Death Penalty

Man convicted of killing 6 in Texas gets death penalty


November  17,2017

A man was sentenced to death Wednesday for a rampage that left six people dead at a remote East Texas campsite.

A Brazos County jury deliberated about 45 minutes before deciding William Hudson, 35, of Tennessee Colony, should face execution. The same jury found him guilty last week on three counts of capital murder in the 2015 shooting and beating deaths of 77-year-old Carl Johnson, 40-year-old Hannah Johnson, 45-year-old Thomas Kamp, 23-year-old Nathan Kamp, 21-year-old Austin Kamp and 6-year-old Kade Johnson.

The verdict on a punishment comes exactly two years after Hudson’s arrest, which was on Nov. 15, 2015.

Evidence showed the victims were part of a blended family that gathered for a weekend together to camp on property in Tennessee Colony, about 90 miles (144 kilometers) southeast of Dallas. They had recently bought the land from Hudson’s family. Prosecutors said Hudson resented the sale.

Cynthia Johnson, the wife of Carl Johnson, was able to hide and survived the rampage.

The Eagle of Bryan-College Station reported that Cynthia Johnson testified that she heard Hudson fatally beat her husband and her daughter, Hannah, inside a recreational vehicle. She hid until dawn the next morning, retrieved a cellphone dropped by her daughter and called police.

Four victims were found in a pond.

Defense witnesses testified that Hudson suffered brain damage from multiple seizures, two car accidents and extreme alcohol abuse, and had been emotionally and sometimes physically abused by his father.

“William Hudson was created, he wasn’t born that way,” Stephen Evans, one of Hudson’s attorneys, said.

Prosecution experts said Hudson had a personality disorder and not a mental illness.

“This is just who he is,” special prosecutor Lisa Tanner said. “This is a man who is not gonna change. That ought to scare you.”

The case had been moved from Anderson County to Bryan, about 90 miles (144 kilometers) to the southwest to avoid potential jury bias.

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ARIZONA – Cost of death penalty case keeps climbing


November  17,2017

The cost of a Bullhead City murder suspect’s death penalty case could exceed more than $1 million by the time it goes to trial.

Justin James Rector, 29, is charged with first-degree murder, kidnapping, child abuse and abandonment of a dead body for the Sept. 2, 2014, death of 8-year-old Isabella Grogan-Cannella.

The total cost for Rector’s defense including the 2017-18 fiscal year is now $582,579. That dates to the 2014-15 fiscal year. The cost includes $409,822 for all of Rector’s defense attorneys and $172,007 for investigative services for the last four fiscal years, indigent defense services director Blake Schritter said.

So far, this current fiscal year, his attorney fees are $31,056 and the investigative services are  $20,415. During the 2016-17 fiscal year, his attorney bill was $199,290 and the investigative services cost $129,777. In the 2015-16 fiscal year, attorney fees were $121,725 and the investigative services were $13,578, Schritter added.

Rector’s next hearing before Superior Court Judge Lee Jantzen is scheduled for today. Vacated several times, Rector’s trial has not been scheduled and the length of the trial is not known but could last a month or longer.

Quinn Jolly made his first appearance as first chair on Rector’s death penalty murder case in September. Julia Cassels, who was assigned to the case in July 2016, is the second counsel in the murder case. Two death penalty qualified attorneys are required in a capital murder case.

Rector’s previous attorney took the case in March 2015 but withdrew in July. The public defender’s office withdrew from the case in March 2015.

PHOENIX – John Allen gets death penalty in murder of 10-year-old girl


November 16,2017

Jurors in Maricopa County Superior Court deliberated for only a few hours before deciding that John Allen should get the death penalty.

The jury previously determined that Ame Deal’s death was especially cruel or heinous.

Allen, 29, was convicted of first-degree murder and child abuse on Nov. 8.

His 28-year-old wife, Sammantha Allen, was a cousin of Deal’s and was convicted of murder in the girl’s death in June. She’s now the third woman on Arizona’s death row.

Prosecutors said the couple forced Ame into the small, plastic box as punishment for stealing ice pops. They went to sleep and the girl was found dead the next morning.

