death penalty

Jury sentences man with history of mental illness to death for killing nurse as part of plot to assassinate President Barack Obama


April 15, 2014

A man with a history of mental illness has been sentenced to death by a jury for killing a South Dakota hospice nurse as part of a plot to assassinate President Barack Obama.

James McVay pleaded guilty but mentally ill to murder in 2012 in connection with the stabbing death of 75-year-old Maybelle Schein.

McVay, 43, said he killed Schein and stole her car as part of his plan to drive to Washington and kill the president.

The Sioux Falls jury chose the death penalty, though jurors could have sentenced McVay to life in prison without parole.

Authorities said McVay walked away from a minimum-security prison in July 2011 in Sioux Falls and was mixing cough syrup and alcohol when he climbed under Schein’s slightly open garage door, entered her house, killed her and drove away in her car.

After Schein’s car was reported stolen, police used a tracking service in the vehicle to find McVay on Interstate 90 near Madison, Wisconsin. He was arrested after a brief chase.

Madison Police Officer Kipp Hartman testified that he was trying to get McVay to reveal his name when McVay began saying he ‘killed a little old lady’ in South Dakota and stole her car to get to Washington, D.C., to kill the president.

Prosecutor Aaron McGowan said McVay stabbed Schein nine times, with the final blow cutting her vocal cords and carotid artery, causing her to bleed to death within 16 seconds.

But public defender Traci Smith yesterday said McVay’s characterization by the prosecution as monstrous did not square with the facts of the case or his history, the Argus Leader reported.

Smith said McVay’s mental health was not properly monitored or cared for by the prison staff. She added that McVay poses no threat when his illness is cared for.

‘The state has continually downplayed the effect of mental illness,’ Smith said.

The jury, made up of seven men and five women, agreed last week with prosecutors that McVay’s crime met two aggravating circumstances that would allow the state to impose a death sentence.

The first deemed the offense outrageously or wantonly vile, horrible, or inhuman; the second found that the defendant committed the offense for his own benefit or the benefit of another.

Public defender Amber Eggert during the trial argued before the jury that McVay has suffered from mental illness as well as alcohol and drug issues for much of his life and his life should be spared.

She said that the night before the killing, McVay mixed alcohol with a DXM-based cough syrup, which can cause hallucinations.

McVay said he awoke briefly at 3am to find spiritual entities surrounding him and awoke again hours later to find them still there, telling him to follow through on his plan, she told jurors.

‘That was the sign he was going to get the transportation and the final stuff he needed before going to Washington, D.C.,’ Eggert told the jury.

Richard Dieter, executive director of the Death Penalty Information Center, earlier this month said the death penalty is traditionally reserved for the worst of the worst, and it’s rare for a state to seek the punishment of death after finding someone guilty but mentally ill.

‘I just don’t know of any cases in which you have (such) a verdict, and then the state still seeks the death penalty,’ he said.

Dieter said the guilty but mentally ill verdict gained popularity in a dozen states as part of the public outcry over John Hinckley being found not guilty by reason of insanity in 1982 in the attempted assassination of President Ronald Reagan.

The jury on Monday deliberated for a little more than five hours. After the verdict was announced, McGowan said the jury ‘made a brave decision.’

‘I think they made the correct decision,’ McGowan said.

McVay’s defense team did not speak to the media after the hearing. Some of them wept after the verdict was read, news outlets reported.

Three other individuals are on death row in South Dakota: Rodney Berget, Charles Rhines and Briley Piper.

TEXAS – Execution Jose Villegas – April 16, 6 pm- EXECUTED 7.04 PM


“I would like to remind my children once again I love them,” Villegas said when asked if he had a statement before being put to death. “Everything is OK. I love you all, and I love my children. I am at peace.”

High court refuses to stop execution in Texas

HUNTSVILLE, Texas (AP) — The U.S. Supreme Court has refused to halt the scheduled execution of a man convicted of killing three members of a Corpus Christi family.

The high court, on a 5-4 vote, rejected arguments from attorneys for Jose Villegas who said the 39-year-old is mentally impaired and ineligible for the death penalty.

The ruling came Wednesday about 30 minutes after a six-hour window opened for Villegas’ lethal injection for the fatal stabbings 13 years ago of his ex-girlfriend, her 3-year-old son and her mother.

Villegas’ lawyers contended testing in February showed he had an IQ of 59, below the IQ of 70 that courts have embraced as a threshold for mental impairment. State attorneys disputed the test result and called it a late attempt to delay the punishment.

 

As usual, Execution Watch will air, starting at 6pm and have an taped interview with Jose,

Execution Watch with Ray Hill
can be heard on KPFT 90.1 FM,
in Galveston at 89.5 and Livingston at 90.3,
as well as on the net here
from 6:00 PM CT to 7:00 PM CT
on any day Texas executes a prisoner.

