death penalty

Iowa – Angela Johnson spared from death row

march, 24  source : http://www.omaha.com

IOWA CITY (AP) — A judge removed one of two women from federal death row on Friday, saying lawyers for the Iowa woman convicted in the 1993 execution-style murders of five people failed to present evidence about her troubled mental state that could have spared her from execution.

In a 448-page ruling, U.S. District Judge Mark Bennett threw out Angela Johnson’s death sentence, saying her defense lawyers were “alarmingly dysfunctional” during the 2005 trial that made her the first woman to be sentenced to death in the federal system since the U.S. Supreme Court reinstated the punishment in 1976.

Attorney General Eric Holder and aides must determine within 60 days whether to appeal or continue seeking the death penalty for Johnson, said Assistant U.S. Attorney C.J. Williams, who prosecuted the case.

If they do not appeal, there will be a trial to determine whether Johnson, 48, will be sentenced to death. In that trial, her lawyers would be allowed to present evidence about her mental health that was omitted in 2005. If they decline to seek the death penalty, Bennett could sentence Johnson to life in prison without parole.

Bennett’s ruling doesn’t throw out her convictions; he said evidence of her guilt was overwhelming. Johnson and boyfriend Dustin Honken committed the murders to thwart a federal investigation that threatened to end Honken’s reign as one of the Midwest’s largest methamphetamine kingpins, and buried the bodies to cover them up.

After separate trials, jurors sentenced Honken to death for the murders of two children while Johnson was sentenced to death on four counts. Both were to die by lethal injection.

The bodies of the victims — drug dealers-turned-government witnesses Terry DeGeus and Greg Nicholson; Nicholson’s girlfriend, Lori Duncan; and Duncan’s daughters, Kandi, 10, and Amber, 6 — were found in shallow graves near Mason City in 2000. They were discovered after Johnson, serving time on drug charges, sketched out a locator map to a jailhouse informant.

Prosecutors said Johnson posed as a saleswoman to gain access to Duncan’s home in 1993, days before Honken was to plead guilty to drug charges. Honken and Johnson forced Nicholson to make a videotaped statement exonerating Honken. Afterward, they took him, Duncan and her children to a field and shot each of them in the back of the head at close range.

A month later, Johnson lured DeGeus, a former boyfriend, to a secluded location where Honken shot him several times and beat him with a baseball bat.

Bennett said that he understands his ruling will upset victims’ families, but Johnson’s defense was so riddled with missteps that her rights were violated.

“I believe that I have done my duty, in light of what is required by the Constitution — the foundational document of our nation’s enduring freedoms, including the right not to be put to death when trial counsel’s performance was so grossly constitutionally inadequate,” he wrote.

During the penalty phase of Johnson’s trial, Bennett said defense lawyers failed to present expert testimony about her mental health at the time of the murders that could have helped explain her involvement to jurors. He said they should have presented evidence about the impact of serious brain impairments, personality disorders and her prior methamphetamine use.

Bennett said defense lawyers also failed to present evidence that could have undercut the prosecution’s claim that she participated in DeGeus’ killing out of revenge, because of their prior relationship’s abusive nature. He said they should have had experts argue she was suffering from battered woman’s syndrome and wouldn’t have wanted him dead.

At trial, her attorneys argued the government’s case was built entirely on circumstantial evidence and that Johnson was ignorant of Honken’s intent to kill. They urged jurors to sentence her to life in prison, not death.

Iowa does not have the death penalty, and Bennett said few lawyers in the state had expertise in capital punishment. He said he tried to assemble a “dream team” of lawyers for Johnson — including Alfred Willett of Cedar Rapids; Patrick Berrigan of Kansas City, Mo.; and Dean Stowers of Des Moines — but they performed poorly.

Willett and Berrigan didn’t return messages Friday. Stowers agreed the defense team was dysfunctional.

“I’m happy she’s going to get a new shot at things because she deserves it,” he said.

Bennett, appointed to the bench by President Bill Clinton, has acknowledged his personal opposition to the death penalty. In a 2006 speech about the two capital murder cases, he said he set aside his personal beliefs in the interest of fairness. But he added he had “grave concerns” that the death penalty could be applied unfairly.

Texas – Beunka Adams – execution – april 26 – EXECUTED

 Beunka Adams official website click here

Case from his official website

Beunka Adams is 29 years old today and is awaiting his execution at the Polunsky Unit, Livingston,Texas.

He has three children that he loves deeply.

Beunka Adams spends his days writing poetry or letters to his friend, creating artwork, working out and reading.

Beunka Adams also published a poetry book, named Delirium – A mind at death row.

In the beginning of October 2011 Beunka Adams’ final appeal was rejected by the US Supreme Court, even though there are obvious flaws in Mr. Adams’ legal procedure, doubts about the fairness of his trial and also doubts about what really happened that unfortunate day of a robbery back in 2002 in Rusk, Texas, USA.

Beunka Adams has repeatedly expressed his deepest regrets for taking part in the robbery. Mr. Adams is the father of three children and a healthy young man that can be a great asset to society in the future.