Defense attorney Robert Reinhardt had argued that John Allen, a father of four young children, did not intend for the girl to die and that the other adults in the home created the abusive environment.

But County Attorney Bill Montgomery said Thursday that the Allens “received the only proportionate penalty that could rightly be imposed for the torture and pain they put Ame through. Ame deserved so much more from the adults responsible for her care.”

Ame’s death was the culmination of a shocking history of abuse at the hands of relatives who were charged with caring for her.

Authorities said the girl was forced to eat dog feces, crush aluminum cans barefoot, consume hot sauce and get in the storage box on other occasions.

She also was kicked in the face, beaten with a wooden paddle and forcibly dunked after being thrown in a cold swimming pool, according to police investigators.

Adults at the home originally claimed Ame hid during a late-night game of hide-and-seek and wasn’t found until hours later.

Three other relatives are in prison serving sentences for abusing Ame.

David Deal, who is listed as the girl’s father on her birth certificate, is serving a 14-year sentence after pleading guilty to attempted child abuse.

Ame’s legal guardian at the time of her death was her aunt, Cynthia Stoltzmann, who is serving a 24-year prison sentence for a child abuse conviction. Ame’s grandmother, Judith Deal, is serving 10 years for child abuse.

Authorities said Ame’s mother left the family years earlier after suffering abuse from relatives and moved to Kansas without her daughter.

Ohio Halts Execution of Physically Debilitated Prisoner After It Cannot Find Vein for Intravenous Line


November  15

Having failed to find a suitable vein in which to set an intravenous execution line, Ohio called off the scheduled November 15 execution of gravely ill and physically debilitated death-row prisoner, Alva Campbell . After execution personnel failed in four attempts to find a vein for the IV line, Ohio Department of Rehabilitation and Correction Director Gary Mohr stopped the execution and Governor John Kasich granted Campbell a temporary reprieve. Kasich rescheduled Campbell’s execution for June 5, 2019. The execution was delayed for nearly an hour as executioners assessed Campbell’s veins, and then witnesses watched for another half hour as prison personnel used an ultraviolet light to probe Campbell’s arm for a vein, sticking him twice in the right arm, once in the left arm, and once in the left leg. Columbus Dispatch reporter Marty Schladen, a media witness to the execution, reported that, when he was stuck in the leg, “Campbell threw his head back and appeared to cry out in pain.” Campbell’s lead lawyer, assistant federal public defender David Stebbins said, “We had warned them for months that they were going to have this problem.” In court documents seeking to stay his execution, Campbell’s lawyers unsuccessfully argued that a combination of severe medical ailments and physical disabilities made it inappropriate for him to be executed. These afflictions include lung cancer, chronic obstructive pulmonary disease, respiratory failure, prostate cancer, and severe pneumonia, and Campbell relies on a colostomy bag that hangs outside his body, needs oxygen treatments four times a day, and requires a walker for even limited mobility. Following the reprieve, Stebbins questioned whether the state would be able to successfully execute Campbell. “He’s 69 years old and has all kinds of illnesses and his veins are a mess,” he said. “They’re just not going to get any better.” “This type of state-sponsored torture is not acceptable,” said ACLU of Ohio senior policy director Mike Brickner. “This marks the fifth botched execution for Ohio in recent years, and the second time the state could not complete an execution. This is not justice,” he said, “and this is not humane.” In the past eleven years, Ohio has also botched the executions of Joseph L. ClarkChristopher Newton, Romell Broom, and Dennis McGuire. In a video posted on the website of the Columbus Dispatch, reporter Marty Schladen, who was scheduled to witness the execution, said “I don’t think anything that happened today would make anybody sanguine about the death penalty in Ohio right now.”