April 16 update

Execution Watch with Ray Hill
can be heard on KPFT 90.1 FM,
in Galveston at 89.5 and Livingston at 90.3,
as well as on the net here
from 6:00 PM CT to 7:00 PM CT
on any day Texas executes a prisoner.

April 15, 2014

HUNTSVILLE, Texas (AP) — Jose Villegas was out on bond for a sexual assault charge and was supposed to go on trial in Corpus Christi for punching a woman in the face on the same day 13 years ago that he stabbed ex-girlfriend, her son and her mother to death.

The former cook, dishwasher and laborer was arrested after a police chase and charged with capital murder for the deaths of his ex-girlfriend, Erida Salazar, her 3-year-old son, Jacob, and her mother, Alma Perez, 51.

Villegas, 38, was set for lethal injection Wednesday for the slayings. He would be the seventh Texas inmate executed this year and the fifth in as many weeks in the nation’s most active death penalty state.

His attorneys argue that the punishment should be put off so they have additional time to investigate evidence they’ve recently found that Villegas is mentally impaired and ineligible for execution. The Texas Court of Criminal Appeals refused Monday to halt the punishment and lawyers for Villegas said they would take their appeal to the U.S. Supreme Court.

Salazar’s father, returning home Jan. 22, 2001, from jury duty, found the bloody body of his wife and had a neighbor call police. He then went back inside to find his daughter, 23, and grandson also dead. Court documents show Salazar was stabbed 32 times, her son 19 times and mother 35 times. A television and car also were taken from the home.

Police spotted Salazar’s car with Villegas behind the wheel and he led them on a chase that ended when he bailed out on foot. When he was caught, officers found three bags of cocaine inside his baseball cap.

Testimony at his 2002 capital murder trial showed Villegas told police he pawned the stolen television for $75, used the money immediately to buy cocaine and hoped to commit suicide by overdosing.

“We had a confession, DNA, witnesses who saw him leaving the house afterward,” Mark Skurka, the Nueces County district attorney who prosecuted the case, said. “He killed the mom first, then his girlfriend, then the baby.”

Jurors deliberated less than 20 minutes before convicting him.

Villegas had multiple previous arrests, including burglary, making terroristic threats to kill a woman, assaults and two counts of indecency with a child for exposing himself and fondling the daughter of the woman he was accused of punching in the face. Records showed he had spent at least 200 days in jail and four years on probation.

Defense attorneys at his trial acknowledged Villegas committed the slayings but said they were not intentional and he was mentally ill. A defense psychiatrist blamed his behavior on uncontrollable rages caused by “intermittent explosive disorder.”

“Punishment was the only issue,” Grant Jones, one of Villegas’ trial lawyers, recalled this week. “I’ve been trying criminal cases over 40 years and I’d say in about 80 percent of the cases, mental health is a factor to one degree or another.”

Relatives said Salazar’s mother had urged her to leave Villegas when she learned of the sex charges against him.

Villegas would be the third Texas inmate executed with a new stock of pentobarbital from a provider corrections officials have refused to identify, citing the possibility of threats of violence against the supplier. The Supreme Court has upheld that stance.

Texas and other death penalty states have been scrambling for substitute drugs or new sources for drugs for lethal injections after major drugmakers — many based in Europe where death penalty opposition is strong — stopped selling to state corrections agencies.

New Hampshire could become next state to abolish the death penalty


April 10, 2014

CONCORD, N.H., April 10 (UPI) — New Hampshire, which has sentenced only one man to death since it reinstated the penalty, could become the next state to abolish it.

A bill repealing the death penalty that passed the state House of Representatives 225-104 was released Tuesday by the Senate Judiciary Committee in a 2-2 vote. The full Senate is expected to act on the measure next week in what is likely to be a close vote.

Gov. Maggie Hassan supports abolition and is expected to sign the bill if it gets to her desk. In 2000, then-Gov. Jeanne Shaheen, like Hassan a Democrat, vetoed an abolition bill.

New Hampshire reinstated the death penalty in 1991, after the U.S. Supreme Court found it to be constitutional while overturning most state capital punishment laws in the 1970s. But the state has not executed anyone since 1939 and has not set up an execution chamber for lethal injections.

The only inmate under sentence of death is Michael Addison, who was convicted of killing Manchester Police Officer Michael Briggs in 2006.

During Tuesday’s committee hearing, most of the speakers were pro-repeal. But Sen. Sharron Carson, the Republican chairwoman of the committee, said she feared Addison’s execution would be impossible if the bill becomes law, even though, as written, it would not commute any death sentences.

New Hampshire would be the 19th state to abolish the death penalty, along with the District of Columbia.

Legislatures in five states have repealed death penalty statutes adopted after the Supreme Court rulings, beginning with New Jersey in 2007. New Mexico, Maryland and Connecticut still have inmates under death sentence after abolition.

