capitalpunishment

CALIFORNIA – Cost of death penalty can be calculated

June 15, 2012 Source : http://napavalleyregister.com

In his opinion piece (“Would repealing the death penalty really save money?,” June 10), Michael O’Reilley tells California voters that passing the SAFE (Savings Accountability Full Enforcement) California initiative on Nov. 6 would not result in any cost savings for the state.

Mr. O’Reilley relies on the same argument advanced by many proponents of the death penalty, which is that there is no reliable evidence that repealing the death penalty will save money because the “true cost” of the current system is “difficult to determine.”

For too many years, Californians have been kept in the dark about how much the state is spending on its broken death penalty system because, they were told, such a cost analysis was impossible to perform. That is simply not the case.

In our three-year-long, exhaustive investigation into the costs of California’s death penalty, Senior Judge Arthur L. Alarcón and I reviewed every available source of cost data. Our mission was to tell voters the truth about what they are spending on the state’s current system — one that has been described as “dysfunctional” by both the former and current chief justices of the California Supreme Court.

Our research revealed that while there is, indeed, a lack of political will when it comes to tracking these costs, there is no question that California’s death penalty has cost taxpayers billions of dollars over the past 34 years. We relied on court records, state budgets, and other objectively reliable data to calculate the costs associated with each stage of process from trials through final appeals.

The findings in our report are supported by the Blue-Ribbon Panel convened by the state Senate, the California Commission for the Fair Administration of Justice, which did a similar study and reported similar data in its Final Report published in 2008.

The following facts are undisputed:

• California taxpayers have funded roughly 2,000 death penalty trials over the past three decades;

• California houses more than 22 percent of the nation’s death row inmates, but has carried out no more than 1 percent of all executions nationwide in that time — 13 executions since 1978;

• The vast majority of condemned inmates die on death row before their sentences are ever carried out, which means that those inmates receive state-funded medical care for the entirety of their lives — an expense that Mr. O’Reilley argues (incorrectly) is incurred only under a life without possibility of parole (LWOP) sentence, but not under a sentence of death.

Voters must decide for themselves whether Mr. O’Reilley’s argument that the current system is a deterrent to violent crime that comes at no added cost to taxpayers rings true. Voters must also consider whether — when it comes to public safety — the current dysfunctional death penalty system is a good use of our state’s limited resources when more than 10,000 homicides committed over the past 10 years remain unsolved.

In the current economic climate, voters should not be satisfied with being told that it is impossible to calculate what the death penalty costs. Voters should demand to know the truth.

Mitchell is co-author (with Judge Arthur L. Alarcón) of “Executing the Will of the Voters? A Roadmap to Mend or End the California Legislature’s Multi-Billion-Dollar Death Penalty Debacle,” and lives in Los Angeles.

ALABAMA – Prison chaplain questions death penalty value

June 14, 2012 Source : http://www.al.com

HUNTSVILLE, Alabama — In 1981, Philip Workman walked into a Wendy’s restaurant in Memphis, brandished a gun, and had the employees hand him the money out of the cash drawer.
Cornered moments later by police officers in a corner of the parking lot, Workman fired the gun. A police officer fell.

In 2007, Workman was executed for that homicide.

Trouble is, says the Rev. Joseph Ingle, who will speak in Huntsville Tuesday, Workman’s gun is not the one that killed that police officer.

The officer, according to forensic evidence analyzed after Workman’s ‘82 trial, was killed by the kind of bullet that is in police pistols, not Workman’s. The officer, in short, appears to have been killed by another officer’s shot.

Ingle’s latest book, “The Inferno: A Southern Morality Tale,” chronicles what happened between that moment in the parking lot and Workman’s execution by lethal injection 26 years later.

“It was pretty much a nightmare,” Ingle said this week from his home office in Nashville. “If you ever think the issue of capital punishment and our criminal justice system aren’t politically fraught, you need to take another look. It is beyond appalling.”

Ingle himself never had taken a look until his senior year in seminary. That’s when, to satisfy a requirement, he began volunteering in a jail in Harlem for 20 hours a week for a year.

“Meeting those men just changed my life,” Ingle said.