Executions Scheduled for 2018


Executions Scheduled for 2018


Month State Prisoner
January
3 OH John Stumpf — RESCHEDULED
3 OH William Montgomery — RESCHEDULED
18 TX Anthony Shore
30 TX William Rayford
February
1 TX John Battaglia
13 OH Warren K. Henness — RESCHEDULED
13 OH Robert Van Hook — RESCHEDULED
13 OH Raymond Tibbetts
22 TX Thomas Whitaker
March
14 OH Douglas Coley — RESCHEDULED
14 OH Warren K. Henness — RESCHEDULED
27 TX Rosendo Rodriguez
April
11 OH Melvin Bonnell — RESCHEDULED
11 OH William Montgomery
May
30 OH Stanley Fitzpatrick — RESCHEDULED
June
27 OH Angelo Fears — RESCHEDULED
July
18 OH Robert Van Hook
August
1 OH David A. Sneed — RESCHEDULED
September
13 OH Cleveland R. Jackson
October
10 OH James Derrick O’Neal — RESCHEDULED
November
14 OH John David Stumpf — RESCHEDULED

In the Execution Business, Missouri Is Surging


Defense lawyers call it a crisis; the state says it’s just doing its job.
Since Texas carried out the country’s 1st lethal injection in 1982, the state has performed far more executions than any other state. To date, 528 men and women have been put to death in Texas, more than the total in the next 8 states combined.
But viewed from a slightly different angle, Texas has lost its place as the epicenter of the American death penalty, at least for the moment.
Since November 2013, when Missouri began performing executions at a rate of almost 1 per month, the state has outstripped Texas in terms of the execution rate per capita. In 2014, both states executed 10 people, but Texas has more than 4 times the population of Missouri. This year, the difference is not quite as stark (Texas: 10, Missouri: 5) but Missouri still ranks number 1. The state that has become the center of so many conversations about criminal justice through the courts and cops of Ferguson is now the center of one more.
Why?
The politicians, judges and prosecutors who keep the system running at full steam simply say the death penalty is a good thing and the pace of executions is a sign that nothing is gumming up the pipes of justice. Defense attorneys are more eager to talk about the reasons for the current situation. They tend to use the word “crisis.”
The Drugs
The most important reason for the rise in Missouri’s rate of execution is also the most mysterious. As other states have dealt with a nationwide shortage in lethal-injection drugs by turning to new and experimental combinations – leading to grisly botched executions (Dennis McGuire in Ohio, Clayton Lockett in Oklahoma, and Joseph Wood in Arizona) and lawsuits that have slowed down the pace of executions – Missouri has managed to get a steady supply of pentobarbital, a common execution drug.
Like their counterparts in all death-penalty states, Missouri officials are pushing in court to keep the source of their pentobarbital a secret. Texas has also exclusively used pentobarbital for executions in recent years, but has struggled to find a compounding pharmacy that will produce it. In Missouri, corrections officials had also struggled, but now have managed to stockpile the drug.
“We’re the only state in the union with no trouble getting pentobarbital,” says Cheryl Pilate, a Kansas City attorney who has represented death-row inmates. The pentobarbital made by small, generally unregulated compounding pharmacies – the choice in Texas – does not have a long shelf-life, leading Pilate and her colleagues to wonder whether Missouri officials are getting the drug from a veterinary supplier (the drug is often used to euthanize animals) or a manufacturer from overseas. Attorney General Chris Koster recently said in a court filing, quoted by BuzzFeed, that “Missouri uses pentobarbital as the lethal chemical in its execution process, but does not admit nor deny the chemical now used is compounded as opposed to manufactured.”
The Governor and the Attorney General
Attorney General Koster, as well as Missouri Governor Jay Nixon, are both Democrats and both outspoken supporters of the death penalty. Nixon himself was the attorney general before Koster, so both have overseen the state’s side in fighting the appeals of death-row inmates, pushing them along toward execution. Koster has suggested that the state set up a laboratory to make its own supply of lethal-injection drugs.