New Hampshire is the only New England state where the death penalty remains legal. Neighboring Maine abolished the penalty in 1887 and Vermont in 1964, while Massachusetts and Rhode Island had statutes on the books until 1984, when they were overturned by the court

ARIZONA – Jurors mull execution for Marissa Devault


April 10, 2014

PHOENIX (AP) — Jurors who convicted an Arizona woman of fatally beating her husband with a hammer are scheduled to resume their deliberations Thursday over whether she warrants the death penalty.

The jury at Marissa Devault’s trial has already spent one day considering whether there were “aggravating factors” that would make her eligible for execution for the 2009 death of Dale Harrell.

If such factors are found, jurors will hear testimony from witnesses and arguments from lawyers over whether she should be sentenced to life in prison or to death. But if those factors aren’t found, a judge will sentence Devault to either the rest of her life in prison or life in prison with the possibility of release after 25 years.

Prosecutors say Devault should face the death penalty because she carried out the crime in an especially cruel manner for the purpose of collecting on life insurance, pointing out that Devault caused a fist-size hole in Harrell’s skull.

Defense attorneys say Devault never filed any claim in Harrell’s death and added that the insurance money theory is undermined by the fact that one of the two policies in question covered only accidental deaths – and Harrell’s death wasn’t an accident.

While lawyers made arguments Wednesday over whether she was eligible for execution, Devault whispered to her defense team and often looked away from the jury.

If jurors keep the death penalty on the table, the penalty portion of the trial is expected to stretch into next week and include appearances from Devault’s mother and grandmother, both of whom will testify on her behalf. Some of Devault’s daughters also have written letters that are expected to be read in court.

Prosecutors say Devault killed Harrell in a failed bid to collect on a life insurance policy to repay about $300,000 in loans from her boyfriend. Devault says she killed her husband in self-defense and told investigators that he had physically and sexually abused her in the past.

Harrell, 34, suffered multiple skull fractures in the January 2009 attack at the couple’s home in the Phoenix suburb of Gilbert. He died nearly a month later at a hospice because of complications from his head injuries.

Devault initially told investigators that her husband attacked her while she was asleep and choked her until she was unconscious. She also told police that when she woke up, she saw another man who lived at their home beating Harrell with a hammer.

But authorities say Devault, 36, confessed to the killing after bloodstain evidence showed Harrell was alone in the bed at the time of the attack.

The key prosecution witness was Devault’s former boyfriend, Allen Flores, a Yale University-educated management consultant who is 20 years older than Devault and had loaned her $300,000 during their two-year relationship.

Flores testified that Devault wanted to either hire someone to kill Harrell, or kill him herself and tell police he tried to rape her after a night of drinking.

Devault’s attorneys attacked Flores’ credibility, noting he was given an immunity agreement on child-pornography allegations in exchange for his testimony. The child pornography was found on Flores’ computer during a search that was part of the murder investigation, authorities said.

 

TENNESSEE- Execution date set for inmate on death row since 1978 – Donald Wayne


april 9, 2014

Tennessee wants to execute death row’s longest-standing resident.

Donald Wayne Strouth, 55, has been on death row since 1978 for the murder of a second-hand store owner in Kingsport. He’s accused of knocking out and slashing the throat of Jimmy Keegan in a robbery, leaving his body behind in his store, where his wife later found him.

Strouth, who was known to carry a hawkbill knife, was seen by witnesses afterward with blood still on his hands.

He outlived the man who was convicted alongside him, Jeffrey Dicks. Dicks, like most death row inmates over the past decade or so, died not by execution but by natural causes when he suffered a heart attack in 1999.

But Tuesday, Tennessee’s Supreme Court set a date for Strouth’s execution: March 15, 2016.

It may seem far off, but the justices built in time for an ongoing lawsuit dealing with the secrecy of Tennessee’s death penalty to run its course. Eleven death row inmates are suing the state to turn over details about how it plans to perform its lethal injection, trying to overcome a 2013 law that sealed many of those details behind a veil of secrecy. They argue that if they don’t know what the state is using to kill them and where it came from, there’s no way to know whether the execution meets constitutional safeguards against “cruel and unusual punishment.”

That lawsuit, which is ongoing, has pushed back at least one execution date.

Strouth has argued that he suffers from brain damage and mental illness, but the state’s Supreme Court was unswayed.

He is at least the 10th death row inmate to have an execution date. Billy Ray Irick, who raped and murdered a 7-year-old Knoxville girl in 1985, is scheduled to die first, on Oct. 7. The state is awaiting an execution date for an 11th inmate.

Tennessee has not executed a prisoner since 2009.

Should the United States Stop Using the Death Penalty?


april 8, 2014

Room for Debate recently asked if the death penalty is dying in the United States, and if that is a bad thing. After all, 18 states already outlaw capital punishment, with New Hampshire possibly becoming the 19th. Last year the United States executed 39 people, down from its post-1976 peak of 98 executions in 1999.

Should the United States stop using the death penalty?

In “Rare and Decreasing,” Richard Dieter writes about why he thinks the death penalty “is becoming largely irrelevant in American society and may not last another 10 years.”