It also changed his ministry. Rather than take a United Church of Christcongregation, Ingle chose to become a self-supporting prison chaplain. He volunteers in Riverbend Maximum Security Prison in Nashville. From 1974 until 1983, he was the executive director of the Southern Coalition on Jails and Prisons, a multi-state organization that sought to abolish the death penalty.

Abolishing the penalty makes sense not only to avoid executing people for crimes they didn’t commit, but also in simple dollars and cents.

“Nationally, there is a move away from capital punishment,” Ingle said, “but you don’t see that in the South. Since 1977, more than 93 percent of the executions in the U.S. have been in the South.”

And patterns for those executions follow disturbingly familiar paths of racial discrimination.

“If you kill a white person, you are 11 times more likely to die for that crime than if you kill a black person,” Ingle said. “And it’s even worse if you’re a black person and you kill a white person. Then you are 22 times more likely to die.”

Ingle said that the current mood in the U.S. of distrusting government should extend to this issue.

“Think about it,” Ingle said. “We don’t trust the state with our taxes, and we’re going to trust the state to say who lives or dies?”

 

MISSISSIPPI – Gary Carl Simmons – Execution June 20 – Update EXECUTED 6:16 p.m

Last Statement

“I’ve been blessed to be loved by some good people, by some amazing people. I thank them for their support. Let’s get it on so these people can go home. That’s it,” Simmons said as he lay strapped on a gurney in the execution chamber moments before the procedure was carried out.

June 19, 2012 Source : http://www.clarionledger.com

Attorneys for a former butcher convicted of dismembering a man over a drug debt and raping a woman he locked in a metal box have asked the Mississippi Supreme Court to stop Wednesday’s planned execution.

Gary Carl Simmons Jr. is scheduled to be executed Wednesday at 6 p.m. CDT for the 1996 killing of Jeffery Wolfe, whose body was found in pieces in a Jackson County bayou. Simmons also was convicted of kidnapping and raping Wolfe’s friend and sentenced to life on those charges.

Simmons lawyers said in a motion Tuesday that recent mental exams show he has long-term substance abuse problems, post-traumatic stress disorder and “mild executive-level brain dysfunction.” They also argue that his previous lawyers didn’t do a good job.

The attorney general’s office has argued in the past that Simmons’ sanity “is not in question.”

Simmons’ current attorneys say his trial lawyers didn’t explore mental health problems for sentencing purposes and the issue wasn’t properly raised by previous appeal lawyers.

The motion filed Tuesday said that until recently, Simmons “had never undergone a mental health evaluation for the purposes of developing mitigating evidence.”
Simmons’ previous appeals have been rejected by Mississippi courts and the U.S. Supreme Court.

When the Mississippi Supreme Court set Simmons’ execution date on June 5, the justices also gave him permission to get two mental health exams. Simmons’ lawyers later asked for a two-week delay of the execution, saying more time was needed for the tests and to file appeals based on those results. The court declined that request in a 6-2 decision on June 14.

Court records say that Simmons planned the death and dismemberment of a drug dealer because he didn’t have the money to pay him for marijuana.

Wolfe and his female friend went to Simmons’ house in Jackson County on Aug. 12, 1996, to collect the debt estimated at up to $20,000. Timothy Milano, Wolfe’s former brother-in-law, shot Wolfe numerous times with a .22 caliber rifle inside Simmons’ home, according to court records.

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June 13, 2012 Source : http://www2.wkrg.com

JACKSON, Miss. (AP) – The Mississippi attorney general’s office says a death row inmate’s recent request for mental health testing is meant only to delay his execution, scheduled for Tuesday.

Gary Carl Simmons‘ lawyers have asked the Mississippi Supreme Court stay his execution because they say more time is needed for two mental health evaluations and an appeal based on their results.

On June 5, the court set the execution date for Simmons, but granted his requests for evaluations by a forensic psychologist and a neuropsychologist.

The Mississippi attorney general’s office argued Wednesday the request for mental evaluations is a delay tactic and the court should rescind the order and deny a stay.

The 49-year-old was convicted of shooting and dismembering Jeffrey Wolfe in August 1996 in Pascagoula.