Resume of the events:

Richard Cobb and Beunka Adams robbed a store and took three hostages, two women and one man. They drove the hostages to a field where one woman and one man were shot. The man tragically died from his injuries. The women survived.

Beunka Adams has never denied his involvement in the robbery which led to the murder of a man by his accomplice.

The crime: Beunka Adams tells his story 

It was an extremely transitional point in my life (more than I knew) at the time when thismost unfortunate incident occurred. Not long before I had been kicked out of Job Corps and lost every stitch of clothing I owned. I had reunited with my children’s mother after a
little over a month separation and was preparing what would have been our third homesince I was 14 or 15 years old. I was out of work and in the coming two weeks were my step-son and my daughters birthdays… (I tell you this not to trivialize the events that
followed but to show you what motivated me to involve myself in this situation.)So when my friend/co-defendant showed up while I was working on the house and asked me to help him rob a store – I agreed.

It was not planned but I didn’t assume there would be any real physical violence. I didnot even carry my own gun. I was suppose to just follow his lead and be a pair of eyes, but shit went bad from the moment we entered the store and it became obvious my friend had
not planned anything out. He mostly stopped talking and nearly froze at the register.It was noticed there was a customer in the store and my friend whispered that one of the cashiers was his neighbor and he believed she recognized him…At that point I knew we were caught and really my only concern was getting the money where it needed to be. My friend was not talking and I had no idea what to do, so it was decided to take everyone from the store to buy some time to think. Now this is when some of the first lies start to occur. At trial one of the victims said she told me: “I know you, don’t I?” and I said: “yes” and took of my mask. This is not exactly true. She said: “I know you, don’t I? Your girlfriend used to work at Brookshines.”. At the time I had long hair and realized she was mistaken me for a friend of mine, but we did know each other and well, so to calm the situation a bit I took off my mask. The other girlknew my co-defendant so we where caught anyway. I was not known to hurt people for no reason, Nicky and Kenneth knew that.
If you read the transcripts it is said that there was laughter and conversation in the car though Nicky contends she was laughing to keep herself from crying. “Fast forward time” we wound up in an open field outside town. I really did not know what to do next because my friend was not really talking to me and acting weird. First idea was to put all three into the trunk and leave the car in a parking lot to be found in a few hours but all three of them would not fit. Two got in and I along with Nicky left walking (with no weapon). Now it has never been revealed what we spoke about by her nor me and I will not do so in this missive… We wound up having sex. I admit when I later gave a statement I conceded to rape but it was because I knew Nicky was engaged to be married and she would say that and if I did not, those officers would not believe one word that came out my mouth! I will be more than willing to take a lie detector test on the fact I never threatened or forced her to have sex with me, that or any other facts I present.
The others were let back out and it was decided they would take off in one direction and we would go the other. I stopped them because the direction they were headed led deep into the woods and they’d never come to a house, road or anything. It is decided they stay put. I turned and started walking towards the car assuming my friend was doing the same but after a few steps I heard the first blast!

read the whole story (download pdf) click here

Legal documents  click here

Take Action

1. [sign petition]

Sign our petition to show your support for Beunka Adams and others wrongfully convicted. Read more.

2. [write officials]

Send e-mails and letters to those in power. Let them know what you think. Read more.

Governor Rick Perry: Stop Beunka Adams’ execution!

sign the petition click here

HUNTSVILLE (April 23, 2012)—Death row inmate Beunka Adams, 29, who was scheduled to receive a lethal injection this week for killing an East Texas man after robbing a convenience store, won a reprieve Monday from a federal judge.

april 13, 2012

Petitioner: Beunka Adams
Respondent: Rick Thaler, Director TDCJ-CID
Case Number: 5:2012cv00036
Filed: April 13, 2012
Court: Texas Eastern District Court
Office: Texarkana         Office
County: Cherokee
Nature of Suit: P. Petitions – Death Penalty
Cause: 28:2254
Jurisdiction: Federal Question
Jury Demanded By: None

december 2010, source: various

Beunka Adams is imprisoned on the Polunsky Unit of Texas death row for a crime that another man confessed to committing. He was convicted and sentenced to death at the age of 21. Beunka was involved in a robbery in which store employee, Kenneth Vandever, was shot and killed.

Beunka’s co-defendant, Richard Cobb, admitted to the killing in his trial. This information was suppressed at Beunka’s trial. His jury were told that he was the gunman and he was given the death penalty.

Beunka does not deny his guilt in participating in the robbery and he suffers huge remorse for what happened that night, but he is not a murderer and does not deserve to die for his crime!

His supporters say; “Beunka is indigent – he has no money to pay for a defence and his state-appointed defence attorney is overworked and unable to help him. We need to raise $150,000 to pay for a private lawyer and investigator to help save Beunka’s life”.

In 2007 Beunka’s attorney at appeal, Stephen Evans, presented ten points of error in his client’s criminal case. The court voted 9 to 0 that the objections held no merit. The court affirmed both the trial court’s judgment and the sentence of death.