When the U.S. Supreme Court considers whether a punishment is cruel and unusual, they examine it in terms of current standards of decency. The Court looks to the number of states using the punishment, and whether its use is frequent or declining. In 2005, for example, the court struck down the death penalty for juvenile offenders because most states did not allow it, and its use was rare and decreasing even where it was allowed.

The court is likely to apply the same analysis to the death penalty itself. Eighteen states have already ended capital punishment and the governors of three other states have halted executions. New Hampshire and Delaware may soon be added to the list of abolition states. Moreover, the use of the death penalty in states that retain it is decreasing. If the death penalty is being used by only a small number of states, and if there is a clear national trend away from capital punishment, the Supreme Court could find that it has become a cruel and unusual punishment under the Eighth Amendment.

On the other hand, Robert Blecker writes in “Punishment Needs to Be Punishment,” that the death penalty should continue to be an option for the worst offenders:

When pollsters seek the appropriate punishment for the worst of the worst – a man who rapes and tortures a child, a serial killer, a depraved mass murderer such as Timothy McVeigh, etc. – overwhelmingly the people choose death as deserved. Many who prefer life without parole wrongly imagine that sadistic or callous killers experience prison as a daily punishment worse than death. My thousands of hours inside maximum-security prisons these past 30 years contradict this: Inside prison, prisoners and officers alike reject punishment. “What a man did out there is none of my business. I only care how he behaves inside,” they declare. Inside prison, too often those who deserve it least suffer most. Vicious murderers who prey on the helpless and vulnerable, once captured, become perfectly well behaved “inmates.” Posing no future threat, they get transferred from maximum- to medium-security prisons where they can visit, hang out, watch sports and movies on color TV, play basketball and softball or read a good book, mostly all day every day.

If the U.S. Supreme Court wants to promote human dignity, if it really reflects the will of the people and not their leaders, the justices will constitutionally continue the punishment of death, allowing us to denounce our worst predators and at least declare our commitment to — although we rarely deliver — real justice.

Students: Read the entire Opinion piece, then tell us …

— Should the United States stop using the death penalty? Why?

— Do you have concerns about the fair application of the death penalty, or about the possibility of the criminal justice system executing an innocent person? Do you think capital punishment is “cruel and unusual punishment” and therefore prohibited by the Constitution?

— Do you think the death penalty serves a purpose, like deterring crime, providing relief for victims’ families or imparting “real justice?”

— Do you agree with Mr. Dieter that the death penalty is becoming “irrelevant” and “may not last another 10 years?”

(nytimes)

Idaho death penalty cost report finds limited data


mars 20, 2014

BOISE, Idaho (AP) — A new report from Idaho’s state auditors shows that sentencing a defendant to life in prison without parole is less expensive than imposing the death penalty.

But the Office of Performance Evaluations also found that the state’s criminal justice agencies don’t collect enough data to determine the total cost of the death penalty. The report was presented to the Joint Legislative Oversight Committee on Wednesday by Hannah Crumrine and Tony Grange.

Idaho is one of 32 states with the death penalty, but two of those states — Oregon and Washington — have moratoriums on executions. Idaho has executed 29 people since 1864, but only three since 1977. Keith Eugene Wells was executed in 1944, Paul Ezra Rhoades was executed in 2011 and Richard Leavitt was executed in 2012.

It’s difficult to determine just how much imposing the death penalty costs, Crumrine told the committee, in part because most of the needed data is unavailable. Law enforcement agencies typically don’t differentiate between the costs of investigating death penalty murder cases and non-death penalty murder cases, and jail and prison staffers don’t track the transport costs to bring a condemned prisoner to court cases versus a regular prisoner.

The researchers were able to determine some costs, however: Eleven counties have been reimbursed more than $4.1 million for capital defense costs since 1998, and the state appellate public defender’s office has spent nearly half a million dollars on death penalty cases between 2004 and 2013.

The Idaho Department of Correction spent more than $102,000 on executing Leavitt and Rhoades.

In any case, it’s clear that death penalty cases cost more than sentencing an offender to life without parole, according to the report, in part because it takes longer for the appeal process to come to an end in death penalty cases.d

And the ultimate penalty is seldom imposed: The report found that of the 251 first-degree murder cases filed from 1998 to 2013, prosecutors sought the death penalty in 42 and it was imposed in just seven cases.

Of the 40 people sentenced to death in Idaho since the death penalty was reinstated by the U.S. Supreme Court in 1977, 21 have had their sentences overturned on appeal or are no longer sentenced to death for other reasons, 12 are still appealing their cases and four died in prison. Just three were executed during that time span.

Idaho Gov. C.L. “Butch” Otter wrote a letter responding to the report, stating that he believes state agencies have been diligent in accounting for and containing costs. Otter wrote that though the report raises the question of whether tax dollars are spent wisely on capital punishment, he continues to support the death penalty laws.

