Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Moh


Now you are impressed ass****!!!!!

Monday, March 1, 2010
Death Watch Journal for Kevin Varga - DAY 19
Today's date is March 1st 2010, the only reason I even mention the date is to make a point about the indomitability of the human spirit. Tomorrow, a man is going to be murdered by the state of Texas, his name is Michael Sigala. On an occasion such as this it would seem that the atmosphere here would be a somber one, but that is not the case. These men are laughing and remembering the good times they have shared. I too have shared some of the times I remember with Sleepy (as he is known to us that know him). We make bonds here that are able to transcend racial and class lines. We are not unlike soldiers who have seen combat and come out alive. Yes there are horrific crimes that have been committed by men on the row. I do not wish to overlook these crimes and certainly not lose sight of the fact that the victims in each crime did not deserve their fate, but should we now be allowed to be murdered too? Yes the crimes are horrific and we deserve prison, but that is not the point that I wish you to see, tonight when you sit around your dinner table look at the members of your family and suppose one of them will be dead in less than 24 hours, do you think you could summon smiles and laughter? Would you instead break down into tears? Yes, death is a matter of sorrow, but for some reason we here, where death is the matter of the course, we instead look upon the good rather than the bad.

There are three more murders planned for the month of March. I have known many men that have been murdered since I came to death row, but this death is closer to me since I am days away from my own death. Each of us must face the uncertainty of death, it is how we choose to deal with it that shows the indominable spirit. I have been thinking all day today of the men who have sat in this cell to look into the abyss. Some of them were friends of mine. The one who stands prominent on that list is Clifford Kimmel aka "Woody". I met Woody days after coming to death row and we soon became friends. I considered him like a brother. His is the ONLY picture of another inmate that I have in my possession. He was executed and a small part of me died with him. Since coming to death watch I got out Woody's picture and hung it on my wall to remember him better. He is smiling with his wife Becky, whom he married while on death row. We can and do find love even under these conditions, Woody's character was one what would amaze many who did not know him. Any who knew him would have said that he was a kind and caring person who would give the shirt off his back to someone in need. His downfall however was drugs, he allowed drugs to cloud his mind until he killed to possess them. That is a common occurrence, sad as that is, but once he cleaned his system of those poisons he regretted what he had done. He admitted to his crime unlike many here who claim their innocence even in the face of the evidence against them. Woody showed me that a man can commit a horrible crime and then come to regret his actions. If a man such as that regrets, shouldn't he have been given a chance to be redeemed by society? Did he fail them or did society turn its back upon him? I do not have the wisdom to answer that question. Who among us does?

I was not able to talk to Woody as I am able to Sleepy on the eve of his murder. I consider Sleepy a friend and hope him a life after this one, whatever that may be. There are, counting myself, ten men left after tomorrow on death watch, we have become a close knit little community due to the shared experience of looking into the abyss, was it not Dante who said "When you stare into the abyss, the abyss stares back"? Well here I am staring and I have not felt anything staring back, yet. I feel though that as long as I am able to produce a smile then I have beat the reaper and even in my own death I will find solace and maybe even a modicum of peace.

So now I must leave you to whatever pleasure you are able to enjoy today, but please remember that here we fight not only to survive but more importantly to live.

Thank you every one of you who has taken your time to maybe give me a chance at redemption.

73 days to go.

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Tuesday, March 2, 2010
Death Watch Journal for Kevin Varga - DAY 20
I have seen the first man on death watch die today. The subdued attitude that one would have thought to be here yesterday is here today in full force. I know what my own thought is but what are the others thinking? For the first time since coming to death row I feel like that was me dying today, maybe because I have a date in a few short days has a lot to do with it. I mean, man... I just cannot write about this today I am sorry for those of you who are reading this. I guess that there will be times in the days to come where I am unable to summon words to express the immensity of this place.

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Wednesday, March 3, 2010
Death Watch Journal for Kevin Varga - DAY 21
I feel a little better today. To say that I have a "good" day while on death watch may shock some people, but this I would imagine just goes back to that indominitable spirit I spoke on a few days ago. I woke this morning feeling refreshed and ready to dace whatever Polunsky Unit had to throw at me. I have been thinking about my children and their possible visit tomorrow. To say that I am excited would be so an understatement! With thoughts of my children also comes thoughts of their mother, my first wife. I have spoken on Samantha a few times and thought I would share with you Nicole. As much as I love Samantha and wish she would come back to me, I love Nicole too.