Nixon has the power to commute death sentences to life in prison, but he has done so once in his 6 1/2 years as governor, and he provided no explanation for why. Many political commentators have speculated that Nixon and Koster, as Democrats in a primarily conservative state – where the electoral votes went to Mitt Romney in the 2012 presidential election – use executions to establish their tough-on-crime bonafides. “As a Democrat in public office, you would lose a lot of votes by not being enthusiastically in support of the death penalty,” says Joseph Luby, an attorney with the Death Penalty Litigation Clinic in Kansas City.
Nixon and Koster’s support for the death penalty fits a historical pattern of death-penalty support among blue governors in red states. In the 1990s, Texas Governor Ann Richards never commuted a death sentence and Arkansas Governor Bill Clinton famously flew home from the presidential campaign trail to preside over an execution of a man missing part of his brain. (Nixon had his own similar case earlier this year.) At the same time, Republicans in states near Missouri – Governor John Kasich in Ohio and former Governor Mike Huckabee in Arkansas – have regularly granted clemency to death-row inmates.
Nixon’s office did not respond to a request for comment on the politics of the death penalty, while Koster’s press secretary, Nanci Gonder, replied that he “has consistently supported the death penalty for the most serious murder convictions” and “1 of the duties of the Attorney General is to ensure that legal punishments for violating Missouri’s criminal laws are carried out.”
The Courts
Sean O’Brien, a professor at University of Missouri-Kansas City School of Law, spent much of his career defending death-row inmates and recalled a case in which the judges at the Missouri Supreme Court ruled against the prosecution. In 2003, the court ruled in favor of a man who committed a murder before turning 18, a decision that was later ratified by the U.S. Supreme Court and became the basis for a nationwide ban on the execution of juveniles.
Missouri Supreme Court judges are appointed by the governor, and in 2013 Governor Nixon selected Judge Mary Russell to be chief justice, overseeing the setting of execution dates. Her court set up the 1-a-month schedule in November of that year. When she stepped down in July this year, she told several reporters that the pace of executions picked up because they had been on hold during the lethal-injection drug shortage. Once the state had the drugs, she said, “there were a number of people who had been backlogged whose appeals were exhausted.”
“It’s required by law that the Supreme Court shall set execution dates,” she added. “It’s not that we agree or disagree with the death penalty.”
The Eighth Circuit U.S. Court of Appeals, which has final say over death cases in Missouri, rarely stops executions, according to O’Brien, the law professor. “We’ve got a situation where all 3” – the governor, attorney general, and supreme court – “are lickety-split gung-ho on this, and the federal courts aren’t stopping them.”
The Defense Bar
During a short phone interview last week, the Missouri capital-defense attorneys Cheryl Pilate and Lindsay Runnels used the words “crisis,” “disaster,” “horrific” and “overwhelming” as they described their “extremely small and embattled defense bar.” They see their cohort’s rushed work and missed deadlines and paltry resources as signs of broader problems with public defense in the state. Missouri was ranked 49th by the National Legal Aid & Defender Association in per-capita spending on indigent defense in 2009.
My colleague Ken Armstrong has chronicled the experience of one overburdened defense lawyer who dealt with the executions of 2 clients over 2 months at the end of 2013. In a March 2015 letter to the Missouri Supreme Court, members of the American Bar Association Death Penalty Assessment Team wrote, “The current pace of executions is preventing counsel for the condemned from performing competently.”
“You live in a perpetual state of tension,” Pilate said, “thinking your client could be next.”
This state of affairs may not last. A pending lawsuit over the secrecy of the lethal injection drugs might force the state to divulge its source, allowing for more litigation that could lead to a slow-down. The Missouri Supreme Court will soon have a new chief justice. A future Republican governor or attorney general could follow the lead of Kasich or Huckabee. The defense bar may get more help from national anti-death penalty groups now that the state is ground zero. For now, though, as the death penalty declines nationally, Missouri is headed in the other direction.
Source: themarshallproject.org, August 31, 2015