“The Idaho Department of Correction in particular has been exemplary in its duty to responsibly carry out death sentences,” Otter wrote. “… And while your report raises and then leaves open the policy questions of whether tax dollars are wisely spent on death penalty cases, let me leave no doubt about my own continuing support for our existing laws and procedures.”

 

TEXAS – EXECUTION RAY JASPER – March 19, 2014 at 6 PM CDT EXECUTED 6.31 PM


Officials announced Jasper dead at 6:31 Wednesday, after a lethal dose of pentobarbital was injected into his system.

exExecution Watch with Ray Hill
can be heard on KPFT 90.1 FM,
in Galveston at 89.5 and Livingston at 90.3,
as well as on the net here
from 6:00 PM CT to 7:00 PM CT

No one from Jasper’s family was in Huntsville Wednesday to witness the execution. No one from the Alejandro family, who are against the death penalty, attended either. They instead opted to spend the evening together in San Antonio.

March 19, 2014

CORRECTS DATE TO MARCH 19 - This undated photo provided by the Texas Department of Criminal Justice shows Ray Jasper III. Jasper, convicted in the 1998 murder of David Alejandro, is set for lethal injection Wednesday evening, March 19, 2014. (AP Photo/Texas Department of Criminal Justice)  uncredited

HUNTSVILLE — San Antonio rap musician Ray Jasper has never disputed his involvement in an attack and robbery more than 15 years ago that left a 33-year-old recording studio owner dead.

But Jasper testified at his capital murder trial that although he cut the throat of David Alejandro, a partner was responsible for the victim’s fatal stab wounds.

A Bexar County jury wasn’t convinced and deliberated only 15 minutes at Jasper’s January 2000 trial before convicting him. The panel then took less than two hours to decide he should be put to death.

Jasper’s lethal injection with a dose of pentobarbital was set for this evening.

Jasper, 33, would be the third Texas inmate put to death this year and among at least five scheduled to die over the next five weeks in the nation’s busiest capital punishment state.

Lawyers for Jasper, who is black, argued that the punishment should be stopped to examine whether prosecutors had improperly removed a black man from possibly serving on his trial jury. San Antonio-based U.S. District Court Judge Fred Biery rejected that appeal on Tuesday.

Jasper was 18 at the time of the November 1998 attack. Records showed he had a criminal past beginning about age 15.

Evidence at his trial showed he’d been expelled from school for marijuana possession, then was expelled from an alternative school. Authorities said he also had attacked an off-duty police officer who tried to stop him during an attempted burglary and led police on a high-speed chase.

Jasper had previous sessions with Alejandro, who was the lead singer of a San Antonio Christian-based music group in addition to running his recording studio. At his trial, Jasper described Alejandro as “one of the nicest people I ever met in my life.”

“I’m not a killer and I didn’t do it,” he testified during the punishment phase of his trial.

He refused interview requests from The Associated Press as his execution date neared, but reiterated his claim of innocence in a letter published on the Gawker website.

Jeff Mulliner, one of the prosecutors at Jasper’s trial, said it was undisputed that Jasper organized and participated in the most premeditated murder he’d seen.

Testimony showed that a week before the attack, Jasper purchased large bags he intended to use to hold stolen studio gear. He recruited two friends, Steven Russell and Doug Williams, brought two vans to the studio and reserved time under the pretense of a rap recording session.

“This was not a spur-of-the-moment thing,” Mulliner said.

As their session was ending, Jasper approached Alejandro from behind and slashed his throat from ear to ear with a kitchen knife he’d hidden in his jacket.

“Anybody on the planet that looks, presently or past, at the photos of David Alejandro’s corpse and saw the gash to his neck, it would be impossible to cut someone that deep and that badly across the entire path of the neck without having specific intent to cause his death,” Mulliner said. “He just didn’t quite get it done.”

Mulliner said Jasper then held Alejandro while Russell stabbed him some two dozen times, leaving the knife buried to its hilt in their victim’s body.

Evidence showed Jasper used a black sheet he brought from home to cover Alejandro, then began loading recording equipment worth as much as $30,000 into the vans.

When an off-duty officer unexpectedly showed up and questioned the activity, Jasper fled on foot. He was arrested a few days later and confessed to planning the crime and recruiting two accomplices. Court documents showed his confession was corroborated by his girlfriend, who testified he’d told her days earlier that he planned to steal the equipment and kill Alejandro.

DNA evidence and fingerprints also tied Jasper to the slaying scene. The gear they’d hoped to sell was left behind.

Williams, now 35, was convicted and sentenced to life in prison. Russell, 34, also is serving life after taking a plea deal.

Next week, a Dallas-area man, Anthony Doyle, 29, is set for execution for the robbery and beating death of a woman who was delivering food to his home.

Read Ray Jasper’s final letter here.