When I first met Nicole she was still a child, NO! I am NOT a child molester! She was seventeen and living alone with a nine month old son. The first sight of her made my heart quicken. She is one of those women that just screams "sexy" I am not sure exactly what it is about her but she could walk into a room full of beautiful women and dominate that room. I cannot express properly her beauty. After dating her a month or so she had me wrapped around her finger. I would do ANYTHING she asked of me. In that short time I also fell in love with her son! I had never been a father before and that little boy stole my heart! We were happy to find out a few months into our relationship that she would have my son. For a few months we were the happiest family unit. Then we started to have problems. Nicole is a very jealous person and soon began to accuse me of cheating on her. I didn't find out till later that she had cheated on me, and so her accusations were because she felt guilty of her own infidelities. I began to think that is I was to be blamed for something that I may as well reap the benefits of it. Hindsight... not too good an idea. Suffice it to say that we both became so paranoid that our relationship began to deteriorate until all we did was fight and recall who had hurt who the most. I went back to prison for stealing $25,000 in money orders to go to Vegas and party. Not the smartest thing I have ever done. Then again, how many men can claim to have superior thinking when it comes to women?

The whole time I was in prison, all I thought about was coming home and being a family again. Then in May of '98 I got my wish, but soon again Nicole and I were fighting. This time though it was over her ongoing relationship with another man that she had been dating while I was in the Penn. Well now after all this time in prison again I still love her in my own way, she was my soul mate and when I see my sons I see her face in them, I still dream of her as I did when we were married. I guess it is true that love never really dies.

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Thursday, March 4, 2010
Death Watch Journal for Kevin Varga - DAY 22
Today is my birthday and I expected a visit with my mother and my sons, but they never came. I have not heard from my mom since before I told her that I had been scheduled an execution date.

I am not feeling like writing to you right now, but you have taken your time to read my thoughts in this difficult time and so I guess you are entitled to read the bad with the good and so I will tell you how I am feeling.

I feel abandoned all over again.

I have not told you about when my mother gave me away. I was ten years old and had been caught vandalizing a local store, namely spray painting something (I cannot remember what at this time) and this was just another example of my behavior and when the police brought me home to my mom she told them to keep me and she could no longer deal with me. I was taken to a family I had never met and told that I was to live with them now. I of course had other ideas and promptly left and hitch hiked the 30 miles home only to be told by my mother that I no longer lived there! I was sent to several different juvenile institutions for this. Now as I sit and write these words to you I feel like that ten-year-old boy with no family. We are not allowed phone calls here in Texas except for one every 90 days and I cannot make another call until April so I cant even call her to ask her why I am sitting here awaiting a visit that never came. I want to curl into a ball and cry but I know that this will not take away the pain of it not to mention that I have not cried in so long that I am not even sure that I have the ability to do so any longer. I don't want to make it seem that I am without emotion, because I am not. I just cannot cry anymore. I have cried too often in the past that my tears are gone. I cannot even cry for myself when I want to so badly. I will stop here before I am too depressed to write coherently. Thank you for the ability to express these thoughts.

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Friday, March 5, 2010
Death Watch Journal for Kevin Varga - DAY 23
Well it is early in the AM and I am still hoping to get a visit today, this will be the last day of the week to get one. I am not going to dwell upon that though, as I woke this morning with a bit of hope and it is too early to allow that hope to die. I still have not heard from my attorney even to tell me that I have a date! Again though I refuse to dwell upon the negative today.

What I did not tell you yesterday was that I had my meeting with the representative from the Board of Pardons and Paroles. I was lead to believe that this person would speak with me and then based upon this interview make a recommendation to the board, but this is not the case at all. The lady who spoke with me only makes a report with no recommendation for or against my receiving clemency. I will be writing to the board to ask them to grant me clemency in the event that I do not get a stay of execution. I would ask that each of you that feels strongly about it write to the governor to ask for clemency for me. I understand that you do not know me except through these journal entries, I welcome any of you to write to me to get to know the man before you write anything. I only tell you that I have not too many days to live if I am not granted a stay so time is of the essence.

I am sorry but I do not have much to speak of today. I guess I could tell you of the daily life that faces a man on death watch as opposed to what it is like to be just another death row inmate. I am thinking that some of you may think that they are the same but you'd be wrong. For the first thing they have us all live on one section. There are 14 cells per section on any DR section, 6 sections per pod. Now once a man is moved to death watch he is no longer allowed to even have his prison issued ID because he no longer has an identity as far as the officials here see it. He is no longer able to recreate outside of his section. Normally we are allowed to rec on any section as long as that rec dayroom is available the given hours we request it. No "regular" DR inmates are allowed into this section. I feel like a leper from the Old Testament. We are isolated to such a degree that before long we even start to look upon ourselves as being different. You recall my first day over here, I spoke of these men as "them" now it is "we" and I associate with them and not with those others who have not shared in this. The officers also treat us differently, only they treat is like terminally ill men. I suppose in a way what we have is terminal.

