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U.S. Death Penalty Discussion / Re: Florida sitll holding up e...
Last post by resist - June 06, 2016, 02:02:27 PM

"I feel like the electric chair is an instant death," Doty said.

"Whatever happens after they hit you with 2,300 volts of electricity for eight seconds that anything else after that you're incompetent, you don't even know what's happening cause you're dead."
As quickly as Doty is working to die, other forces across the state and country work to slow him down.

In January, the US Supreme Court ruled that Florida's death penalty was unconstitutional because judges made the ultimate decision on sentencing and not jurors.

That has put death penalty cases across the state on hold. Convicted murderer Michael Lambrix was facing a February 11th execution date, but the Florida Supreme Court indefinitely postponed  it.

In his most recent court case, Doty argued right along with prosecutors that his death penalty sentence review should move right along to the Florida Supreme Court, but a Bradford County judge put the brakes on any more progress.
U.S. Death Penalty Discussion / Florida sitll holding up execu...
Last post by resist - June 06, 2016, 01:58:32 PM
They've ruled him competent. They've ruled the method of execution he requested constitutional. They still can't get the job done.

While Judge James Nilon ruled Doty competent, it is not clear when he will decide whether or not he may discharge his counsel and dismiss pending post-conviction proceedings in both state and federal courts.

The prosecutor, State Attorney Bill Cervone of Florida's Eighth Judicial Circuit, said that even if Nilon sides with Doty on those matters, the issue would still have to be heard by the state Supreme Court.

"It's impossible to predict when the courts may do something," Cervone said. "It won't happen this month or next. I can't imagine the Supreme Court will resolve the necessary appeal on him discharging his appeals before the end of this year."

Doty walked into the Plant City home of Harvey Horne, pointed a gun at his face and demanded drugs. Horne got on his knees and begged Doty to not shoot him, but he fired the gun, according to a Plant City Police Department report.

Along with the fatal attack on Rodriguez, Doty also slit the throat of a man who ended an intimate relationship with him while in prison, according to an Eighth Circuit Court of Appeal document.
Scheduled Executions / Re: Charles Don Flores - TX - ...
Last post by turboprinz - May 31, 2016, 05:49:21 AM
5/28/16 7:18 PM
A court just stayed this Texas man's execution because a witness was hypnotized

Charles Flores, a Texas death row inmate who was scheduled to be executed next week June 2, was granted a stay of execution late Friday afternoon.

The Texas Court of Criminal Appeals stayed Flores' execution date and sent his case back to the trial court for a hearing based on his claim that improper hypnosis was used on the main eyewitness in his murder trial.

As Fusion reported earlier this month, Flores was convicted for the 1998 murder of Elizabeth "Betty" Black in a Dallas suburb. A jury sentenced him to death the following year even though prosecutors presented no physical evidence linking him to the crime, and the only witness who saw him at the scene, Jill Barganier, was hypnotized by police.

As part of Flores' final appeal, which was filed last week, psychology professor Steven Lynn said in an affidavit that recent research shows the hypnosis could have made Barganier create false memories. "Clearly, the techniques that were used to refresh Ms. Bargainer's memory would be eschewed today by anyone at all familiar with the extant research on hypnosis and memory," Lynn wrote.

That hypnosis was the crux of the appeals court's ruling. The court approved his application for a writ of habeas corpus by essentially finding reason to believe a reasonable juror may not have convicted him if they had heard evidence like Lynn's testimony.

Now, the trial court in Flores' case will hold a hearing specifically on the hypnosis issue and the eyewitness identification. If Flores' lawyers can show by a preponderance of the evidence that a jury would acquit him today after hearing new scientific evidence, it would lead to a brand new trial for Flores, more than 17 years after he was convicted.

"We're ecstatic for Charles right now," said Gregory Gardner, one of Flores' attorneys. "This hypnosis was always very troubling from the beginning... and we're thrilled that now the Texas courts are going to take a closer look at it."