From Ray Jasper’s book called Walking in the Rain

THE CHAMBER

some want to live
some want to die

blood drips
like sweat from a forehead

voices scream for justice

hired for murder

merciless people

their apologies were no good
your ears would not hear
your heart would not love

death
death is all you love

the grave is your mistress
death is all you love

death is all you love

The victim’s brother, Steven Alejandro, wrote a letter back to Gawker about the incident claiming Jasper was not repentant and still did not take blame for the death. 

Read Steven Alejandro’s letter in full below:

“Previously, a post from Hamilton Nolan on Gawker shared a statement from a Texas Death Row inmate named Ray Jasper. The letter from Jasper is touted as the last statement Jasper may make on earth. Huffpo has it as a must read. Jasper is on Death Row for his involvement in a stabbing murder committed during a robbery in November of 1998. I’m about to comment on Jasper’s statement without having read it. In fact more than likely I will never read it. I imagine it is not much more than the statement he made in court to my family. My name is Steven Alejandro, and it is our brother, son, grandchild and cousin, the forever 33 year old, David Mendoza Alejandro who was killed by Jasper and his two accomplices.

The facts of the case are readily available on the internet, but allow me to plainly restate them here. David was killed on November 29 1998. It was roughly seven to ten days before this date when, unbeknownst to him, David received his death sentence. Jasper, according to his testimony, needed money so that he could move out of his parents house and into an apartment with the mother of his child, his girlfriend. Jasper decided to rob David.

Jasper was an aspiring rapper who had been recording music at David’s self owned recording studio. (An important note here is that Jasper was not a business partner of David’s as has been claimed elsewhere.) This was a self-made independently owned recording studio, by the way. David had leased an old apartment complex office, and with his own hands, and the help of our father, fashioned it into a affordable space for struggling local musicians. He offered low rates for artists who, much like himself, could not afford more spacious digs. My brother had no apartment of his own; he would crash on a couch at our parents house or, more often, sleep on a makeshift bed on the floor in the studio. He eschewed nicer living quarters so that he could pour his available money into the studio.

Ray Jasper knew well that he could not rob David’s studio equipment without being fingered to the police by him later. So it was, seven to ten days prior, Jasper made the decision to end David’s life. He enlisted the help of two others. That night (and this is all from on-the-record courtroom testimony and statements he gave police in his confession) the three men made the recording appointment. They were there for roughly two hours working, recording, David sitting at the control console. Jasper admits to then grabbing David by his hair, yanking his head back and pulling the kitchen knife he brought with him across David’s throat, slicing it open. David jumped up and grabbed at his own throat from which blood was flowing. He began to fight for his life. At this point Jasper called to one of his accomplices who rushed into the room with another knife. His accomplice then stabbed David Mendoza Alejandro 25 times. David collapsed, already dead or dying—we will never know. The final stab wound was at the back of David’s neck; the knife plunged in and left there.

He was then covered with a sheet and the three men proceeded to tear out as much equipment as they could and load it all into the van they drove there. As they were loading they were spotted by an off-duty Sheriff who called out to them. They took off running, and were eventually caught. The evidence was overwhelming; DNA, fingerprints, confessions. This is and was an open and shut case, as they say in all the cheesy TV murder investigation shows. One defendant was offered the choice of a trial by jury, which could end in a death sentence, or he could avoid the death penalty by admitting his guilt. He chose to admit his guilt. Jasper, given the same choice, apparently decided to take his chance with a jury trial.

During the trial, testimony from the Medical Examiner revealed that it was not technically Jasper’s injury to David that caused death, but the subsequent 25 stab wounds. Jasper’s defense team seized upon this as a defense tactic against a murder charge, and Jasper joined that opinion. Never mind that Jasper delivered the first attack. At one point while he was on the stand testifying, he asked to speak to us— David’s family members. He looked us square in the eye and exclaimed “I didn’t kill your son. He was one of the nicest guys I ever met, but I did not kill him.” Jasper’s reasoning was that since the M.E. cited the 25 stab wounds as the cause of death and not the throat slit committed by Jasper, he was technically not guilty of murder. You can make of that what you will, but it seems any reasonable person would hold Jasper as culpable in the murder as the other defendant who finished off David. So the long and short is this final statement is based in a fantasy that Jasper has convinced himself of. All evidence to the contrary, it seems he denies he is a murderer and therefore he feels he should not be executed for the crime.

And now to the Death Penalty issue. I must stress that I speak only for myself here and for no other family member. Our extended family is much like the rest of the United States. We are a large American family. There are Liberals and there are Conservatives in our midst. There are pro-death penalty and anti-death penalty folks in our tree as well. I am one of those opposed to the death penalty. As far as I can remember I have been in opposition to it. My brother David was not opposed to the implementation of the death penalty. We used to debate the topic often. Sometimes vigorously. During the trial the prosecutors in the case decided to use me on the witness stand in an effort to give David a voice. David was one year older than me. We had been roommates the whole time we lived with our parents. I was the Best Man at his wedding. I hesitate to say I was happy to testify, since it remains the hardest thing I have ever done in my life. But I willingly agreed to testify on David’s behalf. At the trial, the first thing the prosecution wanted to do was to introduce David to the Jury through my words, so I was the first witness called.