I look at the world so much differently now. When you have mere days to live things take on a new meaning. I count my life in days rather than say, oh I'll get to it something, I do it as soon as I think about it because time is so short. Another weird thing is that I don't seem to sleep as I used to. I have not slept for more than a four hour period since getting my date. Time seems so important to me that I don't wish to miss anything and I believe my subconscious has picked up on it. Things that a few months ago seemed so important to me have lost their appeal. I am focused upon the fight for my life that nothing else seems to matter any longer.

I leave you with this thought. Think about if you were told that you'd be dead in 70 days, how would you like to spend that time? I wish that you'd decide to love and be content. May your days be filled with happiness.

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Saturday, March 6, 2010
Death Watch Journal for Kevin Varga - DAY 24
I am really falling into a depressive state. It is not solely because of the date, though that certainly is a contributing factor. I never got the visit I was expecting from my mother and sons. I have been long periods without visits with them since coming to death row as they live in South Dakota and I am of course in Texas. Now however that I have this execution date I am feeling their absence keenly and I, as I stated previously am feeling abandoned once more. I can tell you though about one person who despite my stupidity has never abandoned me. This person had every right to go on about her life and forget about me. I decided to stop writing her because of Samantha. I foolishly wasted my time when in the end Samantha too abandoned me like most every person who I have placed my trust in. The person I am speaking of is a special person who has my heart, my trust, my loyalty and most important to me she has my respect. Her name is Stefania Silva and she lives in Italy. I want to tell the world that she is the single, most dedicated person in my life as far as the fight to save my life goes. Where is Samantha, you know the woman who claimed she would love me for eternity? I still love her and I will never deny my love for her. I love Stefania as well, my love for her though has taken longer to develop. I have known Stefi for longer than I knew Sammy J. I just feel that you have a right to know that even though my family and my so-called wife have left me to my fate, I have one person that has and shall remain as constant as the tides.

As I type this journal I have run the gambit of emotions and I am sure that before it is all said and done I will once more. I am sure that most every one of you that read these words may doubt what I am about to say, but please believe me when I tell you, because I wish to paint as accurate a picture of this place as possible I am sure that others in my position could and would use the space Thomas has allotted me to speak lies to ensure that the public at large would support their cause. I feel that those who wish to take an active role in the fight to save my life will do so, and lied will serve me not. That being said, the people here on death row are generally happy and at any given time you can hear laughter ring out of the cells that surround us. Most when they picture prison, they picture the dark and dank dungeons of yore, but this does not hold true in the modern world of gaols. No gone are the torture chambers and the black cell that would drive the inhabitant to mental instability, to be replaced by cells that by comparison are quite nice. I mean even though Texas doesn't allow televisions to death row inmates we have radios and we are allowed to play games, There is laughter here, yes even here where we must face the death of men we have come to love as brothers, we can laugh.

I tell you all this only to illustrate that my depressive state is NOT normal for me. Any one who spends even a fraction of time with me will come to realize that I enjoy laughter to anger, sorrow or apathy. But I am finding it harder as each day passes to summon those smiles.

How many days to live?

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Sunday, March 7, 2010
Death Watch Journal for Kevin Varga - DAY 25
I am not sure exactly how the human mind works, but I have been hearing, as I believe we all have at one point or another, about the psychic capacity or potential I guess would be a better term. However we look at these things, at times we have all experienced this, you will be thinking of someone and they will call you. So I was writing about my miseries in yesterday's journal and I went to sleep thinking that I had few people that truly cared whether or not I lived or died. Well I was awoken by the officer passing out the mail. I got in the mail an e-mail (JPay) letter from Thomas' friend Tracey. She sent along the comments that some of you have made about this journal. I was moved to tears, and as any of you that been following my words know that I am not a person that cries easily. I am not a religious person, I prefer to think of myself as a spiritualist, I believe in the trinity and that I will go on to heaven if God forgives the sins I commit, but when I read that you people out there are not only listening to me but are actually willing to help me stay alive, I prayed a prayer of thanksgiving to God. I thank all of you that are willing to write letters to help save me. What can I say that will show my appreciation? I guess I could reply on simplicity and say, Thank you, thank you for caring, for loving another human whom you've never met, who has never claimed to be an angel, I have been many things but never that. Thank you I believe mostly for the trust and belief you have in my ability to contribute to society. You will, I hope, never find out what it feels like to be called utterly worthless, knowing full well that you can be a productive member of society. The fact that a small group of people almost a decade ago said exactly this to me has had an impact upon the way I look at myself. I mean sure I have tried to deny their assessment of me, but always there would be a small, almost insignificant voice that would whisper, "maybe..." To have my self worth affirmed by you is as great a gift for me as freedom, well okay, maybe not that much, but seriously it is a great thing to know that someone can see me as having potential again.

