Richard A. Leavitt - ID - 6/12/12

[Grinning Grim Reaper]

Judge denies motion

BY KENDRA EVENSEN
kevensen@journalnet.com

A district judge denied a motion to quash the death warrant issued in the case against former Blackfoot resident Richard A. Leavitt on Wednesday — just two weeks before the 53-year-old man is set to be executed for the 1984 murder of Danette Elg, who was found stabbed multiple times and sexually mutilated.
 
Leavitt’s attorneys, Andrew Parnes and David Nevin, filed the motion asking Judge Jon J. Shindurling to withdraw the death warrant due to pending federal litigation in the case and their concerns about the way the warrant was issued. But the judge denied their motion following a teleconference hearing on Wednesday.
 
“Due process has been had in this case,” Shindurling said, adding he doesn’t believe he has any authority to stop the execution at this point.
 
The judge’s decision means the June 12 execution date still stands, but Leavitt’s attorneys aren’t giving up yet.
 
They have already filed a petition with the Idaho Supreme Court in hopes of a judgement that will require Shindurling to vacate the warrant. There is also a possibility they could request an injunction in federal court.
 
During the conference on Wednesday, Nevin expressed concerns about pending federal litigation, which he feels should be resolved before an execution date is set. The defense attorneys have asked a federal judge to reexamine a claim alleging ineffective assistance of trial counsel in light of a recent U.S. Supreme Court ruling they feel applies to this case.
 
Nevin also argued on Wednesday, that the death warrant was issued inappropriately since Deputy Attorney General Lamont Anderson represented the state in obtaining the warrant rather than Bingham County Prosecutor Scott Andrew, who has represented the state in the case. He also said Leavitt should have had counsel present at the meeting that took place between Anderson and Shindurling when the death warrant was signed.
 
But Andrew argued a recent change in Idaho law negates the requirement that the county prosecuting attorney make the application for the warrant. And since the state was required to issue the warrant based on the fact that the Idaho Supreme Court has affirmed the death sentence and the United States Court of Appeals for the Ninth Circuit has issued a mandate, he said the meeting between Anderson and Shindurling was strictly ministerial.
 
Shindurling agreed with that point, and said counsel didn’t have a right to attend the meeting that wasn’t a hearing.
 
“There is no hearing required (to set an) execution date,” Shindurling said.

blackfootjournal.com/judge-denies-motion

[Grinning Grim Reaper]

Leavitt loses two bids to stay June 12 execution; more arguments today

June 4, 2012 12:35 p.m.

U.S. District Judge Edward Lodge has dismissed the portion of a lawsuit challenging Idaho's lethal-injection execution procedure that involves Richard Leavitt, who is scheduled to be executed on June 12. Lodge wrote in his 55-page decision and order today that he would allow more time for briefing in the case of the three other condemned prisoners who sued, Thomas Creech, James Hairston and Gene Stuart, but expedited Leavitt's portion because of his pending execution date.

The gist of the lawsuit challenged the state's three-drug lethal injection procedure, charging that if the earlier drug to inflict unconsciousness failed, the condemned inmate would suffer severe and excruciating pain when the later, lethal drug took effect. Since then, Idaho has announced it will use a single-drug lethal injection procedure - exactly what Leavitt sought in the lawsuit - so those points were ruled moot.   

Leavitt also raised several other issues, but the judge found them not sufficient to warrant a stay of execution. Among them: He challenged the experience level of the people assigned to administer the lethal drugs through IVs, but state prison officials said the least-experienced member of the team has 15 years of relevant medical experience.

On Friday, U.S. District Judge Lynn Winmill dismissed another bid from Leavitt to stay his execution on the basis of ineffective assistance of counsel, tied to a recent U.S. Supreme Court decision; Leavitt's attorney, David Nevin, immediately filed an appeal of that decision to the 9th Circuit U.S. Court of Appeals. This afternoon, the Idaho Supreme Court will hear arguments on remaining issues raised in state court by Leavitt's defense as his execution date approaches

The Spokesman Review

[J - Dog]

He is getting dropped. Idaho, taking out the trash. Go potato-e alley!!! Do it!!

[Grinning Grim Reaper]

Idaho Supreme Court rejects death row inmate's appeal

by Associated Press

KTVB.COM

Posted on June 5, 2012 at 6:36 PM Updated yesterday at 10:44 PM

BOISE -- The Idaho Supreme Court on Tuesday rejected an appeal by a death row inmate scheduled to die by lethal injection on June 12.
 
 The court ruled in a 10-page decision that the 7th District Court did not err in issuing a death warrant for 54-year-old Richard A. Leavitt entered on May 17 or in denying a motion by Leavitt to quash the death warrant.
 
 Leavitt was convicted of the 1984 stabbing murder of Blackfoot resident Danette Elg. Prosecutors say he stabbed her repeatedly and then cut out her sexual organs.
 
 Leavitt is being held at the Idaho Maximum Security Institution south of Boise with 15 other death row inmates.
 
 If Leavitt's execution moves forward he will become the second person executed by the state in the last seven months.
 
www.ktvb.com/news/Idaho-Supreme-Court-rejects-death-row-inmates-appeal-

[Grinning Grim Reaper]

Federal judge rejects news groups' execution case

by Associated Press

KTVB.COM

Posted on June 5, 2012 at 11:11 AM Updated yesterday at 3:22 PM

BOISE -- A federal judge has denied a petition from news organizations that want to strike down Idaho's policy of restricting full access to executions.
 