The warden at the Polunksy Unit, the Texas death row prison where Flores is housed, is expected to notify him of the ruling later tonight.

While the appeals court focused on the hypnosis issue in its ruling, Flores also brought up other issues in his appeal--including the fact that his white co-defendant received a much shorter sentence than he did and is currently out of prison on parole.

Two of the nine judges on the appeals court, which is the highest court in Texas that hears criminal cases, dissented from granting a stay. Only one of the judges who supported Flores' application, David Newell, wrote an opinion explaining his thinking.

"Eyewitness misidentification is the leading cause of wrongful convictions across the country," Newell wrote. "We may ultimately grant relief. We may ultimately deny relief. But either way, given the subject matter, by granting a stay this Court acknowledges that whatever we do, we owe a clear explanation for our decision to the citizens of Texas."

Specific Cases / Re: Unhappy Death Day for Baby...
Last post by Angelstorms OL'Man - May 28, 2016, 03:44:05 AM
Health had nothing to do with her execution.. Karma is a bitch and she never forgets.. Hope she rots in hell.
Specific Cases / Re: Unhappy Death Day for Baby...
Last post by RevKev - May 27, 2016, 08:56:11 PM
Glad to see evil POS Henderson died in Aug/2015. The state wouldn't execute her, but poor health got her in the end. Rot in Hell Henderson!
Scheduled Executions / Jeffrey Wood - TX - 08/24/2016
Last post by turboprinz - May 25, 2016, 08:14:01 PM
Convicted killer in 1996 Kerrville slaying set to die

May 24th 2016

HUNTSVILLE, Texas (AP) A convicted killer on death row for a January 1996 fatal robbery in the Texas Hill Country is set to die later this summer.

Texas Department of Criminal Justice spokesman Jason Clark said Monday the agency has received court documents setting 42-year-old Jeffrey Wood for lethal injection Aug. 24.

Wood's 2008 execution was stopped by a federal judge for testing to determine if Wood was mentally competent for capital punishment. Testing showed he was competent and other courts now have upheld those findings.

Wood was convicted under the Texas law of parties, which makes the participant in a capital murder equally culpable of the crime. Evidence showed his roommate, Daniel Reneau, fatally shot 31-year-old Kerrville store clerk Kriss Keeran. Both men then robbed the store.

Reneau was executed in 2002.

Dylann S. Roof, who is accused of killing nine people during a racially motivated assault in June 2015 at a Charleston, South Carolina, church, will face two death penalty trials after the Justice Department said Tuesday that it would seek his execution.

"Following the department's rigorous review process to thoroughly consider all relevant factual and legal issues, I have determined that the Justice Department will seek the death penalty," Attorney General Loretta Lynch said in a statement about the case against Roof, who was arrested less than a day after the shooting at Emanuel African Methodist Episcopal Church, a historic and predominantly black congregation.

"The nature of the alleged crime and the resulting harm," Lynch continued, "compelled this decision."

In a separate seven-page filing in U.S. District Court in Charleston, prosecutors cited nine aggravating factors, including that Roof had "expressed hatred and contempt towards African-Americans, as well as other groups, and his animosity towards African-Americans played a role in the murders charged in the indictment."

The prosecutors also wrote that Roof had "demonstrated a lack of remorse" and that he had "targeted men and women participating in a Bible study group at the church in order to magnify the societal impact" of the attack.

Two defense lawyers, David I. Bruck and Michael O'Connell, declined to comment on Tuesday.

Last year, a federal grand jury returned a 33-count indictment against Roof, who was accused of hate crimes, weapons charges and obstructing the practice of religion.

He is also facing murder charges in a state court, and the local prosecutor, Scarlett A. Wilson, said in September that she would seek the death penalty.

Whether Roof, 22, should be executed has been a matter of some debate in South Carolina, where some family members of the victims publicly forgave the suspected gunman just two days after the shooting.

Although Gov. Nikki R. Haley has called for Roof to be put to death, others said they wanted to avoid the pain of a trial and the potential for protracted appeals.

