Washington Death Penalty News

Started by Guest, April 08, 2006, 11:23:07 AM

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JTiscool

What happened to the cop killer on New Hampsire's death row? I was sure NH had someone sentenced to death. ???
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

Rick4404


What happened to the cop killer on New Hampsire's death row? I was sure NH had someone sentenced to death. ???

Michael "Stix" Kiser Addison is currently the only inamte in New Hampshire presently under a sentence of death. He was convicted of capital murder for shooting an on-duty police officer on October 16, 2006.  He was convicted and sentenced in  December of 2008. This means he still has plenty of avenues of appeals left to him, so it will likely be at least 10-15 more years before he even comes close to an execution date. New Hampshire has no working execution chamber. Since 1868, executions have taken place at the New Hampshire State Prison for Men in Concord. Hanging is the method of execution historically used in the state. Lethal Injection is currently the primary legal form of execution, though hanging can be utilized if lethal injection is determined to be "impractical to carry out the punishment of death." Capital murder is the only crime for which the death penalty can be imposed in the state. Since 1734, twenty-four people have been executed, with the last execution carried out in 1939.


JTiscool



What happened to the cop killer on New Hampsire's death row? I was sure NH had someone sentenced to death. ???

Michael "Stix" Kiser Addison is currently the only inamte in New Hampshire presently under a sentence of death. He was convicted of capital murder for shooting an on-duty police officer on October 16, 2006.  He was convicted and sentenced in  December of 2008. This means he still has plenty of avenues of appeals left to him, so it will likely be at least 10-15 more years before he even comes close to an execution date. New Hampshire has no working execution chamber. Since 1868, executions have taken place at the New Hampshire State Prison for Men in Concord. Hanging is the method of execution historically used in the state. Lethal Injection is currently the primary legal form of execution, though hanging can be utilized if lethal injection is determined to be "impractical to carry out the punishment of death." Capital murder is the only crime for which the death penalty can be imposed in the state. Since 1734, twenty-four people have been executed, with the last execution carried out in 1939.


Alright. Thanks for the clarification  :)

Does N.H. have a decent track record at going through with death sentences? (prior to Kiser of course).
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

turboprinz

Byron Scherf gets death penalty for corrections officer murder
May 15, 2013

A judge has sentenced convicted rapist and murderer Byron Scherf to death after a jury ruled him eligible Wednesday morning.

Scherf admitted to strangling corrections officer Jayme Biendl in the Chapel of the Monroe Correctional Complex in January 2011.

"I've been waiting 137 days exactly to hear those words that he's got the death penalty," Biendl's sister, Lisa Hamm, told reporters outside the Everett courtroom. "I'm going to continue to count until he's finally dead."

"It's been terrible, you can't sleep, you got nightmares," said Biendl's father, James Hamm. "It's over with and I'm glad."

Scherf has refused to explain what Biendl said to him to set him off, but said it was the final straw "of years and years of crap."

The former prison superintendent had described the new restrictions Scherf would endure if the jury gave him life in prison.

The defense argued that security failures at the Monroe prison that led to discipline and several firings, might have contributed to the murder of Biendl in January 2011.

A judge will make a final ruling at 1 p.m.

It's the first death sentence recommended since April, 2010. Connor Michael Schierman was convicted of four counts of aggravated first degree murder for the deaths of Olga Milkin, her two sons, and sister.

A jury handed down a death sentence in June 2012, but it was a reissued conviction for the rape and murder of 43-year-old Geneine Harshfield. Allen Eugene Gregory was first convicted in May 2001, but the case was overturned five years later.

http://mynorthwest.com/11/2274811/Jury-reaches-a-verdict-in-the-Byron-Scherf-murder-trial
I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

JTiscool

they need to start carrying out the sentences asap.
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

turboprinz

Death row inmate loses another appeal
As of Friday, January 24, 2014

WALLA WALLA -- The state's longest-serving death row inmate has lost his latest court appeal.

#The Washington Supreme Court Thursday rejected a petition by Jonathan Lee Gentry to overturn his conviction.

#Gentry, 58, has been on death row at Washington State Penitentiary since 1991 after being convicted of killing a 12-year-old girl in Bremerton.

#His latest appeal argued that a 2011 decision by the state Supreme Court should be applied to his case. That decision, State v. Monday, ruled that when a party shows prosecutorial misconduct based on racial bias, it is the state's burden to show "harmlessness beyond a reasonable doubt."

#In his appeal, Gentry claimed the prosecution engaged in race-based misconduct in five instances during his trial that tainted his conviction. Gentry is black.

#The court, however, ruled that the 2011 decision could not be retroactively applied to his 20-year-old case. Furthermore, even if Gentry's claims were not procedurally barred, the court ruled they would still fail because he could not demonstrate prejudice that would merit an appeal.

#"The one clear instance of race-based improper conduct on the part of the prosecution occurred outside the knowledge of the jury and could not have affected the outcome at trial," the court said in its majority opinion.

#Justice Charles Wiggins issued a partial dissent in the case.

#Janelle Guthrie, spokeswoman for state Attorney General Bob Ferguson, said Gentry's stay of execution issued by the court will remain in effect until at least Feb. 12 unless a motion for reconsideration is filed.

#A separate stay of execution in federal court has also not been officially vacated.

#Gentry is one of nine people, all men, sentenced to die in Washington. All are held at the penitentiary, where executions are carried out.

