TEXAS – Judge denies motions to deem death row inmate unfit for execution – Marcus Druery- STAYED


July 24, 2012 the eagle.com

Judge J.D. Langley on Monday morning denied several motions filed by attorneys of death row inmate Marcus Druery, 32, of Bryan, claiming their client is incompetent and therefore unfit to be executed next week.

Druery has been on death row since 2003 when a Brazos County jury sentenced him to death after convicting him of killing Skyyler Browne, then robbing him and setting the body on fire.

Druery’s lawyers, Kate Black and Greg Wiercioch with the Texas Defender Service, say their client is schizophrenic and doesn’t have a rational understanding of why he’s scheduled to receive lethal injection Aug. 1, which would make him ineligible for execution based on a U.S. Supreme Court decision.

They pointed to thousands of pages of medical and prison records that detail Druery’s condition and used letters written by the inmate to support their position.

Black said while her client may be able to recite when his execution date is, he lacks understanding of why he’s to receive the punishment and believes he is innocent.

Prosecutor Doug Howell did not argue that Druery is mentally ill, but did insist he meets the competency criteria for execution. Howell said Druery made comments at a June 29 hearing that he was not responsible for the murder, an indication that he understands the crime and why he is to be put to death.

In the motions filed and denied, Druery’s attorneys had asked Langley to appoint two independent psychiatrists to review the competency issue and schedule a hearing on the matter.

Black said the next step will be to appeal the decision with the Texas Criminal Court of Appeals, and if unsuccessful at that level, they will move on to the federal court system.

UPCOMING – Executions – AUGUST 2012


July 18, 2012

Dates are subject to change due to stays and appeals

Pennsylvania execution dates and stays are generally not listed because the state routinely sets execution dates before all appeals have been exhausted.

August

08.01.12

Marcus Druery

Texas

 Stayed  
08.03.12

Michael Tisius

Missouri

Stay likely  
08.07.12

Wilson Marvin

Texas

 Executed   6:27 p.m
08.08.12

Daniel Wayne Cook

Arizona

 Executed  11:03 a.m
08/14/2012

 Michael Edward Hooper

Oklahoma

 Executed   6:14 p.m
08/15/2102

Jason Reeves

Louisania

 Stayed
08/22/2012

John Balentine

Texas

 Stayed  

OKLAHOMA – Execution date set for Okla. death row inmate – Michael Edward Hooper


June 17, 2012 Source : 
http://mcalesternews.com

Hooper,-Michael.jpg

McALESTER — An execution date has been set for a death row inmate at the Oklahoma State Penitentiary.

Michael Edward Hooper, 39, is set to be executed Aug. 14 for the 1993 shooting murders of his ex-girlfriend, Cynthia Lynn Jarman, age 23, and her two children, Tanya Kay Jarman, age 5, and Timmy Glen Jarman, age 3.

“Hooper shot each victim in the head twice and buried their bodies in a shallow grave in a secluded field,” stated Oklahoma Attorney General Scott Pruitt in a press release. “The victims had been missing for several days before being discovered.

“The truck that Cynthia had been driving also was found abandoned and burned. Police records, including domestic violence reports, show that Hooper and Jarman had previously been in a physically violent relationship.”

According to court records, Hooper was convicted of three counts of first-degree murder for the Dec. 7, 1993, shootings and was sentenced to death on each count.

Hooper met Cynthia Jarman in early 1992 and the pair dated through the summer of 1993, according to court records. The nature of their relationship was a physically violent one and Hooper threatened to kill his girlfriend on numerous occasions, court records state.

In July of 1993, Cynthia Jarman began dating Hooper’s friend, Bill Stremlow, and in November of 1993, she moved in with her new boyfriend. “Before moving in with Stremlow, (Cynthia) Jarman confided in a friend that (Hooper) had previously threatened to kill her if she ever lived with another man,” court documents state.

On Dec. 6, 1993, Cynthia Jarman told a friend that she wanted to see Hooper one last time. The next day, she dropped Stremlow off at work and borrowed his truck for the rest of the day, according to court records.

Jarman picked up her daughter, Tonya, at school that afternoon,” court records state. “At that time, Tonya’s teacher saw Tonya get into Stremlow’s truck next to a white man who was not Stremlow. Jarman failed to pick up Stremlow from work that evening as planned. Later that night, Stremlow’s truck was found burning in a field. The truck’s windows were broken out. An accelerant had been used to set the truck on fire.

“On December 10, a farmer and police officers discovered the bodies of Jarman and her two children buried in a shallow grave in another field. … Each victim had suffered two gunshot wounds to the face or head.”