Largest Dutch pension fund exits Mylan over death penalty concerns


The Dutch public employees’ pension fund, the world’s third largest, has sold all its shares in pharmaceuticals maker Mylan after it emerged that one of the company’s products is in stock at a U.S. prison where death sentences are carried out.
The move comes amid increasing pressure from European countries over continuing use of capital punishment in the United States.
European companies are barred from selling drugs for use in executions, forcing states that still impose the death penalty to scrabble for alternative substances, some of which have led to widely publicized and gruesome botched executions.
The move by ABP, which had $416 billion in assets in 2014 according to consultancy Towers Watson, is thought to have been followed by other Dutch pension funds. The Netherlands has the world’s largest pool of pension assets per capita, worth $1.2 trillion in 2012.
Harmen Geers, a spokesman for ABP, said the decision came after a nine-month dialog with the company failed to achieve a satisfactory result.
“As the Dutch government and Dutch society as a whole renounced the death penalty a long time ago, we do not want Dutch pension money to be involved in that,” he said.
The U.S.-based but Dutch-registered company has a declaration on its website saying its products are not designed or intended for use in executions, but Geers said Mylan could do more to police their use.
The U.S. state of Virginia confirmed in response to a freedom of information request in July that it held stocks of Rocuronium Bromide, a Mylan-made drug that can be used to kill people.
Geers said it was this information that led to the decision to sell its Mylan holdings in full. “We thought we have only one step left to show our disapproval,” he said.
ABP, the largest Dutch pension fund, held 9 million euros ($10 million) in the company before the divestment, down from 25 million euros last year when it first approached Mylan with its concerns.
Calls to Mylan were not immediately returned.
– Contact Mylan
Source: Reuters, August 31, 2015

Missouri executes Roderick Nunley 9:09 p.m


BONNE TERRE, Mo. (AP) – Missouri executed Tuesday evening Roderick Nunley for the kidnapping, rape and fatal stabbing of 15-year-old Ann Harrison in 1989.

Nunley was pronounced dead at 9:09 p.m., according to the Missouri Department of Corrections.

Roderick Nunley

9:09 p.m.

A man who spent nearly 25 years on Missouri’s death row has been executed for the kidnapping, rape and stabbing death of a 15-year-old Kansas City girl.

Fifty-year-old Roderick Nunley died by injection Tuesday night. Of 20 executions nationally in 2015, 10 have been in Texas and six in Missouri.

Ann Harrison was waiting for a school bus on her driveway, 20 yards from her front door, on March 22, 1989. Nunley and Michael Taylor drove by in a stolen car and abducted her. They took her to the home of Nunley’s mother where she was raped, sodomized and then fatally stabbed.

The girl’s body was found in the trunk of the abandoned car three days later.

Both men were sentenced to death in 1991. Taylor was executed last year.

___

5:30 p.m.

The U.S. Supreme Court says it won’t stop the scheduled execution of a man convicted in the 1989 kidnapping, rape and stabbing death of a 15-year-old girl in Kansas City.

The justices issued orders Tuesday evening denying a stay of execution for 50-year-old Roderick Nunley. He’s set to be executed at 6 p.m. Tuesday for the death of Ann Harrison.

Investigators say the girl was randomly targeted as she waited outside her home for the school bus. She was taken to a home, raped and fatally stabbed.

Nunley’s attorney had three appeals pending before the Supreme Court. One questioned the constitutionality of the death penalty Another argued Nunley should’ve been sentenced by a jury, not a judge.

A third took issue with Missouri’s process of secretly acquiring its execution drug.

___

1 a.m.

Missouri prison officials are preparing to execute a man convicted of killing a 15-year-old girl more than two decades ago in Kansas City.

Fifty-year-old Roderick Nunley is scheduled to be executed at 6 p.m. Tuesday for the kidnapping, rape and stabbing death of Ann Harrison. Investigators say the girl was randomly targeted while waiting in her driveway for the school bus on the morning of March 22, 1989.

Nunley’s co-defendant, Michael Taylor, also was convicted of first-degree murder. He was executed last year.

Nunley’s attorney has three appeals pending before the U.S. Supreme Court. One questions the constitutionality of the death penalty, while another argues that Nunley should’ve been sentenced by a jury, not a judge. An appeal filed Monday takes issues with Missouri’s process of secretly acquiring its execution drug.

Gov. Jay Nixon is also weighing a clemency petition.