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SOUTH DAKOTA – SD death row inmate asks for execution to proceed – Eric Robert

June 13, 2012 Source : http://www.mitchellrepublic.com

SIOUX FALLS  — A man sentenced to death for killing a prison guard says the state Supreme Court’s decision to delay his execution to allow for a mandatory review is denying him his constitutional rights.

Eric Robert, 50, will ask the South Dakota Supreme Court to allow his execution to proceed and is proposing legislative changes to prevent similar cases in the future in briefs that are expected to be filed later this week or early next week.

Robert pleaded guilty to killing prison guard Ronald Johnson during a botched prison escape in April 2011. A judge sentenced him to death for the crime last fall, and his execution was set for May. But the South Dakota Supreme Court stayed the execution in February to allow more time for a mandatory review, which could delay the execution for up to two years.

In briefs not yet filed with the court but given to The Associated Press in an email, Mark Kadi, Robert’s lawyer, argues that Robert has a constitutional, due process right to be executed based on the trial court’s order.

“If this process will take up to (two) years as reported, Robert proposes we seek to answer the main underlying issue in this case: does a death row inmate have a constitutional right to die on time as ordered?” Kadi said in an email.

In the briefs, Robert proposed the Legislature consider changes to the law, allowing death penalty proceedings to be given priority in the state Supreme Court or, absent a voluntary appeal, requiring the court to review the case in a set number of days before the execution date.

The briefs noted that during the months since Robert was sentenced, the state Supreme Court has reviewed numerous cases, including civil cases such as the dispute between actor Kevin Costner and an artist about whether sculptures were appropriately displayed at a Deadwood resort.

“These civil cases are undoubtedly important to the parties involved regarding their equitable or monetary interests. Death penalty cases due to their special nature and consequences, however, deserve special consideration,” the brief said.

Attorney General Marty Jackley said he could not comment on the new briefs because he has not yet seen them. Under appellate procedure, the state is only allowed to file one brief, which it has already done.

Robert was serving an 80-year-sentence on a kidnapping conviction when he attempted to escape April 12, 2011, with fellow inmate Rodney Berget.

Johnson was working alone the morning of his death — also his 63rd birthday — in a part of the prison known as Pheasantland Industries, where inmates work on upholstery, signs, custom furniture and other projects. Prosecutors said that after the inmates killed Johnson, Robert put on Johnson’s uniform and tried to carry a large box toward the prison gate with Berget inside. The inmates were apprehended before leaving the grounds.

Berget also pleaded guilty and has been sentenced to death. Another inmate, Michael Nordman, 47, was given a life sentence for providing the plastic wrap and pipe used in the slaying.

The penitentiary made more than a dozen procedural changes less than a month after Johnson’s death, including adding officers and installing additional security cameras. Other changes, outlined in a 28-page report, included further restricting inmate traffic, strengthening perimeter fencing, improving lighting and mandating body alarm “panic buttons” for staff.

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Texas – Death Sentence Thrown Out in 2005 Murder Case – Manuel Velez

June 13, 2012 Source : http://www.texastribune.org

The Texas Court of Criminal Appeals on Wednesday threw out the death sentence of Manuel Velez, who was convicted of killing his girlfriend’s infant son in 2005. The decision was based on what the court said was the use of inaccurate expert testimony during Velez’s sentencing.

Velez, who was convicted by a Cameron County jury, will be taken off death row, though he has not been cleared of his conviction. Velez has already filed an appeal of his conviction, said Brian Stull, a senior staff attorney at the American Civil Liberties Union Capital Punishment Project.

Velez’s death sentence was based on testimony from state expert A.P. Merillat, who gave the jury incorrect information about what freedoms Velez would have if not sentenced to death, according to Wednesday’s ruling.

Merillat made it seem Velez “would have a lot of freedom he truly would not have,” Stull said. “And that’s a key issue in Texas — the state has to prove future danger.”

Armando Villalobos, the Cameron County district attorney who was a prosecutor in the case, did not immediately respond to multiple requests for comment.

Velez will be represented by lawyers from two private law firms when he appeals his sentence, though Stull said he will be available to Velez as well.

The lawyers have uncovered evidence that injuries to the baby were sustained before Velez lived with him and while Velez was out of the state, Stull said.