I close today with each of you on my mind and renewed hope in my fellow man. I mean if you guys are having faith in me, should I not too have some faith that there is a humane spirit with the state of Texas' powers that be and I will be given a change to live. I will trade the prospect of death for even a life within the confines of prison. Who knows what a man, even one who must spend his days in a cage, is capable of? I could grow wings and fly chained to the earth as I am I too could soar through the ether. You people have given me new hope.

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Monday, March 8, 2010
Death Watch Journal for Kevin Varga - DAY 26
I am still working to fix the trans-warp drive to enable me to return to Ramosia but in the mean time I have decided to study the local life forms I have come into contact with. I have built a crude blind that seems to have effectively foiled these primitive people that call themselves "Texans". I have a rude understanding of their language. By Ramosian standards these people live no better than animals and as such are cruel and kind by turns, I feel they live more by instinct than any true form of higher understanding of what it is to be an intelligent and productive member of the universe at large, but as with so many primitive peoples we have come into contact with, there should always be hope that they'll learn to become what we consider sophisticated. I have found however that they still practice capital punishment! I cannot fathom placing the stigma of death upon any crime. How can we as an intelligent race allow this to continue? I know that we are not to interfere, but I think that only applies to the military and since all of the military personnel were killed by the burst of radiation that damaged the trans-warp drive, I feel comfortable enough to attempt to change this vile and ultimately self defeating act of capital punishment...

Sorry people, I just felt like a bit of fantasy today to mix it up. I feel that the heavy and depressing topic of my impending death in a few short weeks is a bit much for me today. I will return tomorrow though.

I again wish to thank all the people who are reading this and lending me their support. I cannot begin to express the way I feel from learning that I can make a difference. I hope that I am alive to see the change but I feel that the struggle MUST go on. I know that there are those who will continue the fight, these are the staunch proponents against the death penalty, those are NOT the people to whom I direct my comment but to those of you who are really undecided. Think about my little foray into fantasy, what will people that consider themselves to be of higher intelligence think of us humans when they discover that we practice capital punishment upon another intelligent individual? I ask this because unbeknownst to most of you out there. Texas has a law, or maybe it is a federal law that states a mentally retarded person is exempt from being executed. Should we not attempt to also save those with even a modicum of intelligence? Who knows what these men, myself included, are capable of if given half the chance? Think about it.

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Tuesday, March 9, 2010
Death Watch Journal for Kevin Varga - DAY 27
I received a letter from my mother, brother and sons last night. The one from my mother spoke of wishes for a visit, but lacking the funds to do so at this time. I think that she wants to wait and see what happens before spending the money to come, only to be forced to spend more money than she can afford to come back down in May. She hates coming here, when she lived here in Texas she would come as often as she could make herself. I wish she's have come every week but can understand that seeing me in that box just reaffirms what I am here to die. I have caused her such pain by my actions, actions that have sent me to prison and away from her and my family.

The letters from my sons were as different as they are from one another. My oldest spoke of the May visit but not much else, he has so many anger issues at my leaving him without a father which I can understand as I too was in that unenviable position of growing up without a father. We tell ourselves that we are not going to repeat the sins of our fathers, well sometimes that is much easier said than done. The letter from my younger son was most inspiring to me. He told me a lie that was one of the most well intended lies I have ever been told. He told me that he had no regret at having to grow up without me there. I could love him for those words alone.

My brother's letter was the hardest to read. After our brother Richard was shot and killed my brother Sean became my best friend. Prior to Rich's death, Sean and I could not be in the same room for more than a few moments without fighting either verbally or physically. Then when we became the closest of friends, I found that we are so much alike that it is scary at times. All three of us could have passed for triplets, so now in my late teens many people mistook us for twins. While I was serving my time for the robbery I wrote about a few days ago, Sean began an affair with Nicole my wife! The entire family hid this fact from me for quite some time. Now on the eve of my murder he wishes for my forgiveness. I find myself wanting to not forgive him, but in a very nasty letter written only moments before starting this journal entry, I gave him that forgiveness but I also gave him the full brunt of my anger.