After I was sworn in and sat in the chair, the prosecutor handed me a picture of David. It was a postmortem picture. It was a close up of David’s face from the neck up. His eyes still open. The gash from Jasper’s knife visible. I let out a gasp and when the Prosecutor asked me what the picture was of I told him, “it’s my brother, David.” Through tearful testimony, I tried my best to bring my brother back to life in that courtroom. When I got off the stand I reached for my father’s embrace and sobbed as I had never before and have not since.

As I wrote earlier, this was an open and shut case and the jury did not take long to return a guilty verdict. All that was left was the punishment. During the punishment phase the prosecutor outlines the State’s case for the death penalty and, of course, the defense argues for the sparing of the defendant’s life. I’m sure if you asked, under the Freedom Of Information Act, you would be able to wade through the trial documents; the prosecutor’s case was convincing for a death penalty verdict from the jury. Ray Jasper did not grow up on the wrong side of the tracks, he came from a family wherein his father, a career military man, and his mother were still happily married. Jasper was not defended by a court appointed lawyer; his defense was comprised of a well paid for and well known private practice firm. Jasper had a history of arrests and in fact was out on bail when he participated in the murder of David. He had, weeks before, assaulted an off-duty police officer who had stumbled upon Jasper attempting to break into a house.

During the trial somehow, apparently, the defense team got the idea that some of our family might be opposed to the death penalty and called my father to the stand. Nothing my father said could help their defense. When they called me to the stand the defense attorney asked me what my thoughts on the death penalty were. I knew what he was doing. He was hoping I would confess my opposition to the death penalty, thus maybe sparing Ray Jasper’s life. And I could not assist him in good conscience. I’ve thought often in the years since If I did the right thing. If, when push came to shove, I suppressed my own true thoughts in an effort to avenge David’s murder. This is what happened. The defense asked me what my opinion of the death penalty was. And I said, “I don’t think it’s relevant what my opinion is.” And I paused. And I don’t know where it came from, but I then said, “but I can tell you what David thought of the death penalty.” And the defense attorney asked me, “what was David’s opinion?” And I said, “he always told me that if there was no question of the guilt of a murder defendant, that the death penalty was a just punishment.” I’ll never know for sure, but it’s a pretty good bet David’s words uttered through me sealed Ray Jasper’s fate.

After everything, I’m still opposed to the death penalty. I have no intention of witnessing Jasper’s execution but I have no intention of fighting to stop it either. Does this make me a hypocrite? Maybe, but that’s for me to live with. I harbor no illusions that Jasper’s ceasing to exist will ameliorate the pain I feel daily from the loss of David. The truth is I rarely think of Jasper or the other defendants. I think of David more. Those thoughts are more important to me than anything else. Certainly more important than any last statement from Ray Jasper. Though I purposefully skipped reading Jasper’s statement, I did read through the comments. I have to say to my fellow death penalty opponent friends: Keep up your fight. It is an honorable one. But do not use this man, Ray Jasper, as your spokesperson, as your example of why the death penalty should be abolished. The death penalty should be abolished because it is wrong to kill another human being. Not because a Medical Examiner said your knife wound did not cause immediate death. Ray Jasper is not worthy of your good and kind hearts. He has never accepted culpability or expressed remorse. He is responsible for viciously ending the life of “the nicest man he ever met.” Responsible for ending the life of the nicest man my family ever met, David Mendoza Alejandro

SOUTH CAROLINA – Ricky Blackwell sentenced to death


march 17, 2014

SPARTANBURG, S.C. —After hours of deliberation a Spartanburg County jury issued the death sentence for Ricky Blackwell.

A short time later the judge confirmed the death sentence for the murder of 8-year-old Brooke Center.

The judge said the sentence is to be carried out on June 14, 2014.

Blackwell was also found guilty of kidnapping Brooke Center, he was sentenced to 30 years in jail on that charge.

Prosecutors called the fatal shooting revenge because Blackwell’s now ex-wife was dating the girl’s father.

The jury’s options were life in prison without the possibility of parole or the death penalty.

The seven men and five women seated on the jury found him guilty as charged in just 20 minutes of deliberations earlier in the week.

At 3 p.m. Sunday, the jurors began deliberating Blackwell’s punishment, they returned the sentence just after 8:30 p.m. Sunday.

Before they were released to discuss a possible sentence, a judge told them they must decide whether Blackwell suffers from an intellectual disability, or as stated in court, a mental retardation.

If jurors had found him not to be mentally competent at the time of the crime, they would not have been able to proceed with the death penalty, according to South Carolina law.

The judge told the jurors to come to a death sentence, they had find aggravated circumstances were present when Blackwell committed the crime.  The judge said the two things they could consider aggravators in this case were the age of the victim and the fact it happened during a kidnapping.

