.

Related articles

Death Row exoneree Randy Steidl
 to speak Nov. 27 at NKU

November 13, 2012 http://www.lanereport.com

 

As part of the Journey of Hope Tour sponsored by the Northern Kentucky University Chase American Constitution Society, the ACLU of Kentucky and the Kentucky Coalition to Abolish the Death Penalty, NKU will host a free public lecture by death row exoneree Randy Steidl on Tuesday, Nov. 27, at noon in room 302 of the James C. and Rachel M. Votruba Student Union.

Steidl and a co-defendant were convicted for the 1986 murder of newlywed couple Dyke and Karen Rhoads in the small town of Paris, Ill. The two maintained their innocence but it was not until Northwestern University journalism students got involved that Steidl’s case received a proper review.

The entire case against Steidl was based on unreliable eye-witness testimony. Even though their stories conflicted with one another, both witnesses claimed to be present on the night of the attack and both described a gruesome scene. Yet, in spite of the violent stabbing that occurred, there was no physical evidence tying Steidl to the crime.

It was only after the in-depth investigative journalism conducted by Northwestern students that new information was uncovered and old evidence invalidated. With the aid of a local police officer, students were able to present enough evidence of Steidl’s innocence to call for a new trial. Eventually, all charges were dropped and Steidl became the 18th person to be released from the Illinois death row because of a wrongful conviction.

Steidl described his ordeal in a CNN interview. “Torture,” he said. “Actually being innocent and knowing that the state of Illinois wants to kill me for something I did not do.”

His NKU visit comes just weeks after the Kentucky Commission on Human Rights called on state lawmakers to abolish the death penalty and less than one year after a team of Kentucky legal experts published a 400-page report alleging serious flaws within the state’s death penalty system.

Related articles

Daylong hearing set in death sentence appeal – Michael Addison

November 13, 2012 http://bostonglobe.com

The state’s only death-row inmate will have his day in court — all day — when the New Hampshire Supreme Court hears arguments pertaining to his sentence.

Michael Addison was sentenced to death for fatally shooting a 35-year-old Manchester police officer, Michael Briggs, in 2006, when Briggs tried to arrest him on robbery charges.

The justices in Addison’s case will be deliberating the death penalty for the first time in more than 50 years — deciding, among other things, whether Addison’s sentence is just or was a product of passion or prejudice.

The justices will hear arguments in the case beginning Wednesday morning, holding four blocks of hearings that are scheduled to end at 3 p.m.

Court observers say the daylong hearing on Addison’s conviction and death sentence is unprecedented. A typical hearing before the justices lasts half an hour.

If his sentence is upheld and carried out, Addison — now 32 — would be the first convict executed in New Hampshire since 1939.

Former chief justice John Broderick, now dean of the University of New Hampshire School of Law, said the court, on occasion, has granted more time for arguments.

‘‘But an entire day? I don’t know of another case where that’s happened,’’ Broderick said.

Attorneys for Addison have raised 22 issues, with everything from the constitutionality of the state’s death penalty statute to the political ambitions of Kelly Ayotte, a former attorney general and current US senator, in their appeal.

Addison’s lawyers want the court to vacate his death sentence and order a new sentencing hearing. They stress that jurors determined Addison shot Briggs to evade arrest, but rejected the state’s argument that he shot Briggs with the intention of killing him.

Before Addison’s case could reach this point, the state Supreme Court first had to fashion the method it would use in weighing the fairness of his death penalty.

Addison’s lawyers argued his case should be compared with all other death penalty cases in this state and others, to test whether racial bias or other factors influenced his sentence. Addison is black; Briggs was white.

The only other New Hampshire capital case in decades to reach the penalty phase was that of John Brooks, who was convicted of plotting and paying for the killing of a handyman he suspected of stealing from him. A jury spared him a death sentence in 2008 — the same year Addison was sentenced to die.

But the court ruled in October 2010 that it would compare his death sentence with cases ­nationwide in which a police officer was killed in the line of duty.

The court stressed, in its 41-page ruling, that comparison cases do not have to precisely mirror the details of Addison’s case.

‘‘Ultimately, no two capital murder defendants are alike,’’ the ruling states. ‘‘Perfect symmetry and uniform consistency are not possible under a statutory scheme that requires juries to make individualized sentencing decisions based upon the unique circumstances of a case, given the nature of the crime and the character and background of the defendant.’’