Police arrested Hooper and collected evidence from his parent’s home, including a gun, that matched the evidence at the crime scene.

Before Hooper was found guilty by jury of these three murders and then sentenced to death, the prosecutor said the following in a portion of his closing statement at trial:

“At some point, Tonya managed to get away and flee into the woods. The moment Tonya stepped from that truck and headed for the woods, everyone’s worst nightmare came true for her. If you think back, many of us children had the nightmare that I’m referring to, the nightmare of running from something that you cannot get away from. As children, many of us in those dreams in those nightmares were being chased by an evil monster. Tonya Jarman, on that night, had this nightmare become a reality for her. She was being chased through the woods by an evil monster bent on killing her, which he did, this Defendant did. I want you to imagine with me for a moment what that little girl went through as she moved from the car and ran through the woods with the Defendant after her. It was obvious from the evidence that she did not get very far before, at some point, she was fired at, and that bullet went whizzing through her coat, through the hood of her coat and into a tree branch. Now, we don’t know how long a time passed between the time she was shot and the time she was caught, but it must have seemed like a terribly, terribly, terribly long time. Imagine the horror that Tonya felt when, as she ran from the Defendant, she was caught and turned around and he once again looked that little girl in the face and shot her just below her left eye. After that, he then executes her as well with the second shot and then left that little girl to die alone in the woods with her blood spilling onto the ground.”

ARIZONA – Arizona court approves fifth execution this year


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

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

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

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

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

TEXAS – New execution date set for Balentine august 22


april 20 source : 
http://amarillo.com

Balentine

Prosecutors have secured the third execution date in more than a decade for an Amarillo man convicted in the 1998 killings of three Amarillo teens, according to court records.

The state is set to execute John Balentine, 43, on Aug. 22, according to an order from 320th District Court Judge Don Emerson.

Since his 1999 capital murder conviction, Balentine has eluded two execution dates after state and federal judges have stayed his executions, according to Texas Department of Criminal Justice records. Most recently, the U.S. Supreme Court declined last month to hear his appeal and lifted the stay.

un 15 2011 Application (10A1226) granted by the Court. The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.
Mar 21 2012 DISTRIBUTED for Conference of March 23, 2012.
Mar 26 2012 Petition DENIED.

In a letter to Emerson, Lydia Brandt, Balentine’s attorney, said prosecutors are needlessly rushing an execution date as she plans to file a federal case on behalf of her client.

“Worse, setting an execution date, knowing that further litigation is imminent, will needlessly inflict more suffering on the victims’ families,” Brandt’s letter said.

Brandt has said the defendant’s trial attorney did not include any evidence of Balentine’s violent and abusive childhood, which might have swayed jurors toward life in prison.

A Potter County jury found Balentine guilty in 1999 of fatally shooting Edward Mark Caylor, 17; Kai Brooke Geyer, 15; and Steven Brady Watson, 15. Authorities said he fired .32-caliber pistol shots into the heads of all three teens as they slept in an East 17th Avenue home.

Prosecutors said the incident stemmed from an argument between Balentine and Caylor, whose sister had been in a relationship with Balentine.