All my life I have bottled up my anger and it has lead to some unfortunate incidents where I would scream at the smallest provocation, many times directing an over amount of anger at someone who frankly did not deserve such. This time though I decided to speak my mind and tell him that while he had the forgiveness for his betrayal he does not have my understanding. He has my anger. I want none of his false support. I have been on death row for almost a decade and he came to Texas once, only he did not come exclusively to see me. His girlfriend at that time had taken a strippers job in Galveston and well two birds with one stone. I find it morbidly humorous to see all the people that wish to wish me luck with my death when I struggled for some time without their help the entire time I have been here, now that I have a date, they are here for me! I could have used this support when I got here. My mother was here until the coming here became too much for her to bear, then she went back to South Dakota to be close to her grandchildren, who in my opinion needed her more than I did at the time.

I am of two minds now that I sit here writing this, should I make amends with Sean and die (if it comes to that) knowing that he and I are "good"? Or should I leave it like this? I went as far as to say that need not bother coming down here if it appears I will be murdered. I do not wish to look upon his or Nicole's faces ever again. I have resigned myself to the fact that I cannot count upon certain people.

I will write again tomorrow.

May you all know peace with one another. Know that I am thankful for the letters I have received from some of you that have been following this. I also with you to know that I am trying to answer all of them but I have only so much time and am being run ragged here lately so if you have written and not by this time gotten a response it is NOT because I am indifferent, but have a lack of time. I continue to be grateful for any and all supporting words and for those of you who have written for clemency on my behalf. I ask this of you though, if each of you could ask one or two friends to also write something for me, I believe in my soul that you people have the power to change things. Even if you fail to change the governor's mind and I am murdered, please do not give up hope, find another person here on the row who can be saved.

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Wednesday, March 10, 2010
Death Watch Journal for Kevin Varga - DAY 28
Tomorrow yet another man is to die. His name is Joshua "Moe" Maxwell. I want everyone to know these men I am being forced to become close to only to watch them fall, one by one, to the unrelenting and unremorseful state of Texas. It is stated that when a man is in trial that defendant so and so never showed an ounce of remorse as he sat and listened to the accounts of the brutal crime for which he has been accused, I ask then should not the state also show remorse for the killing of a man, no matter the crime he has been convicted of? Is the state of Texas exempt from remorse? I will not require an answer to that, as we all know the truth behind it. I however will speak now about Moe.

He has twenty-four hours to live, as I am writing this at 6.07pm. He seems upbeat for the most part. He is my neighbor and has chosen to spend a few hours right now writing to his children. He, like so many parents, has an unconditional love for and of his children. I have been privy to accounts of his last visits since Monday. He has a daughter who I call Jamie Lynn, because she has an uncanny resemblance to Britney Spears' little sister, whom Moe seems to dote upon. His son seems to me to be a trooper and someone who is mature beyond his years, then again, this place ages everyone that is exposed to it. Moe is a more reserved person than Sleepy was and so chooses to spend this last day in reflection and not reliving the good and or bad times as did Sleepy. Each of us faces this in his own way, none id better nor worse. I cannot imagine what it is to know that when the sun sets tomorrow I will no longer breathe. I can only hope that when my time comes, whether it be in sixty odd days or sixty years, I will go one to the next live, or oblivion with even a modicum of the grace that I see from Moe.

I never really knew Moe until I came to death watch. I of course knew who he was and had a respect for him, not only because like myself he is from the north and has found himself on Texas' death row but also because he always seemed to be an upstanding convict, which is not always the case. It is quite disconcerting how fast someone here on death watch can become close to another, I think it is the shared tragedy of this place or maybe that we are able to speak to others who are about to die and who understand what we are going through. We are unable to speak about certain things even with our closest friends and loved ones because we try to be strong for their benefit. I hope that Moe finds the peace he has been denied while on the row. I will remember him if he is taken from us tomorrow. I wish his family well. Please pray not only for him, but the family he leaves behind. He himself is not a religious man but that doesn't mean he wont appreciate those prayers from those of you who are of the praying mindset, I will be praying myself tomorrow when the clock strikes the hour of six... 64 days to live.

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Thursday, March 11, 2010
Death Watch Journal for Kevin Varga - DAY 29
Today's entry will be a poem I write recently. I had just found out that the Supreme Court had denied my case and I wad expected to receive a date any day. It was two weeks later that I was scheduled to die on May 12th. I hope the images I conjure with my words will not offend anyone. I merely wish to convey to you the feelings that came over me as I sat and contemplated what was to come next for me. I have always dabbled in poetry, I am not sure if I am any good at it, but then I would never have thought that so many people would read what I had to say here in this forum. I have been proven wrong on that account. Then again, it may turn some people away; I hope that it does not though. The poem is untitled.

