Jodi Arias Trial Update: New York Man Accused of Harassing TV Anchors Covering Murder Case Gets New Court Date

April 10, 2014

A New York man who threatened two television hosts covering Jodi Arias’ murder case will stand trial on May 8.48-year-old David Lee Simpson was originally scheduled to face a Maricopa County judge on April 1, but officials have pushed back his court date, the Associated Press reported this week.

Investigators allege the Bath, N.Y. resident sent threatening tweets to TV personalities Jane Velez-Mitchell and Nancy Grace during their extensive coverage of Jodi Arias’ proceedings.

Simpson also reportedly tried to scare an unidentified Arizona woman on Twitter concerning Arias, who was convicted of first-degree murder for killing former lover Travis Alexander in his Mesa home.

Simpson now faces five felony counts for the Twitter threats, which he reportedly directed at both of the HLN Network analysts while they reported on the Jodi Arias trial in 2013. Simpson has pleaded not guilty to each charge against him.

Although the 48-year-old was in the state of New York when he posted the tweets, Arizona officials said the threats were sent to Grace and Velez-Mitchell while they were covering a case happening in Maricopa County. Simpson’s trial, therefore, will take place in the south-central Arizona county.

33-year-old Arias was indicted for the June 2008 death of Alexander on May 8, 2013. But a jury couldn’t come to a unanimous decision for her sentencing at the time. The prosecution was pushing for the death penalty while Arias’ defense team tried for life in prison. After multiple pushbacks, Arias’ final sentencing date has been scheduled for September of this year. A jury will decide at that time whether Arias should be put to death, or if she’ll be sentenced to natural life in prison with no parole option.

If jurors can’t reach a decision at that time, the death penalty will automatically be taken off the table. In that instance, Arias would theoretically be sentenced to life in prison.

Attorney Mark O’Mara, who represented George Zimmerman in his murder case, recently weighed in on Jodi Arias’ odds of escaping the death sentence. O’Mara told HLN-TV that Arias’ chances are stacked against her, since it appeared as though she prepared to kill Alexander before carrying out the murder.

“There’s really a lot against her, the fact that she tried to ingratiate herself to the jury and that didn’t work is really going to hurt,” O’Mara said. “On the other hand, the defense has to focus on this lady being out of touch with reality, some mental health mitigation, which is what we call in the business trying to get away from the death penalty by showing that there’s things about Jodi Arias that you should sort of forgive her for.”


february 26, 2014

Authorities say 48-year-old Paul Augustus Howell was pronounced dead at 6:32 p.m. Wednesday after a lethal injection at Florida State Prison

Howell’s last words “I want to thank the Fulford family,” Howell said. “They were pretty compassionate, and I’ll remember that.”

UPDATE  4:30pm

Howell’s last meal was a peanut butter and jelly sandwich, according to a Department of Corrections spokeswoman.

The DOC also says Howell had one friend visit and met with his Catholic spiritual adviser.

He is set to be executed by lethal injection.

The man who built a bomb that killed a Florida Highway Patrol trooper is scheduled to be executed by lethal injection.

Drug trafficker Paul Howell is set to die for the February 1992 murder of Trooper Jimmy Fulford at 6 p.m. Wednesday at Florida State Prison.

Howell rented a car and paid another man to deliver a gift-wrapped box to a woman in Marianna. Along the way, Fulford pulled the man over for speeding on Interstate 10 just east of Tallahassee.

The man gave Fulford a false name and birthdate and was arrested. Howell was called about the rental car and asked if Fulford had permission to be driving it and never warned the dispatcher the bomb was in the trunk.

Us- Upcoming Executions march 2014

Dates are subject to change due to stays and appeals


Month State Inmate
19 OH Gregory Lott – Stayed
20 FL Robert Henry executed 6.16pm
20 OK Clayton Lockett – Stayed until April 22
26 MO Jeffrey Ferguson EXECUTED
26 MS Charles Crawford Stayed as execution date had not been affirmed by state court.
27 OK Charles Warner – Stayed until April 29
27 TX Anthony Doyle EXECUTED
27 MS Michelle Byrom Update – The Mississippi Supreme Court threw out Michelle Byrom’s murder conviction and death sentence and ordered a new trial due to numerous problems, including inadequate representation, critical evidence not presented to the jury, confessions by another defendant, and the prosecution’s lack of confidence in its own story of what actually happened.
19 OHIO Gregory Lott MOVED NOVEMBER 19
19 TEXAS Ray Jasper EXECUTED 6.31 PM
20 OKLAHOMA Clayton Lockett DELAYED (drug shortage)
27 OKLAHOMA Charles Warner DELAYED (drug shortage)
27 TEXAS Anthony Doyle

Skirting the Constitution: Texas rules Basso competent for execution

Texas set to execute woman for ‘horrible, horrible, horrible’ torture killing

UPDATE : february 4, 2014 (AP)

Texas: 2 courts won’t block woman’s execution

A federal judge has joined Texas’ top criminal court in refusing to stop this week’s scheduled execution of a woman condemned for the torture slaying of a mentally impaired man more than 15 years ago outside Houston.

U.S. District Judge Sim Lake on Monday turned down an appeal from 59-year-old Suzanne Basso hours after Texas Court of Criminal Appeals rejected a similar appeal. She’s set for lethal injection Wednesday evening in Huntsville.

Basso’s attorney contends she is mentally incompetent for execution for the slaying of 59-year-old Louis “Buddy” Musso.

Additional appeals to delay her punishment are likely headed into the federal appeals courts.

Basso would be the 14th woman executed in the U.S. and the 5th in Texas since the Supreme Court in 1976 allowed capital punishment to resume.
Basso’s attorney asked the court to reverse a ruling last month that Basso is competent to be executed for the slaying of 59-year-old Louis “Buddy” Musso at a home in Jacinto City, just east of Houston.
The Texas Court of Criminal Appeals Monday rejected an appeal from 59-year-old Suzanne Basso. She’s set for lethal injection Wednesday evening in Huntsville.