Evidence presented in the court hearings alledged that on the night of the murder the men entered BDJ’s convenience store wearing masks and demanding money. One of them was armed with a shotgun.

Prosecutors say that after taking the money from the cash register it was said that they demanded the keys to a Cadillac parked outside. Two women employees of the store and Kenneth Vandever were forced the three into the car. After arriving at the secluded field, one female and Mr. Vandever were told to get into the trunk of the car. The prosecution says that the other female was taken away and sexually assaulted. Both women were wounded.

A supporter of Beunka Adams said; “criminals are punished in the name of justice. This sense of justice seems to have abandoned the scene of capital punishment. Even in the USA people who committed murder as a minor are put on death row, those without money cannot afford decent legal aid which almost immediately condemns them, and prisoners spend years and years on death row sometimes getting their execution postponed several times.

“People on death row go through years of isolation and uncertainty. This is when justice becomes torture”.

12/05/2007 source :http://www.tdcaa.com

An East Texas man condemned for a fatal shooting during an abduction and robbery at a convenience store lost an appeal Wednesday at the Texas Court of Criminal Appeals.

Richard Aaron Cobb was 18 when he was arrested along with a companion for the slaying of Kenneth Vandever in 2004. Vandever and two women were abducted from a store in Rusk. The three were taken to a field about 10 miles away near Alto, where one of the women was raped and all three were shot with a 20-gauge shotgun.

Vandever, 37, died of his injuries but the two women survived and testified against Cobb and his partner, Beunka Adams.

Both Cobb and Adams were convicted and sentenced to die. Records showed Cobb was on probation at the time for auto theft.

Vandever was described as mentally challenged after injuries in an auto accident left him with the mental capacity of a child.

Cobb’s conviction and sentence were upheld in January by the Court of Criminal Appeals. A subsequent appeal reviewed by the Austin-based court was rejected Wednesday.

The brief five-paragraph ruling from the appeals court upheld the recommendation of the trial court in Cherokee County, where a judge denied Cobb any legal relief after an evidentiary hearing.

Testimony showed Cobb fired the shot that killed Vandever, who frequented the store and would do things like take out the trash. Adams, then 20, was accused of shooting the two women who worked at the store. Adams’ conviction and sentence were affirmed by the court in June.

The men left the scene after believing the two women were dead, but the women were able to get up and run to houses nearby to get help. Adams and Cobb were arrested a few hours later in Jacksonville, about 25 miles to the north.

Both men still have appeals to pursue in the federal courts, and neither has an execution date.

Defense lawyers had argued at his trial that Cobb suffered abuse as a child and from fetal alcohol syndrome, the result of his mother drinking liquor while she was pregnant with him. Prosecutors presented witnesses who testified Cobb was able to tell the difference between right and wrong.

Executions in Texas, the nation’s most active death penalty state, and other states with capital punishment are on hold pending the outcome of a U.S. Supreme Court review of lethal injection procedures. Arguments in that case, initiated by two death row inmates in Kentucky, are set for early next year and a decision is expected before summer.

No. 11-9359

Beunka Adams v. Texas

from the Court of Criminal Appeals of Texas

Docket Entries

on March 13, 2012

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2012)

Parties

Beunka Adams, Petitioner, represented byThomas Scott Smith



Related articles

Alabama Death Row inmate Thomas Arthur wins execution stay from federal appeals court

March 23, 2012 source : log.al.com

MONTGOMERY, Alabama — A federal appeals court has granted a stayof execution for an Alabama man who was set to die next week in a 1982 murder-for-hire case.

The 11th U.S. Circuit Court of Appeals on Friday postponed the execution of Thomas Douglas Arthur until further action of the court.

Earlier in the week the court had reversed a judge’s decision to dismiss Arthur’s appeal, which contended that Alabama’s decision to use a new sedative called pentobarbital as part of a three-drug execution combination could be cruel and unusual punishment.

Arthur’s attorneys on Thursday had sought a stay while the state asks the entire 11th Circuit to reconsider the court’s decision.

Arthur was set to be executed on March 29 for the 1982 murder-for-hire killing of Muscle Shoals businessman Troy Wicker.

Mississippi – William Mitchell – execution Last 24h

March 22, 2012 Execution of William Mitchell
7:00 p.m. News Briefing 


Parchman, Miss. – The Mississippi Department of Corrections (MDOC) today conducted the mandated execution of state inmate William Mitchell. Inmate Mitchell was pronounced dead at 6:20p.m.at Mississippi State Penitentiary at Parchman. MDOC Commissioner Christopher Epps said during a press conference following the execution that the evening signified the close of the William Mitchell case. Mitchell was sentenced to death in 1998 for the crime of capital murder of Ms. Patty Milliken in Harrison County, Miss.