As I sit in the death box and watch the sands of time fall,
how can I perceive of anything remotely resembling life?
With ghoulish glee those who warden my existence
strap others down to sink their venomous fangs in those prone forms.
Hearts flutter with fear and anxiety as each binding draws tight,
once a proud individual now reduced to quivering fear.
What comes next? Oblivion or eternal damnation,
Either way I must face the ferryman,
pay his toll and step to the bow as I watch reality fade
as the stench of the river Styx fills my head.
Breathe deeply of death as it is now "ALL",
reduced to nothing,
my once life is but a passing memory.
Before me stand those gates, gold?
Now that I can see them clearly, I realize they are not tarnished gold,
but built of misery, pain and degradation.
To pass beyond their thresh-hold will test my sanity,
death's embrace, cold and bitter,
yet to feel fear is better than emptiness.

I hope that you can see that my feelings sometimes run into the dark places where we seldom wish to go, but if you are honest with yourself you too will admit that you have visited those places within yourself. This does not mean that you are yourself "dark", only that you are able to see that in those dark recesses of your mind you can sometimes find a little bit of light to guide you9 through and you can then appreciate that light a little better for having experienced that darkness. I truly hope that you can understand me better for having seen into one of my dark places.

I again thank those of you who sent letters. I have received more this evening. I enjoy reading them and as I have stated will try to answer them, I only ask your patience as I am writing more here in these last days than in all my years on the row. I can say honestly that it has helped focus my mind to fight to live! Thank you all.

Kevin Varga 999368
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351



What's the point of posting all of that?
Despite the hearing, he's potentially not that far away from exhausting his appeals. Apropos, does anyone know what's going on with the federal lethal-injection litigation? There's a veritable dearth of information on it to be found on the internet.
Death row inmate accused of attacking guard

By Pat Eaton-Robb
Associated Press Writer / March 29, 2010

HARTFORD, Conn.--A death row inmate armed with a bottle of feces, urine and hot sauce attacked a guard Monday inside Connecticut's highest security prison, correction officials said.

The Northern Correctional Institution was locked down after the inmate, identified by a state lawmaker as Daniel Webb, punched a captain in the head just before 10:30 a.m. inside the Northern Correctional Institution, said Brian Garnett, a department spokesman.

Garnett refused to identify the inmate, but state Rep. Karen Jarmoc, D-Enfield, who served as chair of a task force on safety issues in the prisons, said she was notified that it was Daniel Webb, a 47-year-old awaiting execution for the 1989 murder of bank executive Diane Gellenbeck in Hartford.

"This is what the correctional staff calls a Pearl Harbor attack," Jarmoc said. "That means the inmate, unprompted, attacked the captain, just pounding him in the head."

Garnett declined to give details of the attack, but a department official with direct knowledge of the incident said Webb was being escorted from the prison library to his cell when he "sucker punched" the captain at least twice in the face.

Staff later found a spray bottle containing feces, urine and hot sauce inside Webb's prison jump suit, according to the official, who declined to be identified because he is not authorized to discuss the subject of an ongoing criminal investigation.

Inmates are allowed to buy hot sauce from the prison commissary, he said.

Webb was not in handcuffs or shackles at the time, and death-row prisoners are not required to be restrained during routine escorts, the official said.

Webb had threatened the captain before, and had been upset over what he and other death row inmates perceive as an unfair lack of privileges on death row, the official said.

Garnett said four other staff members were injured while subduing Webb. All five staff members were taken to outside medical facilities for evaluation. None of the injuries appeared to be serious, officials said.

"The injuries included injuries to the shoulders, back, hands and those sorts of things," Garnett said. "State police have been notified, and we will seek outside charges."

Jarmoc said a legislative subcommittee has been working to come up with measures to keep guards safer and provide more consequences for inmates who attack prison staff.

"There is not a whole lot holding them back from doing this type of thing," she said. "In the case of Daniel Webb, the guy's on death row, you can't add on to a death sentence. But, do you make his life more miserable within that facility?"
He actually bears quite a resemblance to Curtis Mayfield.
Court hears appeal for Va.'s only female death row inmate
Published: March 23, 2010