Bruck said last summer that Roof was willing to enter a guilty plea in exchange for a sentence of life in prison. But until Tuesday, 15 days before lawyers were scheduled to discuss the case in open court, it was not clear how the Justice Department would proceed.

A date for Roof's federal trial has not been set. His state court trial is expected to begin in January.

Charles Flores, the next person in America scheduled to be executed, has filed his final appeal

Main  Lifestyle  Charles Flores, the next person in America scheduled to be executed, has filed his final appeal 

Charles Flores, the next person in America scheduled to be executed, has filed his final appeal

The next person in America scheduled to be executed has filed his final appeal, arguing that his conviction for murder was based on "flimsy" evidence and was racially motivated.  :P

Charles Flores, a Texas inmate who is schedule to receive a lethal injection on June 2, filed a legal brief to the Texas Court of Criminal Appeals late Thursday afternoon. He currently has 13 days to live.

As Fusion reported earlier this month, Flores was convicted for the 1998 murder of Elizabeth "Betty" Black in a Dallas suburb. He was sentenced to death even though the prosecution presented no physical evidence linking him to the crime, and the only witness who saw him at the scene was improperly hypnotized by police. Meanwhile, Flores' white co-defendant, who was also charged with the murder, pled guilty, received a 35-year prison sentence, and is now out on parole.

The brief Flores' lawyers filed Thursday (scroll down to read the whole thing) is an application for a writ of habeas corpus, essentially a petition asking the Texas court for a new trial or at least to postpone the execution to allow a hearing on the evidence.

"In a case involving drugs, money, greed, and family, Flores was implicated based solely on conduct preceding the murder and conduct that occurred many weeks following the crime," his lawyers write. "No gun--no bullet--no money--no fingerprints--no DNA--no map--nothing, absolutely nothing directly links Flores to this crime."

What is likely Flores' strongest argument concerns the hypnosis used in the investigation of the case. Jill Barganier, a neighbor of the victim's, was hypnotized by police officers to help her recover her memory of the morning of the murder. (A video of the hypnosis session is below.) Even after the hypnosis, she couldn't pick Flores out of a police lineup. But 13 months later, when she was on the witness stand, she said she was "100% sure" she had seen Flores. Barganier was the only eyewitness who said she saw Flores at the scene of the crime.

Now, Flores' lawyers are arguing that Barganier's testimony should be thrown out under the state's junk science law. The brief includes an affidavit from Steven Lynn, a Binghamton University professor who is an expert in hypnosis and recovered memories. According to Lynn, who reviewed the trial transcript and the video of the hypnosis, new scientific research on hypnosis since the '90s suggests that the hypnosis conducted on Barganier could have led to the creation of false memories.

"Serious consideration should be given to the possibility that a miscarriage of justice was perpetrated in the ease of Mr. Flores," Lynn writes. Specifically, he says, the police officer who conducted the hypnosis used a technique known as the "movie theater technique," in which he encouraged her to imagine she was in a movie theater watching a movie of her memories. That strategy, Lynn says, has been discredited, and can cause people to have unwarranted confidence in false memories. "Clearly, the techniques that were used to refresh Ms. Bargainer's memory would be eschewed today by anyone at all familiar with the extant research on hypnosis and memory," Lynn writes.

Without the testimony of Barganier--the only witness who identified him at the crime scene--Flores would not be convicted, his lawyers argue.

"[Barganier's] flawed testimony is literally the only glue holding together the States tenuous circumstantial case. Without it, there is no way a Texas jury would have found Flores guilty of capital murder," the brief states. (Barganier did not respond to several requests for comment last month.)

The brief also spends considerable time discussing Flores' childhood. He says he was given drugs by his brothers at an early age, and was huffing gas to get high when he was only five. Another psychologist who the defense had evaluate Flores said that this may have led to abnormal brain development. One of Flores' earliest memories, the brief notes, is a violent fight between his parents. Flores also reported that he was sexually accused by relatives.