“The State of Mississippi – Department of Corrections has carried out a court order issued by the state Supreme Court. The role of the MDOC is to see that the order of the court is carried out with decorum,” said MDOC Commissioner Chris Epps. “Through the course of nearly 17 years, death row inmate William Mitchell was afforded his day in court and in the finality, his conviction was upheld all the way to the U.S. Supreme Court. For the second time this week, the cause of justice has been championed.”

“I ask that you join me in prayer for the family of Ms. Patty Milliken. The entire MDOC family hopes you may now embark on the process of healing. Our prayers and thoughts are with you as you continue life’s journey,” said Epps.
Epps concluded his comments by commending Deputy Commissioner of Institutions/Parchman Penitentiary Superintendent Emmitt Sparkman and the entire Mississippi State Penitentiary security staff for their professionalism during the process.

William Mitchell was pronounced dead at 6:20 p.m. Thursday after a lethal injection

Asked whether he wanted to say anything before the chemicals were pumped into his veins, Mitchell emphatically said, “No.”

Dressed in a red jumpsuit, wearing black-and-white sneakers, Mitchell appeared to lick his lips, took a deep breath and exhaled and then yawned. Moments later he closed his eyes and officials pronounced him dead.

Two members of Milliken’s family — son, Williams Burns; and a sister, Rosemary Riley — witnessed the execution.

Gov. Phil Bryant issued a statement that he would not halt the execution.

“After reviewing the case of William Mitchell and the crime he committed, I will not stand in the way of the scheduled execution. My thoughts and prayers are with the family and friends of Patty Milliken, who fell victim to this horrible act of violence,” Bryant said in the statement.

Mitchell’s body will be turned over to his sister Gerolyn Mitchell and Brinson Funeral Home in Cleveland, Miss.

March 22, 2012 Scheduled Execution of William Mitchell
4:45 p.m. News Briefing
_________________________________________________________________________________
Parchman, Miss. – The Mississippi Department of Corrections (MDOC) today briefed
members of the news media of death row Inmate William Mitchell’s activities from 2:00 p.m.
to approximately 4:45 p.m., including telephone calls and visits.
Inmate Mitchell’s Collect Telephone Calls
 Today, Thursday, March 22, 2012
Two calls: Janine Woodard (friend)
One call: Gerolyn Mitchell (daughter)
Two calls: Glenn Swartzfager (attorney)
One call: David Voisin (attorney)
Update to Inmate Mitchell’s Visits
 Family visitors left Unit 17 at 3:00 p.m.
 Attorneys Glenn Swartzfager and Louwlynn Vanzetta Williams visited with Inmate
Mitchell from 3:00 p.m. until 3:30 p.m.
 His spiritual advisor, MDOC Chaplain Imam William Sabree, left Unit 17 at 4:00 p.m.
Activities of Inmate Mitchell:
 Inmate Mitchell ate very little of his last meal,
 Inmate Mitchell does not want to take a shower.
 He has requested a sedative. (Diazepam 5 ml)
 Inmate Mitchell remains under observation. Officers have observed Inmate Mitchell as
still being talkative.
The United States Supreme Court has denied William Mitchell’s
certiorari petition and application for stay of execution.

update march 22, 5.05 pm  source : http://www.wtva.com

PARCHMAN, Miss. (AP) – The U.S. Supreme Court refused to block the execution of a convicted killer, and Mississippi officials were expected to put him to death by lethal injection on Thursday evening.

William Mitchell, 61, was convicted in the Nov. 21, 1995, slaying of Patty Milliken.

Milliken, 38, disappeared after walking out of the Majik Mart convenience store in Biloxi where she worked to have a cigarette with Mitchell.

Milliken’s body was found the next day under a bridge.

She had been “strangled, beaten, sexually assaulted and repeatedly run over by a vehicle,” according to court records.

Mitchell was convicted of capital murder in 1998.

Earlier on Thursday, the Mississippi Supreme Court, in a 5-4 ruling, denied Mitchell’s request for a stay.

uptade march 22  source : MDOC  press release pdf 

Parchman, Miss. – The Mississippi Department of Corrections (MDOC) will hold three news briefings today related to events surrounding the Thursday, March 22, 2012 scheduled execution of death row Inmate William Mitchell, MDOC #31271.

The following is an update on Inmate Mitchell’s recent visits and telephone calls, activities, last meal to be served, and the official list of execution witnesses.

Approved visitation list:
Anthony Mitchell (brother)
Marie Dunn (sister)
Gwendolyn Catchings (sister)
Gerolyn Mitchell (daughter)
Imam William Sabree (MDOC Chaplain)
Glenn Swartzfager (attorney)
Louwlynn Vanzetta Williams (attorney)

Visits with Inmate William Mitchell
Wednesday, March 21, 2012
Louwlynn Vanzetta Williams (attorney)

Visits today, thus far:
Anthony Mitchell (brother)
Marie Dunn (sister)
Gwendolyn Catchings (sister)

Activities of Mitchell
Inmate Mitchell was transferred from Unit 29 to Unit 17 on Tuesday at 6:00 p.m.
This morning, at Unit 17, for breakfast at 5:07a.m., Inmate Mitchell was offered potatoes with beef gravy, 2 biscuits, dry cereal, milk and coffee. Inmate Mitchell did eat all of the breakfast.