30 january 2014

If the state of Texas goes through with the planned execution on Feb. 5 of Suzanne Basso, it will be executing a delusional woman with scant understanding of why she’s to be put to death, attorney Winston Cochran Jr. argues in a request for sentence commutation filed this month with the Texas Board of Pardons and Paroles.

Indeed, Cochran argues that evidence of Basso’s mental health issues was never provided to the jurors who sentenced her to die in 1999 – because no mitigation investigation was ever done and no mitigation evidence was provided to jurors. “Executing Basso would bring discredit upon the Texas judicial system by demonstrating that constitutional protections necessary in death penalty cases are not protected,” he wrote in the BPP filing.

Given the BPP’s history, it is not a stretch to imagine that Basso will be denied clemency or a reprieve in order to allow Cochran to pursue additional appeals – since 2007, the BPP has recommended clemency just 4 times out of the 129 death cases it has considered.

Basso was condemned for the gruesome beating death in 1998 of Louis “Buddy” Musso. According to the state, Basso lured Musso, a 59-year-old intellectually disabled man, to Texas from New Jersey by promising to marry him and then, with 5 other people – including her son – abused Musso, beatings that left his body covered in bruises from head to toe, before he was finally killed by a series of brutal blows to the head, as part of a scheme to collect insurance money and Musso’s other assets.

Cochran has argued that there is no evidence that Basso was the one who actually killed Musso and that because the jury was not asked to find that she was a party to the crime – a theory under which all actors share culpability – her conviction is invalid. Several courts have denied Basso’s appeals, including a district court ruling Jan. 15 in Houston, which found that Basso is competent to be executed.

Basso will be the 8th woman put to death in Texas since the mid-1800s, the 2nd inmate executed this year, and the 510th executed since reinstatement of the death penalty.

(source: Austin Chronicle)


OHIO – Abdul Awkal – execution – june 6 2012 – not mentally competent to be executed

Abdul Awkal

UPDATE June 15

CLEVELAND: An Ohio judge has ruled a condemned killer not mentally competent to be executed for the death of his wife and brother-in-law.

The ruling Friday by Cuyahoga County Judge Stuart Friedman on Abdul Awkal comes just a week after Gov. John Kasich ordered a last-minute reprieve hours before Awkal was set to die.

Awkal is convicted of killing his estranged wife and brother-in-law in a Cleveland courthouse in 1992 as the couple prepared to divorce.

Awkal’s attorneys had argued during several days of testimony that he is so mentally ill he believes the CIA is orchestrating his execution.

The Ohio Parole Board voted 8-1 last month against recommending mercy. Most members concluded Awkal had planned the shooting and it wasn’t because of a psychotic breakdown.

UPDATE : June 5  2012 Source : http://www.abc6onyourside.com

Inmate Moved for Death Penalty to be Carried Out

COLUMBUS  — Ohio prison officials are beginning their preparations to execute a man convicted in the 1992 slayings of his estranged wife and brother-in-law at a courthouse in Cleveland’s Cuyahoga County.

If put to death, 53-year-old Abdul Awkal would be the second man Ohio executes since lifting an unofficial moratorium on the death penalty that lasted six months.

Awkal, whose execution is Wednesday, was sentenced to death for shooting Latife Awkal, his spouse from an arranged marriage, and brother-in-law Mahmoud Abdul-Aziz, as the couple was taking up divorce and custody issues.

Awkal’s attorneys asked the state Supreme Court Monday to delay the execution to allow a hearing on Awkal’s mental competency.

The state opposes the delay and Awkal’s earlier requests for clemency were denied.


Source : http://www.examiner.com

Abdul Awkal is on Ohio’s death row and scheduled to be executed on June 26, 2012. His story is unusual. His life prior to being sentenced to death for murder, was complicated, not only by much of his own doing. His circumstances were perhaps more because of his lack of education, lack of knowledge of his own Islamic religion, and limited mastery of the English language.

Awkal was born on March 10, 1959 in Beirut, Lebanon into a Muslim family, the third child of seven siblings. As the article develops, you will see that his crime was committed on January 8, 1992 and he was placed on Ohio’s death row on January 8, 1993.

For those who are familiar with the past several decades in Lebanon, it is easily understood that life was not only difficult, but dangerous as well. Times became hard for the Awkals and the father decided to move his family to America. When they left, Abdul had to stay since he was 20 years old and had to arrange for his own passport. He followed them four years later.

Shortly after coming here he married Latife, having two ceremonies, one under the Islamic law and another under the Laws of the United States. He and Latife later had a baby daughter. His married life was not a smooth one, and according to his own testimony, he was divorced three times (under the Islamic rules but remarried her later). Finally at one point, due to what his brother-in-law called a breach of Islamic law, he was automatically separated from his wife forever and could not raise the child, nor could she wear his name.

He reported that they withdrew his funds from the bank, took his collections which were in a safety deposit box and otherwise isolated themselves from him. They also decided to move back to Lebanon. Needless to say, this did not set well with Awkal and he appealed to the U.S. authorities.

In 1992, it was arranged for them to gather and meet with officials of the Family Conciliation Services at the Cuyahoga County Domestic Relations Court. His brother-in law, Mahmoud, wife Latife and their baby were there. After waiting a considerable time, a disagreement arose and when it was over, he had shot and killed his brother and his wife. He was apprehended at the scene.

He was tried, convicted and sentenced to death. He was placed on death row exactly one year after the crime was committed.

On January 29, 2001, Awkal wrote a very lengthy letter of confession to the U.S. District Court Judge Donald C. Nugent. It makes no denial of his killing the pair, but his life and the many exigencies which occurred to him, does create somewhat of a sympathy towards the fellow. It can change one’s opinion from feeling towards him as a cold blooded killer to that of a victim of circumstances. Yet, regardless of how moved one may be by his writing, it must be remembered that it still was not cause for the killing of two people. It is suggested that all who read this article, set aside enough time to read the site containing his confession. But be prepared to spend somewhere between 30 – 60 minutes. It will probably prove to be worth it.