RICHMOND, Va. -- Teresa Wilson Lewis, the only woman on Virginia's death row, argued her case before a three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals today.
Lewis, 40, was sentenced to death for hiring two men to kill her husband, Julian Clifton Lewis Jr., and her stepson, Charles J. Lewis, in their Pittsylvania County trailer the night of Oct. 30, 2002.
The two killers, Matthew Jessee Shallenberger, 29, and his former roommate, Rodney Lamont Fuller, 27, were sentenced to life terms. Lewis, who was after her stepson's life insurance money and her husband's estate, was deemed the "mastermind."
Her current lawyers contend a personality disorder, low intelligence and drug addiction prevented her from being a mastermind. They argue her trial lawyers did not look into or present evidence that might have spared her life.
"Trial counsel failed completely to investigate obvious leads," James E. Rocap III, one of Lewis's lawyers told the panel. As a result, they failed to present, "powerful evidence she was a strong candidate for the court's mercy."
The evidence would show Lewis could not have acted with requisite "depravity of mind," much less as a mastermind, they said.
The Virginia Attorney General's Office counters that the U.S. District Court judge correctly dismissed Lewis' arguments. During her appeal in state court, a four-day evidentiary hearing failed to prove her claims, which were also rejected by the Virginia Supreme Court.
Judge J. Harvie Wilkinson III, noted that she used sexual favors to induce the two men to help her, stood by as her husband and stepson were killed, rummaged through her husband's pockets for money after he was shot and waited an hour before calling for help.
"I don't understand why . . . a state court judge would be clearly unreasonable in finding this course of conduct was depraved," said Wilkinson. The conduct was depraved, agreed Rocap, but not her mind.
Katherine B. Burnett, with the Virginia Attorney General's Office, told the panel that any psychological, cognitive or physical problem Lewis might have could not "mitigate [her] carefully calculated conduct. It's the facts that kill [her] claims."
"It was Lewis who came up with the plot," said Burnett.
Unfortunately, Judge Gregory  has lately been emerging as a consistent vote against death sentences.
How utterly predictable of Mike Farrell to compare the death penalty for aggravated murder to Nazism.
Prosecutorial misconduct case against York-Poquoson commonwealth's attorney moves forward

By Jon Cawley
March 6, 2010

York-Poquoson Commonwealth's Attorney Eileen Addison and Newport News attorney Cathy Krinick will face Virginia State Bar misconduct hearings regarding the 1998 capital murder trial of Daryl Atkins.

The State Bar's Sixth District Subcommittee met on Dec. 4 regarding allegations of misconduct against Addison and Krinick and certified those complaints to the Virginia State Bar Disciplinary Board. The committee's findings were mailed to Addison and Krinick on Feb. 11.

The misconduct complaints were filed by Atkins' attorney, George Rogers III, and, according to bar documents, stemmed from attorney Leslie Smith's accusation that Addison and Krinick withheld information in the case of co-defendants Atkins and William Jones, who were charged with the August 1996 abduction, robbery and murder by firearm of Eric Nesbitt, a Langley Air Force airman.

Smith was Jones' attorney in the case. Krinick is a former York prosecutor who was in private practice but was assisting Addison in the case, according to State Bar documents and Addison.

Atkins was eventually convicted and sentenced to death for being the triggerman in Nesbitt's death. Jones testified against Atkins and was sentenced to life in prison plus three years for his role in the crime.

In 2002, Atkins' death penalty case received national attention when it came before the U.S. Supreme Court and resulted in a landmark ruling that executing the mentally retarded is unconstitutional.

Barbara Lanier, the clerk of the bar's disciplinary system, said both Addison and Krinick have requested that their misconduct hearings take place in circuit court before a three-judge panel. Nothing has been scheduled yet, and Lanier said she does not know in which circuit court the hearings would be held.

According to State Bar documents, Smith contends that Addison and Krinick coached his client during a pretrial meeting to make his testimony better conform to physical evidence in the case and withheld related information from Atkins' defense attorney regarding a re-enactment of the crime and drawings that were made while a tape recorder was turned off.

After the meeting, Smith was concerned about Addison and Krinick's conduct and notified Jones' lead attorney, Timothy Clancy, the same day. At that time, Smith was told by the State Bar's ethics department that he could not disclose his concerns "due to his obligation to his client," the bar documents state.

In 2007, Smith again contacted the bar. On two dates, in December 2007 and January 2008, the late Circuit Court Judge Prentis Smiley Jr. heard evidence in the matter of the lawyer's accusations and ultimately commuted Atkins' sentence from death to life imprisonment as a result. The Virginia Supreme Court upheld Smiley's ruling last June.

Reached Friday, Addison said she looks forward to a hearing to settle the matter, which has been in the bar's hands for more than two years. In the meantime, Addison said she would continue in her normal capacity as commonwealth's attorney.

"I adamantly deny anything was withheld," Addison said. "Atkins' attorney had everything. He knew everything that went on in that room."

An attempt to reach Krinick on Friday was unsuccessful. Atkins' father, Phillip Atkins, said Friday that he is aware of the pending misconduct proceedings, but he refused to discuss anything regarding his son or the case.