Inmate Mitchell was offered lunch today but chose to not eat.

Inmate Mitchell has access to a telephone to place unlimited collect calls to persons on his approved telephone list. He will have access today, March 22th until 5:00 p.m.

Approved Telephone List
Gerolyn Mitchell (daughter)
Gwendolyn Catchings (sister)
Janine Woodard (friend)
David Voisin (attorney)
Glenn Swartzfager (attorney)

Inmate Mitchell’s Collect Telephone Calls
Wednesday, March 21, 2012
One call: Glenn Swartzfager (attorney)
One call: David Voisin (attorney)
Five calls: Janine Woodard (friend)
One call: Gerolyn Mitchell (daughter)
One call: Gwendolyn Catchings (sister)

Today, March 22, 2012
Thus far today:
Two calls: Janine Woodard (friend)
One call: Gerolyn Mitchell (daughter)
Two calls: Glenn Swartzfager (attorney)
One call: David Voisin (attorney)

According to the MDOC correctional officers that are posted outside his cell, Inmate Mitchell is observed to be talkative.

Mitchell’s Remains
Inmate Mitchell has requested that his body be released to Gerolyn Mitchell (daughter), by Brinson Funeral Home in Cleveland, Miss.

Last Meal
Inmate Mitchell requested the following as his last meal: big plate of fried shrimp and oysters together, big strawberry shake, cup of ranch dressing, 2 fried chicken breasts and a coke.

Execution Witnesses
Spiritual Advisor(s) for the condemned Inmate Mitchell requested no spiritual advisor witness the execution.
Member(s) of the condemned’s family Inmate Mitchell requested no family member witness the execution.
Attorney(s) for the condemned Glenn Swartzfager and Louwlynn Vanzetta Williams
Member(s) of the victims’ family William Burns (son of Patty Milliken)
Rosemary Riley (sister of Patty Milliken)
Sheriffs Sheriff James Haywood, Sunflower County
John Miller, Chief, Biloxi Police Department
Members of the Media Ryan L. Nave, Jackson Free Press
Doug Walker Wineki, WLOX News
Jack Elliott Jr., Associated Press

update March 22, 9.50 am CDT source :http://www.chicagotribune.com

Mitchell’s execution is set for 6 p.m. local time at the Mississippi State Penitentiary at Parchman. If carried out, it will be the third execution this year in Mississippi and the eleventh in the nation.

update March 21, 2012 – 3:09 pm  source : http://www.therepublic.com

JACKSON, Miss. — Inmate William Mitchell was moved to a holding cell next to the execution chamber at the Parchman state prison shortly after Larry Matthew Puckett was put to death Tuesday night, according to Department of Corrections officials.

Barring a reprieve, Mitchell will be executed at 6 p.m. Thursday.

Mitchell was convicted of capital murder in Harrison County in 1998.

On Tuesday, Mitchell asked the U.S. Supreme Court to stop his execution. There had been no ruling issued by the court Wednesday.

Mitchell‘s petition cites issues already dismissed by Mississippi and other federal courts — ineffective counsel during trial, his sentencing hearing and various appeals.

Mitchell argued the Mississippi courts denied his right to due process by failing to address his “well-pled challenge” to his lawyers’ inadequate representation. He said the courts just ignored the issue by saying it had already been adjudicated elsewhere.

On Wednesday, in documents filed with the Supreme Court, Mississippi Attorney General Jim Hood said issues raised by Mitchell have been addressed by other courts and should be rejected.

Hood said Mitchell’s ineffective counsel claim “is simply an attempt to relitigate the merits of these claims.” Hood said Mitchell has no evidence to show how his attorney’s actions, if different, would have changed the outcome of his trial.

“The merits of the claims were addressed, on the merits, by either the state or federal courts in this case,” Hood said in court documents.

Jim Craig of the Louisiana Capital Assistance Center, a nonprofit law office, does not represent Mitchell but has handled other death penalty appeals in Mississippi.

Earlier this week, Craig said Mitchell went through the post-conviction proceedings as if he was just representing himself. Craig said Mitchell has a long history of mental illness and that was never considered in the normal course of his appeals.

According to court records, Mitchell, as a young adult, served in the Army but by the 1990s, he had a long criminal record and had spent much of his adult life behind bars. He was charged twice with beating women in 1973. In 1974, he was charged with killing a family friend and stabbing her daughter.

read the case 

Lawmakers, Advocates Want End To Death Penalty In Md.

march. 20 source : CBS Baltimore

ANNAPOLIS, Md.  — The end of the death penalty in Maryland. That’s what some lawmakers and advocates are hoping to accomplish by the end of this legislative session.

Derek Valcourt explains they’ve got some hurdles to clear first.

They made their case to a House committee Tuesday but it’s a Senate committee that could give them the most resistance. Supporters say they are one vote shy of getting out of a Senate committee to the full floor, where they say they have enough votes in both chambers to pass it.