May 23 Sourcehttp://www.daytondailynews.com

 A federal judge has rejected claims by two condemned Ohio inmates challenging the constitutionality of the state’s lethal injection process.The two are the next inmates scheduled to die in the state, with Abdul Awkal (ab-DUHL’ AW’-kuhl) set for execution June 6 and John Eley (EE’-lee) set to die July 26.



July 2011

Introduction to “Ohio’s Death Row Confession”:  

I feel as if my whole life had been the companion of pain and suffering.

Surely had a very little happiness in it, which had been dragging me around the world from places of horror and misery, to places of unjust and cruelty.

I was born to a Muslim family in Beirut, Lebanon. I was the third child of seven. We all lived in a two room’s house. Life was uneasy for my father. So he took me out of school before I finish my 4th grade. I started to work with him, for a short while, tell he found me another place to work at. In short, I worked in many different places.

I was 16 years old when the civil war started in 1975. Life there becomes unbearable and was filled with pain and suffering. And because of this , my father started looking for a better place to live in. so, America was his place of choice.

My family went to America 4 years ahead of me. I had to stay behind because I was 20 years old and had to apply for my own immigration visa.

Four years later, my family called me from America. They told me to go down to the American embassy, and to bring with me my passport and fifty American dollar, to pay for the cost of immigration visa and have it stamped on my passport.

Before going to the embassy, I asked my uncle if he knew anyone works inside the embassy, that could help me get inside the building quickly, instead of standing long hours under the heat of the sun. my uncle responded saying, “ Yes, I do know someone works there.” Then he directed me to go to the other side of the building and to knock on the door there. A man will open the door. Tell him that my uncle is going to Italy and will bring back a leather shoes for you. Anyhow, I did what my uncle said me to do. But the man ( I forgot his name) won’t let me in, because the ambassador wasn’t there to stamp my visa. He asked me to come back tomorrow. So, I left the place with anger and frustration, but as soon as I had crossed the street and sat in my car and started to pull out of the parking space by the side of the road, a tremendous explosion went off behind me. It shook up everything in the area. And without any hesitation, I ducked my head down and pushed the pedal to the metal and speed away without knowing where the explosion was. But as soon as I got home, and before I had a chance to sit on the couch, someone was knocking on my door very hard. I opened the door to see what’s going on there. I found my downstairs neighbor at the door saying to me, with fear in her eyes, “Have you seen my husband ? !””Have you seen my husband?!” I respond back saying, “What?!” “Where is your husband?”

She told me that her husband works at the American embassy and someone had just blew it up!!

As soon as I heard her saying this, I could no longer stand up on my own two feet and my face turned yellow. I never knew that her husband work at the embassy.

But a few minutes later, my neighbor came back to tell me that her husband was in East Lebanon with the ambassador. Anyhow, it took me a few days to digest what had just happened to me !! And not to mentioned that God had already saved me from death 12 times like this, and I am always grateful for His mercy and His protection.

I want everyone to know that I am very ashamed in exposing my marital problem and the way that those people had used my religion (Islam) wrongfully to destroy me and to take my child away from me.

My intention in revealing my confession letter to you is to tell the truth about my case and not to disrespect my own religion or any other religions. But if I unintentionally did so, I profoundly apologize for it in advance and I ask the Lord for His forgiveness.

Awkal II

December 25, 2011

Dear friends, family and supporters;

For the last 10 years now, I have been searching for assistance from the outside world,to expose the injustice I have been suffering at the hand of the state of Ohio. However,I believe this search has been restricted by a number of individuals, including, but not limited to my lawyers, prison Administrators, Central Office, Cuyahoga County Prosecutor (Mr. Bill Mason), and the local television media. Because my time is numbered, due to an impending execution date of June 6, 2012, I grew I wish to express my most deepest apologies to anyone that I may have offended by this…Because of my extreme sense of urgency involved in my impending execution date, I feltI also felt it was important to communicate with the victim’s family (Ali Abdul-Aziz andOn January 5, 2011, I sent a kite to Mrs. Thorne asking what steps I need to take to initiate the dialogue? And her reply was as follows:

NO! It is a victim initiation only – You can write an apology letter and send it to me-Mrs. Thorne.

Because I had no one to assist me, my lawyers do not communicate with me, and nor my family Now that I have been blessed with someone willing and able to assist me in posting my confession letter and allowing the world to know what really happened, I am very grateful. In order for me to be fair and impartial, I will post on my website those profane In about a month I plan on posting several items for the world to review and consider. I ask for your patience and understanding. And I truly do appreciate your time and

Respectfully submitted,

Awkal II.


OKLAHOMA – Michael Selsor – Board denies clemency

Source : Oklahoma Attorney general

OKLAHOMA CITY – The Oklahoma Pardon and Parole Board today voted 4 to1 to deny clemency for Tulsa County death row inmate Michael Bascum Selsor, Attorney General Scott Pruitt said.

Michael Bascum Selsor, 57, is scheduled to be executed May 1, for the first-degree murder of Clayton Chandler, 55, on Sept. 15, 1975. The U.S. Supreme Court denied Selsor’s final appeal on Feb. 21.

According to the autopsy report, Chandler died after suffering six gunshot wounds. The victim was killed during a robbery of a Tulsa convenience store where he worked. 

Selsor and his accomplice Eugene Dodson, 71, robbed the store and shot two employees. Chandler was killed, and the other employee, Ina Morris, 20, survived after being shot multiple times by Dodson.

In 1976, Selsor was tried by a jury and sentenced to death. He also received life imprisonment for shooting with the intent to kill Ina Morris. Later that year, Oklahoma’s death penalty was ruled unconstitutional by the U. S. Supreme Court, and the Oklahoma Court of Criminal Appeals adjusted Selsor’s sentence to life imprisonment. In 1996, the U.S. Tenth Circuit Court of Appeals overturned Selsor’s conviction. During a retrial in 1998, Selsor was again convicted of first-degree murder and sentenced to death.