The death sentence recommendation had to be a unanimous vote.

Closing arguments began in this sentencing phase began Sunday at 11 a.m., when Blackwell asserted his right to remain silent when the judge asked him if he’d like to make remarks.

Blackwell did not address the jury at any point during the case.

“What a wonderful individual Brooke was,” said solicitor Barry Barnette in his closing arguments.

He told jurors to look at the case closely.

Barnett expressed his disgust with the defense’s assertion that Blackwell suffers from an intellectual disability.

“I got mad,” said Barnette.  “You look at the evidence and no other doctor has ever diagnosed him as such until they paid a doctor from North Carolina to come down and testify that he was. He is not mentally retarded. It’s an insult to people who have this disability. They only did it to spare his life.”

Furthermore, Barnette said Blackwell was a certified employee of several companies where his mental competence would have been questioned.

Barnette got on his knees to illustrate how tall Brooke was and said Blackwell “meant to kill Brooke Center.”

The solicitor said Brooke was shot four times – once in the leg, neck, head and a final shot in her back after she fell to the ground.

“It was no accident,” Barnette shouted in the courtroom.

The solicitor put a Nelson Mandela quote on a projector for the jury to see – which read, “There can be no keener revelation of a society’s soul than the way it treats its children.”

Barnette then showed a picture of a memorial already set up in Brooke’s honor in her community.

“This will affect people for the rest of their lives,” said Barnette.

Barnett began to tear up as he showed the final images to the jury.  It was a side by side comparison of Brooke playing baseball and her lying dead by a swing set after the shooting.

Several jurors were observed wiping tears from their eyes.

The defense presented its closing arguments after a short recess.

Blackwell’s attorney, Bill McGuire, opened up saying he wished photos like they’d just seen not be shown in court.

“He is 55 years old, in poor health and will not last long, but I’m asking you to send him to prison,” McGuire told the jury.  “If the death penalty can do some good, if it could bring Brooke Center back, I’d be the first to say do it, but it won’t.”

McGuire said the jury should let Brooke’s legacy be celebrated by the memorials and ceremonies in her honor instead of sentencing Blackwell to death.

“Imagine if a sign said, “In honor of Brooke we killed a man,” said McGuire.

The public defender portrayed Blackwell as a distraught individual whose marriage was ending.   McGuire said Blackwell was suicidal and tried to kill himself by overdosing on prescription pills before the deadly shooting.

“(If) he’s not a danger to us, then don’t use lethal force,” said McGuire.  “Ricky is mentally retarded. He scored in the bottom 2 percent on IQ tests. Those were reliable tests,” said McGuire.

McGuire stated a person with an intellectual disability like Blackwell could learn skills to perform the jobs he held in the past, referring to the prosecution’s attack on why he was not diagnosed with a disability before this point.

“He has a relationship with God,” said McGuire.  “Everybody he has touched in his life says he is caring, gentle, a good man. See him through the eyes of the people who knew him.”

“He is sorry for what he has done,” said McGuire. “Do you, as a human being, have to kill him? The answer is no. You don’t have to kill Ricky Blackwell.’”

Swearingen requests hearing on DNA testing; DA’s office focused on execution date


march 15,2014

Attorneys for convicted killer Larry Ray Swearingen filed opposition to the state’s motion to set an execution date, arguing the Court of Criminal Appeals remanded the case for further proceedings.

A motion was filed in early March with the state of Texas for a tentative execution date of April 24. However, Swearingen “respectfully” requested a hearing in the 9th state District Court of Judge Kelly Case the week of May 12.

That hearing, if approved, would consider the effect of the appeals court’s remand on DNA testing, as well as the state’s request for an execution date, said James Rytting, Swearingen’s attorney.

“If they (the CCA) wanted to issue an execution date they could have established one by themselves,” Rytting said.

Swearingen was convicted for the murder of 19-year-old Melissa Trotter. She was last seen leaving the Montgomery College campus with Swearingen on Dec. 8, 1998. Her body was found by hunters in the Sam Houston National Forest Jan. 2, 1999, north of Lake Conroe.

Trotter’s death was determined to be a homicide, and that she was sexually assaulted then strangled by piece of pantyhose.

Bill Delmore, appellate attorney with the Montgomery County District Attorney’s Office, said Swearingen’s attorneys have started “grasping at straws.”

In their opposition to the state’s request for an execution date, Swearingen’s attorneys contend where the Court of Criminal Appeals has remanded the case for additional proceedings, it “would be an abuse of discretion” to ignore the “plain language” of the opinion issued by the appellate court in this case and instead set an execution date.

However, Delmore said Swearingen’s case was remanded back to the district court in Montgomery County to deny future requests for DNA testing, and to set an execution date.

A briefing schedule for both parties regarding the effect of the appeals court’s remand was suggested by Rytting on or before May 2.

(yourhoustonnews)