___

 

Susan Sarandon Reads Richard Glossip’s Statement (via Sister Helen Prejean) on The Dr. Phil Show


Actress Susan Sarandon read this message from Richard Glossip on The Dr. Phil Show on Monday, August 31, 2015:

Mr. Van Treese’s death was a horrible thing, and something no family should have to go through. But I did not murder him. And yet that’s what the State of Oklahoma is going to do to me. I have to ask: How does murdering another innocent man make things better? I also have a family who should not have to suffer through that; they should not have to see their father, their brother, their uncle killed. That is not justice.

I have been fighting for my innocence for 18 years. I now understand how important my fight is, not just for myself but for everyone facing the death penalty for something they didn’t do. I’m not doing this for myself alone. I hope and pray that my eventual exoneration will help others, and that this country will finally realize just how broken our system is, and how easy it is to make mistakes. Let me be clear, I do not want to be a martyr — I want to live — but if the worst happens, I want my death not to be in vain. If my execution ensured no other innocent man was sent to the death chamber, I am prepared to die for that cause.

I have never been in trouble with the law in my life. I have worked hard. Paid my taxes. I was a good citizen and always tried to help others. Now I have gone from doing everything right to fighting for my life. I’m asking everyone to stand up and let their voices be heard. Go torichardeglossip.com and join this fight. Call Governor Fallin. We have to stand together to make a difference.

God bless you all, please know that I’m praying for you all.

Richard Glossip

http://drphil.com/shows/page/14006_GlossipStatement/

Susan Sarandon Fights To Save Death Row Inmate’s Life Days Before Execution


Just days before a death row inmate’s scheduled execution, Susan Sarandon makes an impassioned plea on Monday’s episode of Dr. Phil to save the life of Richard Glossip, who has been on Oklahoma’s death row for 17 years.

“I’m heartbroken for the state of our judicial system as much as I’m heartbroken for this man,” says the Academy Award®-winning actress. “Because of the color of your skin or how much money you have, you can’t get a decent shake. It shouldn’t be that way. This is America — we’re better than that.”

Glossip, 51, who is scheduled to be executed by lethal injection on Wednesday, September 16, was convicted in 1998 of first-degree murder of his boss, Barry Van Treese. Glossip maintains his innocence despite being convicted and sentenced to death by two juries.

Glossip’s Life Has Been Spared Before

When Dr. Phil asks Sarandon how she will feel if Glossip is not granted a stay of execution, Sarandon responds: “I’ll feel ashamed and sad for us all. Not just for him. I mean, it’s hard to even put an animal down, but to put a man down? It’s just not the way we should be living our lives. It’s just wrong.”

If Glossip is executed as planned, he’ll leave behind four children and two grandchildren.

Sarandon is joined on the show by Sister Helen Prejean, Glossip’s spiritual adviser and the author of Dead Man Walking, whose character was played by Sarandon in the 1995 film. Prejean and Sarandon are appealing to Oklahoma Governor Mary Fallin to grant a stay of execution based on what they call the mishandling of Glossip’s case and poor legal representation.

Prejean tells Dr. Phil about one of her conversations with Glossip earlier this year: “He goes, ‘Sister Helen, I hope you don’t mind … but I want to ask you to be with me if I’m executed.’ And I will not just walk with that man, and be his spiritual adviser and hold his hand while he dies. His dying is wrong. The totally inadequate defense and no forensic evidence — and on that Richard Glossip is sitting on death row.”

Dr. Phil responds: “Well, we know in the American legal system, there are different standards of proof … To deprive someone of their liberty in America, to deprive someone of their life in America, is and should be the highest standard you can possibly imagine. Where 12 people go in a room and there is nothing that reasonable people could disagree about. There’s no possible way they could say there’s an alternative explanation that could even be considered. And in this case, the two of you, just in the few minutes that I’m talking to you here, have presented half a dozen alternative explanations, motives, for why [the man who claimed that Glossip hired him to commit the murder] would say what he’s doing. The absence of proof that would at least be a shred of doubt. Is that not violating the moral code of beyond a reasonable doubt for taking a man’s liberty and life? Is that not?”

Prejean answers, “Of course, I wish you had been Richard’s lawyer.”

Tune in to this episode of Dr. Phil on Monday, August 31 to see why Sarandon is moved to tears by Glossip’s exclusive statement from death row about his impending execution