Erricka Bridgeford says justice for the 2007 murder of her brother won’t come by lethal injection.

“It’s not justice to me to have another dead body in place of my brother’s dead body,” Bridgeford said.

She’s one of several advocates calling on lawmakers to repeal Maryland’s death penalty. She’s joined by the NAACP, which points to the outrage over the September execution of Georgia death row inmate Troy Davis as proof that attitudes toward the death penalty are changing.

“It’s a known fact that racism exists. We know that our system is not foolproof, so in that sense of the word, we need to move forward at this time not to have another Troy Davis,” said Gerald Stansbury, NAACP.

Read the full article and video click here

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.

Ohio – Mark Wayne Wiles – Execution – April 18, 2012 10 a.m – EXECUTED

Summary of Offense:

On August 7, 1985, Wiles murdered 15-year-old Mark Klima at a farmhouse in Rootstown. Mark’s parents owned the farm where Wiles had worked until January 1983. When Mark caught Wiles stealing valuables from the house, Wiles stabbed Mark 24 times and left the butcher knife buried in his back. Wiles fled to Georgia, but later confessed to authorities in Savannah, Georgia and detectives from Portage County, Ohio.

april 17, 2012 source : http://www.dispatchpolitics.com

Mark Wayne Wiles, the condemned killer from Portage County, arrived this morning at the Southern Ohio Correctional Facility in preparation for his execution tomorrow. He was transported from the Chillicothe Correctional Institution where Death Row is now located.

april 6, 2012, source :http://www.newsmax.com

Ohio will resume executions by lethal injection later this month, after blocking them for the past four months because of legal complaints that prison officials were not following the proper procedures.U.S. District Court Judge Gregory Frost denied a request by Mark Wayne Wiles to halt his execution, saying he trusts the state to “avoid the embarrassments” of the past, the Columbus Dispatch reports.
Wiles’ execution is scheduled for 10 a.m. on April 18 at the Southern Ohio Correctional Facility. He was sentenced to death for the 1985 murder of Mark Klima, 15.
Frost blocked other executions in recent months because the state repeatedly “failed to follow through on its own execution protocol.” By clearing the way for Wiles’ execution, Frost likely opened up Ohio’s execution schedule, which has about one inmate a month scheduled for capital punishment through early 2014.
Even though he denied Wiles’ stay request, Frost still criticized the state’s failures when it comes to carrying out the death penalty.
“Ohio’s new procedures look good on paper,” he said. “The protocol is constitutional as written, and executions are lawful, but the problem has been Ohio’s repeated inability to do what it says it will do.”
Wiles, 49, had worked for Mark Klima’s parents until January 1983. He returned about two years later, and mark caught him stealing family valuables. Wiles stabbed the teenager 24 times with a butcher knife. He fled to Georgia, but eventually confessed to the murder.
Public defender Allen Bohnert, representing Wiles, said he is reviewing the ruling with the thought of a possible appeal.

Read more on Newsmax.com: Ohio Ready to Resume Lethal Injections
Important: Do You Support Pres. Obama’s Re-Election? Vote Here Now!

march, 23  source http://www.ideastream.org

clemency be denied

audio mp3 click here

March, 16,

Mark Wiles sat in front of a window at the Chillicothe Correctional Institution, wearing a T-shirt and looking directly into the camera.

For about two minutes, the man who stabbed a teenager to death on a Portage County horse farm tried to put into words the apology he said he’s been wanting to offer for more than 25 years.

“All these years, I’ve wanted to say to you that I’ve always been sorry for what I did to your son Mark (Klima),” Wiles said, directing the comments to the parents of the boy he killed in August 1985. “He was an innocent victim of my selfish needs. I truly am sorry for taking his life and causing you and so many others so much pain and loss.”

The image, part of a taped apology presented to the state parole board Thursday and earlier sent directly to the Klima family, stood in stark contrast to the picture of  Wiles painted by prosecutors: a “burglar of occupied homes” with a history of criminal behavior; “one of the most belligerent individuals” his high school principal had ever experienced; a man who tried to convince investigators that it was his 100-pound victim who threatened him with a knife.

“I can’t understand why they have to prolong (the case and the death penalty) so long when there’s a confession,” Charlie Klima, father of the murder victim, said in his own taped statement to the parole board. “He said he did it and he didn’t want to appeal it. I just don’t understand what the purpose of delaying it any longer or delaying it as long as it was. It just doesn’t make sense.”

He added, “I believe in the death penalty, and I think that he murdered our son and I think he should be executed….”

Wiles, 49, is scheduled for lethal injection next month, though it remains to be seen whether a federal judge will allow the state to resume executions, given the continuing legal battle over the constitutionality of Ohio’s death penalty protocols. A hearing on that issue is set for next week.

The parole board will offer its recommendation to Gov. John Kasich on March 23. The governor has final say on whether to grant clemency or allow the execution to take place as scheduled.