The court also found that Velez’s girlfriend had given misleading testimony at the trial, though it did not consider that testimony grounds to reverse the sentence or conviction.

Merillat’s testimony, meanwhile, was also the basis for a previous death sentence that was overturned after ACLU involvement in 2010.

FLORIDA – Jury: Death for Timothy Wayne Fletcher

June 13, 2012 Source : http://www.palatkadailynews.com

ST. AUGUSTINE – Convicted killer Timothy Wayne Fletcher should be executed for choking his step-grandmother after a jailbreak, a jury says.

It took the jury an hour to reach the decision Tuesday afternoon, faster than the 98 minutes it took them to find Fletcher guilty of murder and other crimes during a 2009 spree.
The jury voted 8-4 in favor of the death penalty.

“We’re very happy that the jury saw it the way we saw it and that is that the death penalty is appropriate for this case,” Assistant State Attorney Mark Johnson said. 

Fletcher was convicted May 25 of killing Helen Key Googe, 66.

The jury’s recommendation of the death penalty concluded a two-day penalty hearing at the St. Johns County courthouse, where the trial was moved because of publicity.

Fletcher, dressed in a white shirt, tie and dark slacks, showed little reaction to the decision.

Several relatives of Googe quietly cried as the stressful first-degree murder trial inched to a close.

Security was heightened for the announcement. Nine deputy sheriffs took up positions near Fletcher before the jury returned to Berger’s courtroom.

As he stood, Fletcher appeared tense. He looked around at the small crowd seated in the courtroom.

Googe, 66, was slain in her home in Bardin, where Fletcher told investigators later he believed she kept several thousand dollars. During video-taped questoning after his capture, Fletcher blamed Googe for her murder, saying she would have left alive had she not fought.

“She was fighting and kicking the whole time,” he said. “She never did quit fighting.”

Authorities say Fletcher stole a jack from a jail transport van and smuggled it into the jail, which he and cellmate Doni Ray Brown used to move a plumbing fixture from the wall.

The pair used the utility corridor behind the wall to reach an inadequately secured door and fled the jail about 2 a.m. on April 15, 2009.

Once outside the jail, they broke into and tried to steal a pickup and van before finding a pickup with keys in it at a tire shop, then drove to Googe’s house.

Fletcher was convicted of escape, first-degree murder, home invasion robbery, grand theft of a motor vehicle and burglary of motor vehicles.

Murder and other charges are pending against Brown.

Fletcher and Brown’s escape highlighted massive problems in the county jail, including security failures, overcrowding and shoddy maintenance.

An investigation cited personnel issues at the jail and resulted in several disciplinary actions after the escape. Paula Carter, the major in charge of the jail, retired. One corrections deputy was fired and seven others were disciplined.

Fletcher consumed methamphetamine inside the jail in the days leading to the jailbreak, according to testimony.

Fletcher and Brown were apprehended at Pomona Park after a massive manhunt three days after their escape.

A majority of the jurors rejected arguments by defense attorney Garry Wood that Fletcher should be spared and sentenced to life in prison. Wood said Fletcher suffered from mental illness and had a history of drug and alcohol abuse dating to adolescence.

Fletcher had a troubled childhood marked by domestic violence, Wood said.

“All of these things together matter,” he said.

Wood described Fletcher as “a mentally ill, abused person.”

Johnson, however, said Fletcher’s actions deserved the ultimate punishment.

“He wrapped his fingers around her neck and squeezed harder and harder,” Johnson said. “Justice cries out that he be sentenced to death.”

The jury’s recommendation of the death penalty triggers another pre-sentence hearing, this time without the jury, likely to be held in July.

Why Is The US Still Executing Teenage Offenders ?

June 11, 2012 Source : http://blog.amnestyusa.org

Texas is preparing to execute Yokamon Hearn on July 18th. If his execution is carried out, he would become the 483rd person put to death since Texas resumed executions in 1982.

Yokamon Hearn was 19 years old when he and 3 other youths set out to steal a car. They ended up shooting and killing Frank Meziere, a 23-year-old stockbroker. All four defendants were charged with capital murder, but the other three plead guilty and received deals. One got life imprisonment, the other two got ten years for aggravated robbery.