Dodson was acquitted for the murder of Chandler. However, he was convicted of robbery and shooting with intent to kill Morris after a former felony conviction. Dodson was sentenced to 50 years for armed robbery, and 199 years for shooting with intent to kill.

April 16, 2012, source http://www.postcrescent.com

— An Oklahoma death row inmate’s plea for clemency was rejected Monday by the state Pardon and Parole, which voted 4-1 against commuting the inmate’s death penalty to life in prison without parole.

Michael Bascum Selsor, 56, apologized to family members of 55-year-old Clayton Chandler, the Tulsa convenience store clerk he was twice convicted of killing during a robbery 37 years ago, and reminded board members he had confessed to the crime.

“I didn’t pass the blame, I shared the shame,” he said during a brief appearance before the board via teleconference from the Oklahoma State Penitentiary in McAlester.

“Is it too late to say I’m sorry?” Selsor said. “I am truly sorry for the suffering and damage I have caused.”

Selsor said he knows he will die in prison and believes he could be a mentor and friend to young inmates facing lengthy sentences.

“I’ll try to be an example for the young guys,” Selsor said.

But Chandler’s daughters urged the board to not interfere with the death penalty a Tulsa County jury gave Selsor in 1998. He is scheduled to die by lethal injection on May 1.

“I think it’s time to put this to rest,” said Debbie Huggins, who fought back tears as she and her sister, Cathy Durham, remembered their father and asked board members to deny Selsor’s request for clemency.

“When we were growing up, our dad was our best friend,” Huggins said.

“I was his little girl,” Durham said. She said her father’s death had denied him an opportunity to walk her down the aisle at her wedding and get to know his grandchildren.

Huggins said Selsor made a conscious choice when he entered the convenience store where her father worked and repeatedly shot him with a .22-caliber pistol on Sept. 15, 1975. Prosecutors say Chandler suffered eight bullet wounds.

“My daddy had no choice,” Huggins said.

After the women’s presentation, board Vice-Chairperson Marc Dreyer said he was sorry for their loss. Chandler’s widow, Anne Chandler, attended the clemency hearing but did not address the board.

Selsor’s attorney, Robert Nance, invoked Christian religious beliefs and cited biblical scriptures as he urged board members to commute Selsor’s death penalty.

“God can use those who have done evil to accomplish good,” Nance said. “Grace as I understand it is an unmerited gift from God. God does that because he loves us.”

Assistant Attorney General Robert Whittaker reminded board members that while Oklahoma law allows them to extend mercy, it also requires them to uphold lawful convictions and court judgments.

“The Pardon and Parole Board is not church,” Whittaker said.

Selsor was originally sentenced to death following a 1976 trial, but the U.S. Supreme Court later invalidated Oklahoma’s death penalty statute. The Oklahoma Court of Criminal Appeals modified Selsor’s sentence to life in prison.

But Selsor initiated a new round of appeals challenging his conviction and in April 1996, the 10th U.S. Circuit Court of Appeals threw out Selsor’s murder conviction as well as two other related convictions.

Selsor was convicted of first-degree murder and sentenced to death a second time following a retrial. The same jury recommended Selsor serve a life term as an accessory to the shooting of Chandler’s co-worker, Ina Louise Morris, who survived multiple wounds inflicted by a co-defendant, Richard Eugene Dodson. In addition, the jury imposed a 20-year term for armed robbery.

Selsor and Dodson were arrested in Santa Barbara, Calif., a week after Chandler’s slaying. At the 1976 trial, a Santa Barbara police detective testified that Selsor admitted shooting Chandler during the robbery.

Dodson, now 71, was convicted of robbery and shooting with intent to kill and is serving a prison sentence of 50 to 199 years in prison.


Meeting Notice Confirmation 

Name: Date: Time: Location: City, State: DOC #
Michael Bascum Selsor 04/16/2012 12:30pm Hillside Community Corrections Center

3300 Martin Luther King Ave.Oklahoma City, OK91854

read the case :  click here 

TEXAS – Jesse Joe Hernandez execution – march 28, EXECUTED 6.18 p.m

Jesse Joe Hernandez received lethal injection for the slaying of Karlos Borja (10 months old) 11 years ago.

“Tell my son I love him very much,” the 47-year-old Hernandez said before being put to death. “God bless everybody. Continue to walk with God.”

“Dile a mi hijo que  le quiero mucho”, dijo  Hernández de 47 años de edad, antes de ser condenado a muerte. “Dios bendiga a todo el mundo. Continúe caminando con Dios.”

As the drugs took effect, he repeated his appreciation for those he knew who had gathered to witness the execution. “Love y’all, man,” he said. “… Thank you. I can feel it, taste it. It’s not bad.”

He took about 10 deep breaths, which grew progressively weaker until he was no longer moving. Ten minutes later, at 6:18 p.m. CDT, he was pronounced dead.


The U.S. Supreme Court this afternoon rejected Jesse Hernandez’s request for a stay of execution, a court spokesman said.

(Los EE.UU. Corte Suprema de Justicia rechazó esta tarde, Jesse Hernández solicitud de suspensión de la ejecución, comento un portavoz del tribunal.)
The high court ruling came about two hours before the 47-year-old Hernandez, who previously was convicted of a child sex offense, could be taken to the Texas death chamber for lethal injection. The justices’ order was brief and did not include an explanation for their decision.

The Texas attorney general’s office opposed any delay, questioning whether the high court even had jurisdiction in the case because constitutional claims weren’t raised earlier in state courts.

Thomas Jones, an assistant attorney general, said jurors who sent Hernandez to death row probably would not have approved of a trial strategy that attempted to shift blame for the child’s death to the doctors treating him.

“Such an argument smacks of chutzpah,” Jones told the Supreme Court.