But Flores' trial attorneys didn't investigate any of this or present this mitigating evidence to the jury. During the sentencing phase of his trial, Flores' attorneys didn't call a single witness. They didn't try to contact any of his brothers or childhood friends.

"Had the jury heard about Flores's upbringing, childhood drug use, and brain impairment, it would have been presented with a vastly different picture than the State's depiction of a violent, remorseless, inhuman monster. Because Flores's attorneys did little to challenge the State's narrative, the jury was left with no real options," the brief states.

Finally, the brief argues that the deep discrepancy in sentencing that Flores received as compared to his white co-defendant, Richard Childs, means the death penalty as applied to him is unconstitutional. Childs, who was also charged with the murder and pled guilty to shooting Black, received 35 years in prison, served 17, and is now out on parole.
Man sentenced to death for 3rd time in 1997 slaying
May 09, 2016

MEMPHIS, Tenn. -- A jury again sentenced Michael Rimmer to death Saturday in the killing of his former girlfriend, who disappeared 19 years ago from her job as a night clerk at a Memphis motel.

Rimmer, 50, was sentenced to death in 1998 and at a resentencing in 2004 in the killing of 45-year-old Ricci Ellsworth. A new trial was ordered in 2012 after a judge found Rimmer's defense counsel failed to effectively investigate the capital case.

Shelby County District Attorney General Amy Weirich announced in 2014 that she would ask for a special prosecutor to handle the trial. Rachel Sobrero of the Tennessee District Attorneys General Conference, and Pam Anderson, of Davidson County, prosecuted the retrial.

Jurors on Friday convicted Rimmer of killing Ellsworth with premeditation and in perpetration of a robbery. He was also convicted of aggravated robbery.

Shelby County Criminal Court Judge Chris Craft told Rimmer he will be confined until all appeals have been exhausted and an execution date is set. He will be put to death by electrocution, or at his option, lethal injection, Craft said.

"May God have mercy on your soul," Craft said.

Ellsworth, a mother of two, disappeared Feb. 8, 1997, from the Memphis Inn near Interstate 40. Her blood and her ring were found at the scene, but her body has never been found.

"I wish I could tell you how much I loved her, still love her," her now deceased mother, Margie Floyd, testified previously. "And the horror that -- she was such a sweet, generous person -- that anyone would hate her that much. It had to be hate."

Rimmer asked his attorneys, Robert Parris and Paul Bruno, not to present any mitigating evidence on his behalf during the sentencing proceedings Saturday.

Sobrero told the jury about aggravating factors in the case, including that Rimmer was previously convicted of one or more violent felonies, not including the present charge.

Rimmer was convicted of raping Ellsworth in 1989. She forgave him and visited him in prison.

Rimmer had pleaded not guilty to killing Ellsworth, and Parris urged the jury to consider elements of the case that were missing. There was no body, murder weapon or identification of Rimmer at the scene by anyone, Parris said. Prosecutors presented evidence that DNA profiles from blood at the crime scene matched blood found in a car Rimmer was arrested in for speeding nearly a month after Ellsworth's disappearance.

Witnesses Roger Lescure and William Conaley testified Rimmer had threatened to kill Ellsworth.

Rimmer's attorneys emphasized the eyewitness identification of a man who saw two people at the motel around the time of Ellsworth's disappearance with what appeared to be blood on their hands.

James Darnell picked out Billy Wayne Voyles Jr. from a photo spread, according to a police document. The document was not disclosed for Rimmer's 1998 death penalty trial or his resentencing in 2004.

Rimmer's 1998 counsel asked for exculpatory evidence from the prosecutor handling the case at the time, who responded the state was not aware of any.

Voyles was also picked out of a sketch released to the media.

Rimmer will get an automatic appeal to the Tennessee Court of Criminal Appeals. If that court affirms the conviction and sentence, the Tennessee Supreme Court automatically reviews it.