US – UPCOMING Executions scheduled 2012 – 2013 – 2014


Dates are subject to change due to stays and appeals

Update November 16, 2012

Scheduled Name State Status  
March
3/15/2012 Timothy Stemple Oklahoma executed     6.11 pm
3/18/2012 Briley Piper South Dakota Stayed                                                                           
3/20/2012 Larry Puckett Mississippi executed     6.18 pm
3/22/2012 William Mitchell Mississippi executed    6.20 pm
3/28/2012 Jesse Hernandez Texas executed     6:18 pm
3/29/2012 Thomas Arthur Alabama  Stay  
April
4/05/2012 Michael Anthony Archuleta Uta Stay likely  
4/12/2012 Carey Dale Grayson Alabama  Delayed  
4/12/2012 Garry Allen Oklahoma  Stayed (30 days)  
4/12/2012 David Gore Florida executed   6:19 p.m
4/18/2012 Mark Wiles Ohio executed    10:42 a.m
4/20/2012 Shannon Johnson Delaware executed     2:55 a.m
4/26/2012 Beunka Adams Texas executed    6:25 p.m
4/25/2012 Thomas Arnold Kemp Arizona executed †  10:08 a.m
May
5/1/2012 Michael Selsor Oklahoma  Executed   6:06 p.m
5/2/2012 Anthony Bartee Texas STAYED  
5/9/2012 Todd Wessinger Louisiana STAYED  
5/13/2012  Eric Robert South dakota STAYED  
5/16/2012 Steven Staley Texas STAYED  
5/16/2012 Samuel Villegas Lopez Arizona  RESCHEDULED june 27th
June
05.06.12 Henry Curtis Jackson Mississipi EXECUTED  † 6:13 p.m
06.06.12 Bobby Hines Texas  DELAYED  
06.06.12 Abdul Awkal Ohio DELAYED  
12.06.12 Jan Michael Brawner Mississippi EXECUTED † 6:18 p.m
12.06.12 Richard Leavitt Ohio EXECUTED  10:25 a.m
20.06.12 Gary Carl Simmons Mississippi Executed  6:16 p.m
27.06.12 Samuel Villegas Lopez Arizona Executed  10:37 a.m
July
07/18/2012 Yakomon Hearn Texas  Executed   6:37 p.m 
07/18/2012 Warren Hill Georgia Stayed (rescheduled for 7/23)  
07/24/2012 Darien Houser Pennsylvania STAYED  
07/25/2012 John Koehler Pennsylvania STAYED  
07/26/2012 Willie Clayton Pennsylvania STAYED  
07/26/2012 John Eley Ohio  COMMUTED  
August
08/01/12 Marcus Druery Texas  Stayed  
08.03.12 Michael Tisius Missouri  Stay likely  
08.07.12 Wilson Marvin Texas  Executed † 6 :27 p.m
08.08.12 Daniel Wayne Cook Arizona  Executed † 11 :03 a.m
08/14/2012  Michael Edward Hooper Oklahoma  Executed  6 :14 p.m
08/15/2102 Jason Reeves Louisania  Stayed  
08/22/2012 John Balentine Texas  Stayed  
September
09/15/2012 Rodney Berget South Dakota  Stayed  
09/13/2012 Michael Travaglia Pennsylvania  Stayed  
09/20/2012 Donald Palmer Ohio Executed  10:35 a.m.
09/20/2012 Robert Harris Texas Executed  6.43 p.m
09/25/2012 Cleve Foster Texas Executed  6.43 p.m
October    
10.03.12 Terrance Williams Pennsylvania  STAYED  
10/09/2012 Terry Chamberlain Pennsylvania  Stay  
10/10/2012 Jonathan Green Texas Executed    10.45 p.m
10/10/2012 Andre Staton Pennsylvania  Stay  
10/11/2012 David Ramtahal Pennsylvania Stay  
Week 10/14/2012 Eric Robert South Dakota  Executed  †  10.43 p.m
10/18/2012 Antony Haynes Texas STAYED  
10/23/2012 John Ferguson Florida Stayed  
10/24/2012 Bobby Lee Hines Texas Stayed  
10/28-11/2012 Donald Moeller South Dakota    Executed   10.24 p.m
10/31/2012 Donnie Roberts Texas  executed  6.39 p.m
November
11.06.12 Garry allen Oklahoma  Executed   6.10 p.m
11.08.12 Mario Swain Texas  Executed   6.39 p.m
11/08.2012 Hubert Michael Pennsylvania  Stay  
11/13/2012 Brett Hartman Ohio  Executed   10.34 a.m
11/14/2012 Ramon Hernandez Texas  executed  6.38 p.m
11/15/2012 Preston hughes Texas  executed   7.52 p.m
December    
12.04.12 George Ochoa Oklahoma    
12.11.2012 Roy Ward Indiana Stay likely  
 12.11.2012  Manuel Pardo  florida    
 12.12.2012  Rigoberto Avila  Texas Changed to 4/10/2013  

EXECUTIONS SCHEDULED FOR 2013

Month Name State Status
January
8 Mark Newton Spotz Pennsylvania
16 Ronald Post Oklahoma
29 Kimberly McCarthy Texas
February
20 Britt Ripkowski Texas
March
6 Frederick Treesh Oklahoma
April
10 Rigoberto Avila Texas
16 Ronnie Threadgill Texas
May
1 Steven Smith Oklahoma
July
31 Douglas Feldman Texas
August
7 Billy Slagle Oklahoma
September
25 Harry Mitts Oklahoma
November
14 Ronald Phillips Oklahoma

 EXECUTIONS SCHEDULED FOR 2014


Month Inmate State Status
January
16 Dennis McGuire Oklahoma
March
19 Gregory Lott Oklahoma
May
28 Arthur Tyler Oklahoma
August
4 William Montgomery Oklahoma
October
15 Raymond Tibbetts Oklahoma