The decision clears the way for Texas to put Hernandez to death by injecting him with a series of drugs, including one often used to euthanize family pets. It will be the fourth execution of the year in Texas, the 12th in the United States.

march, 28, 2012 sourcehttp://abclocal.go.com

HUNTSVILLE, TX — The U.S. Supreme Court is considering whether to block the scheduled execution of a convicted child sex offender condemned in the beating death of a 10-month-old boy he was babysitting at a home in Dallas.

Related Content

Forty-seven-year-old Jesse Joe Hernandez is set for lethal injection Wednesday evening in Huntsville for the slaying of Karlos Borjas 11 years ago.

The child was brought to a Dallas hospital in April 2001 with a skull fracture and bruises to his head, thigh and abdomen. A week later, he was taken off life support and died. Hernandez’s DNA was found in Karlos’ blood on a pillowcase and on the child’s clothing.

Hernandez denied beating the children but later acknowledged to a detective he may have hit the boy with a flashlight.

case and court old post  click here

traducion para los hispanicos

Huntsville, Texas (AP) – La Corte Suprema de EE.UU. está considerando la posibilidad de bloquear la ejecución programada de un delincuente sexual sobre menores  condenado a muerte , por golpear  un niño de 10 meses de edad, cuando estaba de  niñera en una casa en Dallas.

Cuarenta y siete años de edad, Jesse Joe Hernández está listo para la inyección letal la noche del miércoles en Huntsville por el asesinato de Karlos Borjas, hace 11 años.

El niño fue llevado a un hospital de Dallas en abril de 2001 con una fractura de cráneo y contusiones en la cabeza, el muslo y el abdomen. Una semana más tarde, se le retirara el respirador artificial y murió. El ADN de Hernández se encuentra en la sangre Karlos ‘en una funda de almohada y en la ropa del niño.

Hernández negó a golpear a los niños, pero más tarde reconoció a un detective que pudo haber golpeado al muchacho con una linterna.

No. 11-9486

Jesse Joe Hernandez v. Texas

from the Court of Criminal Appeals of Texas

Docket Entries

on March 27, 2012

Reply of petitioner Jesse Joe Hernandez filed.

on March 27, 2012

Brief of respondent Texas in opposition filed.

on March 26, 2012

Application (11A904) for a stay of execution of sentence of death, submitted to Justice Scalia.

on March 26, 2012

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2012)


Jesse Joe Hernandez, Petitioner, represented by Brad D. Levenson

Texas, Respondent, represented by Thomas M. Jones

Texas, Respondent, represented byFredericka Sargent

Last updated: March 28, 2012

from Us supreme Court :

No. 11-9486      *** CAPITAL CASE ***
Jesse Joe Hernandez, Petitioner
Docketed: March 26, 2012
Linked with 11A904
Lower Ct: Court of Criminal Appeals of Texas
  Case Nos.: (WR-62,840-02)
  Decision Date: March 21, 2012
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 26 2012 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2012)
Mar 26 2012 Application (11A904) for a stay of execution of sentence of death, submitted to Justice Scalia.
Mar 27 2012 Brief of respondent Texas in opposition filed.
Mar 27 2012 Reply of petitioner Jesse Joe Hernandez filed.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Brad D. Levenson Director (512) 463-8502
Office of Capital Writs
Stephen F. Austin Building
1700 N. Congress Avenue, Suite 460
Austin, TX  78711
Party name: Jesse Joe Hernandez
Attorneys for Respondent:
Thomas M. Jones Assistant Attorney General (512) 936-1400
Office of the Attorney General of Texas
Post Office Box 12548
Capitol Station
Austin, TX  78711-2548
Party name: Texas

Gore’s attorneys file appeal with state Supreme Court

update april 6, source : http://news.smh.com.au

Serial killer’s letters speed up execution

Serial killer David Alan Gore is set to be executed sooner than he expected, in part because he could not stop bragging about raping and murdering four teenagers and two women in Florida three decades ago.

An author published the inmate’s grotesque letters, and a newspaper columnist and editorial board brought the case to the attention of Florida Governor Rick Scott. The Republican promptly signed the death warrant, even though more than 40 other men have been on death row longer.

Gore is set to die on April 12.

“Those letters are so disturbing and so insightful into who this person is,” said Pete Earley, who recently published some of the letters in his book Serial Killer Whisperer. “Gore, actually, he talked his way into the death chamber.”

Tony Ciaglia wrote to Gore and other serial killers on a whim after suffering a severe head injury as teenager, in an effort to better understand them.

He began exchanging letters with Gore about five years ago and received about 200 pages in all. Most in the book are too graphic to quote. In one, Gore described step-by-step how he and his cousin abducted two 14-year-old friends and sexually assaulted them.

“I drug both bodies into the woods where I disposed of them. Oh and you can believe, I collected hair. It took a couple days to recover from that. It was a perfect experience,” Gore wrote.

In another letter, Gore described his uncontrollable desire to kill.

“It’s sort of along the lines as being horny. You start getting horny and it just keeps building until you have to get some relief,” Gore wrote. “That is the same with the URGE to kill. It usually starts out slow and builds and you will take whatever chances necessary to satisfy it. And believe me, you constantly think about getting caught, but the rush is worth the risk.”

Scripps Treasure Coast Newspapers columnist Russ Lemmon, who has written about the Gore case, published a column for a few Florida newspapers on the day the editorial board had an interview with the governor. They talked about the book.

The board asked Scott if he had considered signing Gore’s death warrant. The governor promised to look into it.

Meanwhile, letters poured into Scott’s office, many of them mentioning the prison correspondence.

“Pete Earley provides compelling evidence that David Gore relishes every detail of his heinous murders,” wrote Ralph Sexton, whose nephew was married to one of the women killed.

About a month after the editorial board meeting, Scott signed Gore’s death warrant.

Gore’s lawyers are now appealing, arguing in part that the governor’s decision to sign the warrant was unfairly influenced by the editorial board.