On Friday, the Southern Christian Leadership Conference cited the misconduct allegations against Addison in calling for her resignation and further investigation of the York-Poquoson Commonwealth's Attorney's Office.

In its certification, the bar subcommittee concluded that Addison and Krinick's conduct "constitutes misconduct" in violation of eight provisions of the bar's disciplinary rules.

The bar documents cited stipulations in the rules that lawyers not commit a crime or other deliberately wrongful act; engage in conduct involving dishonesty, fraud, deceit or misrepresentations; conceal or fail to disclose that which is required by law; knowingly use perjured testimony or false evidence; or participate in the creation or preservation of evidence that is known to be false.

Further, sections stating that lawyers should reveal fraud committed by someone other than his client, should not disregard a standing rule and make timely disclosures of evidence to the defense that "tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment" were also cited in the subcommittee certification.

In the event of a finding against Addison and Krinick, the disciplinary board -- or a three-judge circuit court panel if that is the case -- has the power to hand down punishments ranging from a public reprimand to license revocation, Lanier said.

Local case resulted in landmark ruling
Daryl Atkins, right, was convicted and sentenced to death for the killing of Eric Nesbitt, a Langley Air Force airman. Atkins' case got national attention when it came before the U.S. Supreme Court and resulted in a landmark ruling that executing the mentally retarded is unconstitutional. York-Poquoson Commonwealth's Attorney Eileen Addison, left, denies accusations she withheld evidence during Atkins' 1998 trial.

What's next?
Hearings for Eileen Addison and Cathy Krinick will be held in circuit court. Nothing has been scheduled yet, and it is not known in which of the region's circuit courts the hearings will be held.,0,2755934.story
I do appreciate that Governor McDonnell has decided to make clemency decisions at least five days before scheduled executions. It's certainly quite considerate as regards the victim(s) and condemned's loved ones.
Great research!
Here is a list I've compiled working from the Florida Commission on Capital Cases website showing all the inmates whose appeals have seemingly been exhausted (if my compilation's correct, there are 30 such inmates). All those listed have lost their federal habeas appeals in the 11th Circuit and have subsequently been denied certiorari. I've put the inmates in chronological order according to when the US Supreme Court denied their cert petitions.

Daniel Doyle                      10/21/91
Gary Alvord                       5/18/98
Douglas Meeks                  2/20/01
Paul Howell                       1/9/06
Guy Gamble                      10/30/06
Dominick Occhicone           1/8/07
Gary Lawrence                  2/20/07
Charles Foster                   2/26/07
Oba Chandler                     5/14/07
Manuel Valle                     10/1/07
Loran Cole                        1/7/08
William Van Poyck             1/7/08
Ian Lightbourne                5/19/08
Robert Patton                   6/16/08
Konstantinos Fotopoulos   10/6/08
Robert Hendrix                 11/3/08
John Freeman                  1/12/09
David Gore                       5/18/09
Jose Jimenez                    6/22/09
Peter Ventura                   6/22/09
Robin  Archer                   10/5/09
Jeffrey Atwater                 10/5/09
Bruce Pace                       10/5/09
William Kelley                   10/13/09
Elmer Carroll                    11/2/09
Patrick Hannon                 11/2/09
Darius Kimbrough             11/9/09
Noel Dourbal                     11/16/09
Anthony LaMarca              11/30/09
Duane Owen                     1/19/10
Lenard Philmore                3/22/10
The quote below is from Florida death-row inmate William Van Poyck's February 16, 2010 blog entry.

"There are about 40 guys (my rough estimate - I could be off by 10 or more guys) eligible to have their death warrants signed, with me being squarely in that group (at least for now), and the governor's selection process is totally arbitrary and capricious.  Gov. Crist can pick and choose whoever he wants, at any time, for any reason, or, he can pick nobody at all."

Fact 1: Drug overdoses hurt.  Some drug overdoses - like acetaminophen, for example - hurt like shit.

Fact 2: Reynolds will be executed in just under seven days.

I realise that he will have invariably put Mrs Foster's family through hell, but he has done the same to himself.  He has dragged the process out much longer than was necessary.  Although I can't truly put myself in his position, I cannot imagine that an extra seven days was worth all of this suffering.  Indeed, I suspect that he meant to kill himself, but just didn't have access to the drugs or dosage (or medical knowledge) necessary.  If you want to look at it from a penological perspective, I believe he has put himself through extra punishment that the State of Ohio does not possess the capabilities to exact.  And it also means that we will have a doubleheader on 16 March (with Jack Jones of Arkansas).

Next week will arrive quickly for him.  Now he starts the countdown all over again.  To quote our esteemed Belgian news aggregator: Tic toc, tic toc...

That's putting things in their proper perspective.