Yokamon Hearn was a teenager at the time of his crime, but not a juvenile. Article 37 of the Convention on the Rights of Child lays out the international standard for not executing juvenile offenders, defined as those who were under 18 at the time of the crime. (The U.S. is the only country except for Somalia that has not ratified this treaty.)

Likewise, Part III of the International Covenant on Civil and Political Rights (to which the U.S. isa Party) also calls on states to prohibit the execution of offenders under 18. Upon ratification of the this treaty in 1992, the U.S. explicitly reserved for itself the right to ignore this provision and continue to kill these young offenders. But finally in 2005, with the Supreme Court decision in Roper v. Simmons, the U.S. put an end to executions of anyone under 18 at the time of the crime.

None of this helps Yokamon Hearn. Yet eighteen is an arbitrary age. There is no magic age at which one suddenly becomes a responsible adult, fully capable of making smart, informed decisions and not acting on impulse. Recent science tells us that brain development continues well into one’s 20′s, as does psychological and emotional maturation. 18 and 19 and 20 year-olds are not considered responsible enough decision makers to drink legally, yet they can be held fully responsible for their crimes and sentenced to the ultimate, irreversible punishment of death.  On he one hand, we seek to protect our youth from their immaturity; on the other we punish (and even kill) them for it.

The fact that their development has not been fully realized also means that young offenders who may have carried out impulsive, thoughtless actions as teenagers are more likely than their adult counterparts to successfully change and redeem their past mistakes. Executing people for crimes committed when they were teenagers ignores the fact that, in prison, they can grow up and become productive, functioning members of society.

Despite extensive scientific evidence of the differences between youth and adults related to culpability, decision making, and susceptibility to peer pressure, U.S. states continue to execute people for crimes committed when they were teenagers. Since 1982 Texas alone has killed at least 70 people who were aged 17, 18 or 19 at the time of their crime. This practice needs to stop immediately.

ARIZONA – Arizona court approves fifth execution this year

June 12, 2012 Source : http://www.chron.com

Tuesday approved the execution of a death-row inmate who was spared from the death penalty last year after winning a last-minute delay from the nation’s highest court.

Daniel Wayne Cook, 50, is now scheduled for execution on Aug. 8 at the state prison in Florence.

Cook was sentenced to death for killing a 26-year-old Guatemalan immigrant, Carlos Cruz-Ramos, and a 16-year-old boy, Kevin Swaney, in 1987, after police say he tortured and raped them for hours in his apartment in Lake Havasu City in far western Arizona.

Cook had been scheduled for execution on April 5 of last year, but the U.S. Supreme Court granted him a last-minute stay to consider whether he had ineffective counsel during his post-conviction proceedings. They since have turned him down.

Mississippi may see most executions since 1950s

June 11, 2012 Source : http://www.timesdaily.com

With four execution so far and two scheduled this month, Mississippi is on pace to have more executions in 2012 than it has had in any year since the 1950s.

The last time Mississippi executed more than four inmates in any single year was in 1961, when five died in the gas chamber. There were eight executions in each of the years 1955 and 1956. In those days, inmates were put to death for crimes like armed robbery, rape or murder. Today, the only crime punishable by death in Mississippi is capital murder — a murder that happens during the commission of another felony.

The increase in executions comes as fewer people are being sentenced to death across the country. Some experts say the upward trend in Mississippi isn’t likely to last.

Don Cabana, a former Mississippi corrections commissioner and author of the book, “Death At Midnight: The Confessions of an Executioner,” said the increase “was absolutely predictable” and has more to do with timing and the pace of appeals than anything else.

“You have a number of people who have been sitting on death row for a long time whose cases kind of simultaneously, or in close proximity, started exhausting their appeals,” Cabana said.

Three of the men executed so far this year were convicted of crimes committed in 1995 and the other was convicted in the 1990 stabbing deaths of four children.

Jan Michael Brawner, who’s scheduled for execution on Tuesday, was convicted in the 2001 killings of his 3-year-old daughter, his ex-wife and her parents in Tate County. Gary Carl Simmons Jr., scheduled to die by injection June 20, was convicted of shooting and dismembering a man in Pascagoula over a drug debt in 1996.