A spokeswoman for Scott said he had not read the book.

Ciaglia said Gore blamed him after the death warrant was signed. Ciaglia said he is opposed to the death penalty.

“I told him that I did not actively pursue it. That there’s a lot of people – because you did some really, really bad things – there’s a lot of people that hate you and they want to see you executed and they used these letters to get people’s attention as to the horrible crimes that you committed,” Ciaglia said.

“The only person you can blame is Gore himself,” Earley said. “His candour and his lack of compassion, empathy and remorse is stomach-churning.”

Update april 5, source : http://www.wptv.com

If all goes as planned, Carl Elliott  and his extended family next Thursday will make a trip that has eluded them for nearly 30 years.

At 6 p.m., the 81-year-old plans to be sitting next to loved ones in a viewing area at Florida State Prison when a lethal cocktail is administered to the now 58-year-old serial killer who raped and killed Elliott’s 17-year-old daughter, Lynn, in Vero Beach in 1983. David Alan Gore, who picked up Lynn Elliott and a 14-year-old friend who were hitchhiking to the beach, later confessed to murdering five other women and received five life sentences.

“We’ve been patiently waiting for this after all these years. We miss her everyday,” Elliott said. “We’re ready to go up there and see it done.”

Whether Elliott and his family will finally see Gore die for murdering the teen now rests with the Florida Supreme Court.

And, thanks to a two-week-old U.S. Supreme Court decision, the options facing the state’s high court aren’t clear-cut. In arguments Wednesday, an attorney representing Gore urged justices not to make a snap judgment in his case.

“It effects not just Mr. Gore and not just Death Row inmates,” attorney Martin McClain said of the high court’s recent decision. It will impact hundreds of inmates who were convicted of far lesser crimes than murder, he said.

He urged the justices to stay Gore’s planned execution to give attorneys throughout the state the chance to weigh in on what one justice called a “troubling” ruling that allows inmates to return to court after their initial appeals to argue that their attorneys did a bad job. Since claims of ineffective assistance of counsel aren’t allowed until after a case goes through standard appeals, some claim the ruling could pave the way for court-appointed attorneys to represent prisoners after their initial appeals have been exhausted.

In Gore’s case, McClain argued, he had not just one bad attorney but two. Stuart attorney Robert Udell, who gained fame in Palm Beach County when he represented teacher-killer Nathaniel Brazill in 2001 and was subsequently disbarred for financial misdeeds, made numerous errors when he represented Gore in a 1992 resentencing hearing, McClain said. For instance, he failed to tell the jury about Gore’s alcohol, drug abuse and mental health problems or that chances were slim that he would ever be released if he received life in prison.

Another attorney, Andrew Graham, in 1999 argued that Udell’s incompetence caused a second jury to recommend Gore receive the death penalty instead of a life sentence. But Udell denied he was at fault. Udell blamed another attorney, Jerome Nickerson, who he claimed was the lead attorney during Gore’s resentencing. However, Graham never found Nickerson, who had moved out of state, which gave him little ammunition in the appeal that was rejected by the Florida Supreme Court in 2007.

As evidence of Graham’s incompetence, McClain said he was able to find Nickerson with a quick Google search. The discovery of Nickerson is new evidence that should, as a result of the U.S. Supreme Court decision, give Gore another basis for appeal, he said.

Justices appeared less than enamored with McClain’s efforts to use the recent decision to spare Gore.

Justice Barbara Pariente said the U.S. Supreme Court’s decision in the Arizona case involving convicted sex offender Luis Mariano Martinez is aimed at federal courts.

“It has everything to do with the nightmare that’s going to be created in the federal system,” she said of the opportunity for inmates to flood courts with appeals. “It has nothing to do with what states are forced to look at.”

Further, she said, McClain has had years to find Nickerson and lodge an appeal. McClain countered that, until the Martinez decision, he had no way to challenge Graham’s incompetence.

Justice Peggy Quince said “the language of Martinez is really troubling” and it appears the ruling is far-reaching.

Assistant Florida attorney general Celia Terenzio said there is no reason to delay Gore’s execution. Even if Udell or Graham didn’t represent Gore well, the Florida Supreme Court in 2007 said their actions didn’t spur the jury to recommend that he be sentenced to death. “There was no prejudice,” she said.

Further, she said, the Martinez decision is very narrow, applying to people whose appeals were blocked on procedural grounds. Gore has had numerous appeals since he was first sent to Death Row in 1984, including one for ineffective assistance of counsel, which was rejected. Also, she said, the high court didn’t say people have a constitutional right to be represented by an attorney in post-conviction appeals, only that in certain cases it may be necessary.

In death penalty cases, Florida always provides inmates with appellate lawyers for post-conviction appeals, she said.

Court-watchers said the decision facing the Florida Supreme Court’s is difficult.

“The Florida Supreme Court is going to have to look at this as a new ruling without any guidance for how it’s going

to be interpreted,” said attorney Michael Minerva, CEO of the Innocence Project of Florida. “The prudent thing to do would be to get additional time to figure out how it applies to Florida courts.”

Richard Dieter, executive director of the Washington, D.C.-based Death Penalty Information Center, agreed. “It wouldn’t be the first time an execution has been stayed because the Supreme Court surprises people with a decision.

Read more: click here

Update march 29  source :http://www.tcpalm.com

The state Supreme Court on Thursday granted a request by David Alan Gore to hold oral arguments Wednesday at 9 a.m. in the condemned man’s appeal of a court ruling that recently denied him a hearing.

Gore’s lawyers on Monday appealed to the Florida Supreme Court an order issued by Circuit Judge Dan L. Vaughn that denied the serial killer’s request for a hearing to present evidence related to legal claims raised in an effort to stop his April 12 execution.

Gore, 58, is under a death warrant Gov. Rick Scott signed Feb. 28 for the July 16, 1983, first-degree murder of Lynn Elliott, 17, of Vero Beach.