Tennessee has executed six people since 1976, and the last execution was in 2009.

Five were executed by lethal injection, and in 2007 the state electrocuted convicted killer Daryl Holton. Holton chose the method.
Serial wife killer on death row offers info on where he buried body in exchange for execution date
May 06, 2016

SAN QUENTIN, Calif. (KGO) --
A serial wife killer who's been on San Quentin's death row for three decades is demanding that his sentence be carried out. And, he's offering to reveal where he buried one body, if the state sets an execution date. But, his own children want him to rot in prison. This is a prime example of the dysfunction of California's death penalty.

Support for the death penalty has been slipping in California. It's now at its lowest level in 40 years, partly on moral grounds. But a major part of it is that our system of carrying out a death sentence is seriously broken. Case in point -- Gerald Stanley.

Jay Stanley told the I-Team's Dan Noyes, "I'm not afraid of nobody in this world except for my dad."

Jay was five years old and his sister was six years old, as they headed to school on a Tuesday morning with their mother, Kathleen, at the wheel. When they pulled into Concord's Cambridge Elementary, their father jumped in the passenger door and opened fire.

Jay: "I remember hearing the shots and I remember him dragging my sister out of the car and I remember chasing them."
Noyes: "He left you?"
Jay: "Yeah."
Noyes: "Why?"
Jay: "I don't know."

Jay ran back to the school all alone, to see his mom on the ground beneath a white sheet: "And he always claimed to love me and my sister so much, but yet he had no problem killing my mom."

Stanley, a professional hunting guide, spent just 4.5 years in prison. Within months of getting out, his new wife, Diana Lynn, went missing in Tehama County.

That same year, his next wife, Cindy Rogers, was about to report Stanley's physical abuse. That would violate his parole, so he staked out her father's resort in Lake County with a high-powered rifle, and shot her from across the highway as she sat by the pool with her son.

The I-Team obtained a police interview in which Stanley said, "Someone killed my wife."

Detective: "That's right."
Stanley: "And I didn't do it."

Stanley denied the murder, but got convicted. During sentencing, prosecutors connected him to another woman, Ranee' Wright, found dead that same summer, tossed in an oil well.

Lake County District Attorney Don Anderson told Noyes, "He was a very cold blooded, heartless killer."

Anderson worked the case as a young deputy sheriff. Now, he's the prosecutor trying to get Stanley's death sentence confirmed. Stanley has been on death row 32 years.

"Either you abolish the death penalty or you enforce it," Anderson said. "There's no sense having it if you are not going to use it."

For years and years, Stanley has had two competing teams of attorneys. His court-appointed federal defenders are filing appeals to keep him alive. But, his private attorney is fighting to follow Stanley's desire to die.

Stanley even sent a letter to the judge, offering to reveal where he buried Lynn's body if the state would set an execution date.

Gerald Uelmen, Santa Clara University Law Professor, believes, "There's something wrong with the system where the death penalty just becomes a form of suicide."

Uelmen is an expert on evidence. His most famous client was O.J. Simpson. He also headed a 4-year study into "flaws in California's death penalty system that render it dysfunctional." The panel recommended many changes, including finding more, competent attorneys for death penalty cases and increasing funding. The study that cost a $1 million was published in 2008.

Noyes: "What improvements have been made?"
Uelmen: "Nothing, the report has been filed away on the shelves of legislators. They have not addressed any of the problems."

So death penalty cases such as Stanley's drag on, an average of more than 30 years in California, from sentencing to execution. The national average is half that.

Jay told Noyes if his father had been put to death decades ago, it would have provided some closure. Now that Stanley wants to die, Jay would like him to just sit there and suffer.

"It just seem like he's trying to get the easy way out now and I don't want that," Jay told Dan Noyes. My mom didn't get the easy way out and I don't think he should."

The state last put someone to death in 2006. There are competing measures on the November ballot -- one from prosecutors to streamline the process, the other to abolish the death penalty. So, you'll have a chance to weigh in at the polls.
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