“Mississippi went for a long time with no executions, or hardly any executions. It’s due to the slowness of the appellate process. But now these cases are coming to fruition,” said Richard Dieter, executive director of the Death Penalty Information Center, a nonprofit group that collects and analyzes information on the death penalty.

Jim Craig, an attorney who has worked on appeals for death row inmates, believes there’s more to it than that.

Craig said that seven out of 11 men executed in Mississippi since 2008 were represented on appeal by the Mississippi Office of Capital Post-Conviction Counsel when it was led by attorney Bob Ryan, who took over the office in 2002. Glenn S. Swartzfager took over the office in 2008.

In a 2006 affidavit obtained by The Associated Press, Ryan described a situation in which the office lacked manpower and funding and he sometimes relied on trial summaries when filing appeals in numerous cases. At one point, he was essentially “the sole counsel on 21 cases,” he wrote in the affidavit.

Craig says he’s convinced that some of those men would be alive, either still appealing their cases or having their death sentences reduced, if they had better representation. Craig said many appeals were filed based only on the court transcript, and the post-conviction office didn’t bother to interview witnesses.

“This is more than just the usual things moving at the usual speed. This is a breakdown in the system of providing lawyers to poor people when the state is trying to execute them,” he said.

The Mississippi Office of Capital Post-Conviction Counsel was created by the Legislature in 2000 to represent indigent death row inmates in appeals.

“A pace of one or two executions a year is about what Mississippi has averaged. The reason why we have had 11 since 2008, I think it has to do with the failures of the post-conviction office in those years,” Craig said.

The number of executions in Mississippi has fluctuated from year to year. There were two executions last year, three in 2010, none in 2009 and two in 2008. There also have been long gaps in executions over the years because of litigation. There were lulls between 1964 and 1983 and again from 1989 to 2002.

So far this year, Mississippi is only one execution behind Texas. Texas, however, has more executions scheduled for the remainder of the year than Mississippi. Texas has executed some 460 more people than Mississippi since 1976, but Texas has a much larger population.

There are 52 inmates on death row in Mississippi, which ranks 15th among death penalty states. Two of the inmates on Mississippi’s death row are women, though it has been decades since a woman was executed in Mississippi. California has the most death row inmates with around 723.

Richard Jordan, 66, who was first convicted in 1977, is the oldest person on Mississippi’s death row and has been there the longest, according to the Mississippi Department of Corrections. Jordan has an appeal pending in the 5th U.S. Circuit Court of Appeals.

Mississippi Supreme Court sets execution date for Gary Carl Simmons Jr.- June 20

June 5, 2012 source : http://www.therepublic.com

JACKSON, Miss. — The Mississippi Supreme Court set a June 20 execution date Tuesday for 49-year-old Gary Carl Simmons Jr.

The court set the date and granted Simmons’ request for in-person contact visits with a forensic psychologist and a neuropsychologist for the purpose of conducting mental health evaluations. His attorneys had argued that the mental evaluation was necessary because Simmons may have post-traumatic stress disorder or other illnesses and had suffered from abuse as a child.

Simmons was convicted for shooting and dismembering Jeffrey Wolfe, who was killed in August 1996 after going to Simmons’ Pascagoula home to collect on a drug debt.

Timothy Milano, Simmons’ co-defendant and the person authorities said shot Wolfe, was convicted on the same charges and sentenced to life in prison.

Simmons worked as a grocery store butcher when he and Milano were charged with killing Wolfe. Police said the pair kidnapped Wolfe and his female friend and later assaulted the woman and locked her in a box. Police later found parts of Wolfe’s dismembered body at Simmons’ house, in the yard and in a nearby bayou.

Simmons also argued his original lawyers were ineffective at trial and that he never later had lawyers good enough to point out shortcomings.

In addition, he argued his legal cause suffered in part because of ineffective assistance by Bob Ryan, formerly head of the state office meant to handle post-conviction appeals for people sentenced to death.

The state’s high court, however, denied Simmons’ request to challenge the performance of prior post-conviction counsel.