Gore’s legal claims center on allegations of having inadequate legal counsel during his post-conviction relief proceedings. He’s further claimed his execution should be stopped in part because the clemency process in his case was applied in an arbitrary and capricious manner in violation of his U.S. constitutional rights. Another claim alleged that because of the 28 years Gore has spent on death row, adding his execution to that punishment would constitute cruel and unusual punishment

Update march 28, source : http://www.tcpalm.c 

As gores’s execution nears, family of victim reflects on loss, changes

Mike and Nancy Byer left Florida in 1988 in search of a fresh start.

“I wanted to go where nobody knew me, and I didn’t know anybody,” Mike said.

Who could blame them?

Just five years earlier, their 14-year-old daughter, Barbara Ann, was killed by Fred Waterfield and David Alan Gore. Her friend, Angel LaVallee, also was killed.

Mike was the last person to see Barbie alive. She was standing outside a 7-Eleven in Orlando. (Mike was driving a service vehicle for his truck-repair business when he passed by the convenience store.)

Later, on the streets of Orlando, the teenage girls — who met while attending Howard Junior High School — would cross paths with Indian River County’s infamous serial killers.

“Gore and Waterfield were hunters,” Nancy said. “They went out for prey.”

Update march 21 source :http://www.tcpalm.com

Attorneys representing David Alan Gore on Wednesday filed papers with the state Supreme Court appealing a judge’s ruling denying the condemned serial killer a chance to present evidence in court in an effort to stop his execution April 12 at Florida State Prison.

Gore was condemned to death for the July 1983 shooting death of Vero Beach teenagerLynn Elliott. He also pleaded guilty in the murder of five other women in Indian River County between 1981 and 1983.

Appeal papers filed by defense attorneys John Abatecola and Linda McDermott ask the Florida Supreme Court to review Circuit Judge Dan L. Vaughn’s March 15 rulings, which rejected Gore’s request to hold an evidentiary hearing, and refused to set aside his sentence of death.

The Florida Supreme Court already has issued an expedited schedule in Gore’s case, setting a deadline of April 2 for legal briefs to be filed. Oral arguments, if required by the justices, will be held April 4 in Tallahassee.

read Gore’s case click here

Larry Matthew Pucket execution scheduled today march 20, 2012 – updates of the last 24 hours

March 20, 2012 Execution of Larry Matthew Puckett
7:00 p.m. News Briefing
Parchman, Miss. – The Mississippi Department of Corrections (MDOC) today
conducted the mandated execution of state inmate Larry Matthew Puckett. Inmate Puckett was pronounced dead at 6:18 p.m. at Mississippi State Penitentiary at Parchman.
MDOC Commissioner Christopher Epps said during a press conference following the execution that the evening marked the close of the Larry Matthew Puckett case. Puckett was sentenced to death in August 1996 for the Petal, Mississippi capital murder of Ms. Rhonda Hatten Griffis.
“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 fulfilled with dignity,” said MDOC Commissioner Chris Epps. “Through the course of nearly 17 years, death row inmate Larry Matthew Puckett was afforded his day in court and in the finality, his conviction was upheld all the way to the U.S. Supreme Court. The cause of justice has been championed.”
“I ask that you join me in prayer for the family of Rhonda Hatten Griffis. It is our fervent hope that you may now begin 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.

 † Larry Matthew Puckett, 35, was put to death by injection and pronounced dead at 6:18 p.m
No,” was the final word from Puckett’s mouth after being asked if he had any final statements.

Epps said Puckett has also requested the opportunity to shower before his execution, but does not want a sedative before the injection.

“I asked him if he wanted one … he said he did not,” Epps said.

read more click here

from Mary Stennett Puckett
We have heard from the Governor and he has declined Matt’s clemency application. We have talked to Matt and he is calm and at peace. He asked that we not worry about him. We prayed that God would free Matt but God has a different definition for free. Matt will finally be free. I told him that he was put on this earth for a purpose and that was to teach us lessons. He asked that we not squander what we had learned and that if we can’t love our neighbor, then we cannot get right with God. We want to thank each and every one of you who joined us in this fight. We appreciate the petition signatures, the prayers and all the encouragement we as a family have received.

4:29 PM

Mississippi governor refuses to stop this evening’s execution

Mississippi Gov. Phil Bryant has refused to stop the execution scheduled for 6 p.m. tonight of a Mississippi man for the sexual assault and slaying of the wife of his former boss.

3;46 pm source : http://www.hattiesburgamerican.com

Puckett has asked for his remains to be released to his mother by way of Glenwood Funeral Home in Vicksburg.

3.29 pm  source : http://www.therepublic.com

 Puckett spent Tuesday visiting with relatives. He requested a last meal of Macadamia nut pancakes, shrimp and grits, ice cream cake, caramel candy and root beer.

Puckett has a petition before the U.S. Supreme Court to block the execution. Thousands have signed an online petition in support of Puckett, insisting he is innocent.

Puckett’s supporters hope to persuade Gov. Phil Bryant to stop the execution.

Puckett has requested that his body be released to his mother, Mary Puckett.


2.58 pm  source : http://www.hattiesburgamerican.com

Larry Matthew Puckett, set to be executed this evening, is currently visiting with his family.

Mississippi Department of Corrections Commissioner Chris Epps said in a news conference at Mississippi State Penitentiary that six family members were meeting with Puckett as of 2 p.m.

Puckett, 35, was convicted in 1996 of the October 14, 1995 murder and sexual battery of Rhonda Hatten Griffis in Petal.

Epps said Puckett still maintains his innocence.

“He said there was more to the story,” Epps said.

Currently visiting with Puckett are his mother, Mary Puckett, his father, Larry Ross, two brothers, Edgar Puckett III and Paul Michael Puckett, stepmother Janie Ross and uncle Keith Stennett.

Epps said Puckett is reportedly “somber,” according to MDOC officers stationed outside his cell.