#The last execution in the state was Cal Coburn Brown, who was put to death by lethal injection in 2010 for the murder of 22-year old Holly Washa in Seatac.

http://union-bulletin.com/news/2014/jan/24/death-row-inmate-loses-another-appeal/
I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

turboprinz

Executions Are Suspended by Governor in Washington
FEB. 11, 2014

The governor of Washington, Jay Inslee, announced Tuesday that no executions would take place in the state while he remained in office, despite the fact that the death penalty was legal there.

Citing "problems that exist in our capital punishment system," Mr. Inslee, a Democrat, said he would issue a reprieve in any death penalty case that crossed his desk, though he would not let any death row prisoners go free. A future governor could reverse this action, he noted, and order an execution to be carried out.

The move makes Washington the latest in a series of states to step away from capital punishment and makes Mr. Inslee the third Democratic governor in recent years to say something similar. Gov. John Kitzhaber of Oregon announced in 2011 that he would not permit any executions on his watch, and last year Gov. John W. Hickenlooper of Colorado issued an indefinite reprieve in the only death penalty case during his tenure.

The death penalty is legal in a majority of states, although 18 states have outlawed it, including six that have done so in the last six years. For governors who oppose the death penalty, refusing to order executions may be an easier way to make a point than to try to reverse a law.

"There are too many flaws in the system," Mr. Inslee said on Tuesday. He noted that since the state's current capital punishment laws were enacted in 1981, more than half of the 32 death sentences imposed in Washington had been overturned. "And when the ultimate decision is death, there is too much at stake to accept an imperfect system."

He added, "With my action today, I expect Washington State will join a growing national conversation about capital punishment."

Nationwide, both death sentences and executions are down more than 60 percent from peaks in the 1990s, according to the Death Penalty Information Center, a nonprofit clearinghouse in Washington, D.C. Questions about lethal injection methods have delayed executions in several states recently. Two methods of execution are legal in Washington: lethal injection and hanging.

Richard Dieter, executive director of the Death Penalty Information Center, said that both the dwindling number of executions and the actions by individual states and governors signaled a shift.

"The fact that governors can now stand up and say these things, when they used to get pilloried, is a sign of the changing views on the death penalty," Mr. Dieter said.

Nine men are on death row in Washington, though the state has executed only one inmate since 2001. Recently a federal court lifted a stay on the execution of Jonathan Lee Gentry, who is on death row for a 1988 murder.

Jay Rodne, the ranking Republican on the Washington House of Representatives' Judiciary Committee, criticized Mr. Inslee's announcement, saying that it came "out of the blue" and that the governor was taking into his own hands a matter that should be left to lawmakers.

"If there is support for abolition of the death penalty in Washington, then let's have hearings and let's have a vote," Mr. Rodne said.

"I think this is cruel to families of the victims," he added. "Justice should not be, basically, put on hiatus."

Though Mr. Inslee had previously supported the death penalty, he said, "My responsibilities as governor have led me to re-evaluate that position." He mentioned the costs that taxpayers incurred in death penalty cases, which can wind through the court system for decades.

http://www.nytimes.com/2014/02/12/us/washington-governor-jay-inslee-suspends-death-penalty.html?hpw&rref=us
I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

turboprinz

Court upholds death penalty for rapist Clark Elmore
April 3, 2015

The 9th Circuit Court of Appeals upheld the death penalty for Clark Elmore, who confessed to raping and murdering his 14-year-old stepdaughter 20 years ago.

The 9th Circuit Court of Appeals has upheld the death sentence for Clark Richard Elmore, convicted of raping and murdering his 14-year-old stepdaughter in Bellingham in 1995.

The unanimous ruling by the three-member panel rejected several avenues of appeal sought by Elmore, and affirmed a lower-court decision upholding his death sentence. Elmore, 63, is the second-longest serving inmate on Washington's death row.

From a practical point of view, the opinion does not move Elmore closer to execution since Gov. Jay Inslee declared a moratorium on the death penalty while he's in office. However, that moratorium involves the state's implementation of the penalty, not its legality, and Inslee has said the penalty remains in place.

Nor does the state's moratorium impact the federal appeals process, and the ruling handed down Wednesday upheld the dismissal of Elmore's claims of ineffective assistance of counsel and due-process.

Elmore claimed his trial was prejudicial because the jury was allowed to see him shackled; he said his attorney made mistakes by having him plead guilty and by not pursuing a brain-injury defense. The federal judges said the state's Supreme Court was correct in rejecting those claims as well.

A request for comment from Elmore's appeals attorney, Robert Gombiner, was not immediately responded to. It was not clear whether Elmore will seek a rehearing or ask the U.S. Supreme Court to review the 9th Circuit's opinion.

A telephone call to the state Attorney General's Office was not immediately returned.

Elmore, of Bellingham, was convicted July 6, 1995, of one count of aggravated first degree murder and one count of rape in the second degree for the rape and murder of Christy Ohnstad, 14.

Ohnstad, a Fairhaven Middle School student, was the daughter of Elmore's live-in girlfriend at the time of her death on April 17, 1995.

In a graphic taped confession, Elmore said the girl had threatened to tell on him for molesting her when she was younger. Elmore picked her up at school that day, took her to a secluded area, and then raped and strangled her.

He then played the grieving stepfather. Within days of her disappearance, Elmore helped organize a search party for her and publicly criticized the police for not doing enough to find her. A Whatcom County Sheriff's search party eventually found Ohnstad's body near the south end of Lake Samish.

Elmore fled to Oregon, but turned himself in to Bellingham police within two days and confessed to raping and killing Ohnstad.

http://www.seattletimes.com/seattle-news/crime/court-upholds-death-penalty-for-rapist-clark-elmore/
I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

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