Members didn’t offer too many indications Thursday of the direction of their decision, though they did chastise Wiles’ attorneys for sending a copy of his taped apology directly to the murder victim’s family, calling the move insensitive.

The Klimas turned the tape over to prosecutors without watching it.

“I think after 26 years, an apology is kind of ridiculous,” Charlie Klima said in his taped statement to the board. “… I don’t have any interest in bringing back any more memories than has been (already) brought back in this situation.”

Wiles worked part time at Charlie and Carol Klima’s Shakespeare Acres in Rootstown from May 1982 until January 1983, when the family discovered about $200 missing from ransacked rooms of their home.

Wiles was the only other person on the property at the time; he left before being confronted.
Two years later, after serving time in prison for an unrelated burglary, Wiles returned to the farm, intent on stealing more money. He was caught in the act by Mark Klima, a straight-A student who had completed his freshman year of high school and who wanted to be a doctor.
Wiles subsequently stabbed the teen with a foot-long kitchen knife, stole $260 and fled the state. Five days later, he turned himself into police in Savannah, Ga., signed a confession and returned to Ohio.

Legal counsel for Wiles based their clemency request on Wiles’ admission of guilt, his remorse over the killing and his good behavior while in prison.

“Mark does not believe that he deserves mercy, but he wants to live,” said Vicki Werneke, a federal public defender. “… Mark is so consumed with remorse and regret. … Mark doesn’t offer any excuses for what he did.”

A neuropsychologist testified, via video, that a head injury stemming from a bar fight in the days before the murder could have affected Wiles’ behavior.

A psychologist said Wiles abused alcohol and drugs, displayed anti-social behavior and likely suffered a brain injury that affected his actions and thinking.
Former and current legal counsel described their interaction with Wiles during his trial and post-conviction proceedings, saying he was respectful but was so remorseful about the killing that he did little to avoid the death penalty.

And two sisters and a brother-in-law described Wiles’ emotionally stifling upbringing, the industrial explosion that killed their older brother and their mother’s untreated bipolar disorder.

“I need you to know that I am sorry,” Wiles said in his taped apology, adding later, “When I’m executed, honestly, I hope that in some way it eases some of the pain that I’ve caused.”
But Portage County Prosecutor Vic Vigluicci said Wiles didn’t take responsibility for the crime at the time, initially denying involvement and then attempting to blame the teen for pulling a knife.

The prosecutor showed images of the murdered boy and described, in detail, the fatal wounds Mark Klima received to his back, the defensive wounds he had on his forearms and the bruises and scrapes on this face and forehead.
mark

Prosecutors also said that Wiles had said he wasn’t drunk or high on the day of the crime. And they said a scan of Wiles’ brain days before the murder showed no damage or abnormalities.

Mark Klima’s parents were unable to appear before the parole board in person. Carol Klima recently suffered a stroke and has congestive heart failure. Her husband was at her side.
“We are a small family,” Virginia Klima Petrie, the murdered teen’s aunt, told the parole board in their place. “We don’t make a lot of noise. We live within our means and pay our taxes. We abide by the law. We are working members of our community. And we are the victims of a heinous murder of the only heir to the Klima family name.”

She added, “Enough is enough. … I beg you, let the parents of this murdered child have a moment of closure now before one of them dies. The family asks — no, we demand — justice now. Mark Wiles’ execution needs to be carried out as scheduled. Nothing else is acceptable.”

http://www.recordpub.com/news/article/5168007

march, 15

clemency hearing today

march, 9

Execution date nears for murderer of Rootstown teen 

Prison officials are moving ahead with plans to execute a Portage County man who murdered a Rootstown teen more than 25 years ago, despite delays on other executions this year after a judge raised questions about the state’s lethal injection protocol.

Mark Wiles will make his case for clemency before the state parole board next week in advance of his scheduled execution on April 18.

“We have not been made aware of any postponement for the Wiles execution,” said JoEllen Smith, spokeswoman for the Ohio Department of Rehabilitation and Correction. “We are moving forward with our preparations.”

Whether Wiles makes the trip to the Death House at the Southern Ohio Correctional Facility remains in question, however, as the state works to convince a federal judge that its execution procedures are constitutional.

Two executions were postponed after federal district Judge Gregory Frost ruled prison officials hadn’t followed their own written guidelines for executing an inmate late last year.

A hearing on the issues is scheduled for later this month, during which the state could present a revamped execution protocol. If it meets the judge’s approval, he could allow executions to take place as scheduled.

“The governor’s office at some point will approve a new protocol that DRC has been working on,” Attorney General Mike DeWine said. “Once they approve that protocol, we will present that to Judge Frost. … Judge Frost at that point will decide whatever he decides.”

There are executions scheduled in the state through January 2014, with Wiles next in line. He was sentenced to death for the 1985 murder of 15-year-old Mark Klima.

Wiles worked part time at the Klima horse farm in Rootstown several years before the murder but left after the family discovered $200 was missing.

After serving part of a prison sentence for an unrelated burglary, Wiles returned to burglarize the home, and Mark Klima caught him in the act.