For his last meal, Puckett has requested macadamia nut pancakes with butter and maple syrup, shrimp and grits, an ice cream cake from Dairy Queen, a bag of Werther’s Originals caramel candy and an A&W root beer.

He has requested none of his family nor his attorney witness his execution, scheduled for 6 p.m. by lethal injection.

The victim’s mother and father, Cecil and Nancy Hatten of Hattiesburg, are scheduled to witness the execution.

Lamar County Sheriff Danny Rigel, Forrest County Sheriff Billy McGee and Sunflower County Sheriff James Haywood will witness the execution, along with the Hattiesburg American and three other media outlets.

Epps said more updates would be delivered to media soon.
Read more in tomorrow’s Hattiesburg American or later today at hattiesburgamerican.com.

30 min ago  12:30 pm source : Inmates rights miles apart

From Mary Stennett Puckett
I would like to ask that anyone that calls, emails or otherwise contacts Governor Bryant about Matt’s clemency to please be courteous and respectful. The Governor has a heart wrenching decision to make that will change the lives of many people and being unkind is not something that Matt or I would want his supporters to be. Thank you for all of your support and prayers. We are on the road now going to see Matt and we are praying for strength and mercy. Blessings to all of you…

Toll Free: 1-877-290-9487

update march, 20, 3.20 am  source http://www.wlox.com

watch the new video  click here 

Gov Bryant of Mississippi. Ask him to commute Matthew Puckett’s sentence to Life With Out Parole. He is scheduled to be put to death at 6pm. His phone number is 601-359-3150 His fax is 601-359-3741

march, 19 , 10.05 pm source : http://www.clarionledger.com

Mary Puckett, mother of convicted killer Matt Puckett, talks to the media at a protest against the death penalty. Puckett and others feel the judicial system failed on several levels and wrongly put her son on death row. Puckett is scheduled for execution today.

An anti-death penalty group says the testimony of a controversial forensic dentist helped put Larry Matthew Puckett where he is today: facing death by lethal injection in a matter of hours.

But the state attorney general’s office and others say Puckett will pay with his life for the life he took more than 15 years ago. Puckett, 35, is scheduled to be put to death today a little after 6 p.m. for the 1995 sexual assault and murder of Rhonda Hatten Griffis, 28, a mother of two from Forrest County.

In a rally Monday at the state Capitol , Mississippians Educating for Smart Justice, which opposes the death penalty, asked Gov. Phil Bryant to commute Puckett’s death sentence to life in prison without parole.

The group said it is also making a similar request for William Mitchell, who is scheduled to be put to death Thursday for the 1995 rape and murder of store clerk Patty Milliken, 35, who was killed in Harrison County.

The anti-death penalty group said it has collected more than 5,000 signatures on a petition asking Bryant to commute the sentences.

“The governor and his staff are currently reviewing the facts in these cases and have no further comment at this time,” Bryant’s spokesman, Mick Bullock, said Monday after the anti-death penalty rally.

About 50 people gathered in the first floor rotunda of the state Capitol for the rally.

“We are here to oppose as a whole the death penalty,” said Benjamin Russell of MESJ.

But Jackson resident Ann Pace, whose 22-year-old daughter, Charlotte Murray Pace, was killed by serial killer Derrick Todd Lee in 2002 in Louisiana, said the death penalty isn’t something that is morally wrong.

Pace said if she would have known the rally was taking place she would have been there with her signs in favor of the death penalty when it is judicially used.

“It’s not a good thing, it’s a tough thing you do to protect innocent people,” Pace said of carrying out executions.

Jim Craig, an attorney for death row inmates, said at the rally that Puckett and Mitchell didn’t get fair trials. Craig also criticized one of the state’s expert witness at Puckett’s trial, forensic dentist Michael West. Puckett’s attorneys have filed an appeal to the U.S. Supreme Court in hopes of blocking the execution.

read more click here

march 19, source :http://www.wlbt.com

Advocacy group calls for clemency in Puckett execution

watch the video click  here

Update : march 19 ,2012 source : http://www.wtok.com

Group Protests Executions
Jackson, Miss.
A group that opposes the death penalty protested two executions scheduled in Mississippi this week.

Thousands of people have signed an online petition seeking to block the execution of death row inmate, Larry Matthew Puckett.

He is scheduled to die by lethal injection Tuesday at 6 p.m.

Puckett was convicted of sexually assaulting and killing his former boss’ wife when he was 18 years old.

His lawyers petitioned the U.S. Supreme Court last week to block the execution.

A group opposed to capital punishment spoke out Monday at the state capitol.

Mississippians Educating for Smart Justice want Gov. Phil Bryant to grant clemency to Puckett, as well as condemned killer, William Mitchell, who is also scheduled for execution this week.

“Neither of these men, William Mitchell or Matt Puckett, have had a fair trial,” said attorney Jim Craig. “Neither of them have had a real appeal. It’s time to quit hiding behind this fraud and accept the fact that our system is deeply flawed. And these two cases prove it.”

As of Monday, there were nearly 4500 electronic signatures on a petition called ‘Save Matt Puckett: stop an innocent man from being executed.’

click here for read more about case and updates

The application for stay of execution of sentence of death
presented to Justice Scalia and by him referred to the Court is
denied. The petition for a writ of certiorari is denied.

Usa Supreme Court, march 14

No. 11A875  
Larry Matthew Puckett, Applicant
Linked with 11-9290
Lower Ct: Supreme Court of Mississippi
  Case Nos.: (2012-DR-00278)
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 14 2012 Application (11A875) for a stay of execution of sentence of death, submitted to Justice Scalia.
Mar 16 2012 Response to application from respondent filed.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:    
Keir Michael Weyble Cornell Law School (607) 255-3805
  103 Myron Taylor Hall  
  Ithaca, NY  14853  
Party name: Larry Matthew Puckett
Attorneys for Respondent:    
Marvin L. White Jr. Assistant Attorney General (601) 359-3680
  450 High Street  
  P.O. Box 220  
  Jackson, MS  39205  
Party name: Mississippi