Wiles stabbed the teen, a straight-A student who had completed his freshman year of high school, with a kitchen knife 24 times, stole $260 and fled the state.

Five days later, Wiles turned himself into police in Savannah, Ga., and signed a confession.

His clemency hearing is set for 9 a.m. Thursday, March 15.

http://www.recordpub.com/news/article/5165691

Wiles was denied a COA in the 6th Circuit’s 4/14/09 orders/opinions.Opinion is here:http://www.ca6.uscourts.gov/opinions…9a0147p-06.pdf
COLUMBUS, Ohio (AP) — The Ohio Supreme Court has set execution dates for a Cleveland man who killed his wife and brother-in-law and a northeast Ohio man who repeatedly stabbed a teen who interrupted a burglary.The dates announced Tuesday are some of the farthest in the future set in recent years by the court, which schedules when death row inmates die.The court set an April 18, 2012 execution date for 48-year-old Mark Wiles, who killed 15-year-old Mark Klima (KLEE’-muh) at a farmhouse in Portage County in 1985.The court also set a June 6, 2012 execution date for 52-year-old Abdul Awkal (ab-DUHL’ AW’-kuhl) of Cleveland, who killed estranged wife Latife Awkal (la-TEEFF’-eh AW’-kuhl) and brother-in-law Mahmoud Abdul-Aziz (MAKH’-mood ab-DUHL’-ah-ZEEZ’) in 1992, in a room in Cuyahoga (ky-uh-HOH’-guh) County Domestic Relations Court.Read more: http://www.mysanantonio.com/news/art…#ixzz1PGW3mH7J
Execution is set for murderer of Rootstown teen The Ohio Supreme Court on Tuesday set an April 18, 2012 date for the execution of a death row inmate convicted in the August 1985 stabbing death of a 15-year-old Rootstown boy.Mark W. Wiles, 48, who has spent 25 years on Ohio’s death row, is scheduled to be executed by lethal injection for the Aug. 7, 1985, murder of Mark Klima, according to the Ohio Department of Rehabilitation and Corrections website.Wiles had worked as a farmhand at the Klima family horse farm, Shakespeare Acres, three years prior to the murder. He was suspected of stealing money from the family during that time.After being convicted of an unrelated burglary and spending 18 months in prison, Wiles, then 22, broke into the Klima house looking for money. Mark Klima surprised him and was stabbed 13 times with a kitchen knife, which Wiles left sticking out of the boy’s back.Wiles fled the state with $260 stolen from the Klima residence, and later turned himself in to authorities in Savannah, Ga. He was tried in January 1986 by a panel of judges — Joseph Kainrad, Robert Kent and George Martin — and convicted of murder.Former Portage County Prosecutor John Plough prosecuted the case.The U.S. Supreme Court previously declined to hear Wiles’ appeal. He remains in the Ohio State Penitentiary in Youngstown awaiting execution.A clemency hearing date has not been set, according to the ODRC.http://www.recordpub.com/news/article/5050800

TEXAS – Execution dates set for two death row inmates

march 16, 2012

Execution dates were set for two Bexar County death row inmates, including one who was given a reprieve last month days before his scheduled execution, according to the Texas Department of Criminal Justice.

Anthony Bartee, 55, was scheduled to die on Feb. 28 but was granted a reprieve to allow for additional forensic testing. Bartee’s attorney, David Dow, sent a letter to the court arguing the new May 2 date should not have been set because the DNA testing has not been completed. He said neither he nor his client was told of a hearing to set a new date, the letter said.

Bartee was convicted in the August 1996 robbery-murder of his friend David Cook.

An execution date of Nov. 14 was set for Ramon Hernandez, 40. Hernandez was convicted in the 2002 rape and murder of Rosa Rosado, 37, according to TDCJ.

Read more: http://www.mysanantonio.com/news/local_news/article/Execution-dates-set-for-two-death-row-inmates-3413825.php#ixzz1pUUVRTTA

OK – Timothy Shaun Stemple’s backers have too much doubt for execution

Stemple Sister talks about Timothy, posted on youtube march 14

official website

case

OKLAHOMA – Garry Allen execution again is delayed

Garry Thomas Allen is now scheduled to be executed April 12 after Gov. Mary Fallin issued an additional 26-day stay Tuesday.

Allen, 56, was set to be executed Saturday after a 30-day stay that was granted in February expired.

Last month, Fallin granted the 30-day stay from the original Feb. 16 execution date to allow time to evaluate the Oklahoma Pardon and Parole Board’s clemency recommendation.

The governor met with the Federal Public Defender’s Office, the Oklahoma Attorney General’s Office and the victim’s family to review Allen’s case and, after examining the arguments and evidence, determined that clemency should be denied and the sentence of death shall be carried out, spokesman Alex Weintz said.

Allen was sentenced to death for the 1986 Oklahoma City murder of the mother of his two children, Lawanna Gail Titsworth, 42. Allen’s attorneys have said he was mentally impaired when he killed Titsworth.

source : http://www.tulsaworld.com