The Associated Press and 16 other news organizations filed a federal lawsuit last month targeting the portion of Idaho's policy that prevents witnesses from viewing lethal injections from start to finish.
 
In a ruling Tuesday, U.S. District Judge Edward J. Lodge took issue with the timing of the claim, saying the lawsuit had been filed too close to the scheduled June 12 execution of Richard Leavitt and could cause a delay.
My kind of judge...he can smell a liberal ANTI media rat! 
 
Lodge said the public has an interest in viewing the entire execution, but it also has an interest in seeing the judgment against Leavitt enforced without disruption.
 
The news organizations are considering appealing.  Poor losers! 

www.ktvb.com/news/Idaho-Supreme-Court-rejects-death-row-inmates-appeal-

[Hangman1981]

I still can't this one going through.

[Hangman1981]

I still can't see this one going through.

[Kitten Resq]

U.S. District Judge Edward J. Lodge handed down the order Thursday, two days after The Associated Press and 16 other news organizations filed a lawsuit seeking to force the Idaho Department of Correction to let witnesses view the execution process from start to finish.

The lawsuit is not intended to obstruct the state's June 12 scheduled execution of convicted murderer Richard Leavitt. Instead, it focuses on a narrow section of the agency's execution protocol

Oh hell, just put it on PPV and let everyone watch.  Might be a deterent, but I doubt it.  But, like the anti's say "If it just might happen this way, then it might happen that way".

[Grinning Grim Reaper]

Idaho Parole Commission denies clemency hearing for condemned inmate Richard Leavitt


THE ASSOCIATED PRESS 
First Posted: June 06, 2012 - 3:07 pm
Last Updated: June 06, 2012 - 3:10 pm

BOISE, Idaho — The Idaho Commission of Pardons and Parole says it won't consider a clemency request from condemned inmate Richard Leavitt, who is scheduled to die by lethal injection on June 12.

Leavitt was sentenced to death for the 1984 murder of Blackfoot resident Danette Elg.

Commission director Olivia Craven says the panel decided late Tuesday to deny Leavitt's request for a commutation hearing.

Craven says Leavitt was seeking to have his death sentence changed to life in prison.

Gov. C.L. "Butch" Otter received the commission's recommendation without comment.

Under Idaho law, only the governor has the authority to grant clemency on death penalty cases, but in order for the governor to do so, the parole commission must first consider the request and make a recommendation to the governor.

The Republic

[Grinning Grim Reaper]

I still can't this one going through.

You might want to reconsider...this POS is fast running out of bullets! 

[Grinning Grim Reaper]

News organizations appeal Idaho execution case


By JESSIE L. BONNER

Associated Press

BOISE, Idaho -- A legal challenge seeking full viewing access to Idaho executions will go before a federal appeals court Thursday, with The Associated Press and 16 other news organizations saying the process is unconstitutionally restrictive.

The lawsuit comes as lethal injections have drawn greater scrutiny, from whether the drugs are effective to whether the execution personnel are properly trained.

The news organizations filed a federal lawsuit last month seeking to strike the portion of Idaho's regulations that prevent witnesses - including reporters acting as representatives of the public - from viewing executions until after catheters have been inserted into the veins of death row inmates.

The news organizations also asked a judge to prevent next week's execution of Richard Leavitt from moving forward without the changes, but a federal judge denied that request Tuesday. 

In his decision, U.S. District Judge Edward J. Lodge said that while the news organizations had presented a strong case in arguing that the execution limits run afoul of freedom of the press provisions, the timing of the claim fell too close to Leavitt's execution date and could cause a delay.

Lodge didn't rule on the merits of the lawsuit, only denying the request for a preliminary injunction. The news organizations now are want the 9th Circuit Court of Appeals to reverse Lodge's decision. The hearing is set for Thursday morning in Pasadena, Calif.

The hearing comes five days ahead of Leavitt's scheduled execution. He was convicted of murder in the 1984 killing of Blackfoot resident Danette Elg.

In a brief filed in support their appeal, the news organizations argue the reasons given by the Idaho Department of Correction for closing a portion of the execution process do not pass constitutional muster.

The news organizations also took issue with Lodge's finding that the lethal injection protocol could be altered in the future without harm to the parties involved.

Chuck Brown, an attorney for the news organizations, argued this represented a "profound event."

"The lower court is essentially finding that a First Amendment right can be violated today as long as it is possible for First Amendment rights to be reasserted at some date in the future. Such a finding flies in the face of what our constitutional rights are all about," Brown said in court documents.

Additionally, the news organizations targeted Lodge's finding that their claim was filed too late and if granted could force a delay in Leavitt's execution. The public has an interest in viewing the whole execution process, Lodge said, but it also has an interest in seeing the judgment enforced without disruption.

"Perhaps the department would need to reschedule the execution of Mr. Leavitt for a later date," Brown said.
  Up yours Mr. Brown...get a life you douchebag! 

He added, "perhaps the department could simply draw open the curtains on the preparatory stage and proceed as scheduled with only minor adjustments."

The news organizations have cited a 9th Circuit ruling in a 2002 California case that found every aspect of an execution should be open to witnesses, from the moment the condemned enters the death chamber to the final heartbeat. The ruling established what was expected of the nine Western states within the court's jurisdiction.

The news organizations filed their case after talks were unsuccessful with prison officials, who took the position that the 2002 ruling was based on facts unique to California, Brown said, citing letters from Idaho correction director Brent Reinke.

Deputy Attorney General Michael S. Gilmore, on behalf of state officials, has asked the 9th Circuit to affirm Lodge's ruling.

Gilmore said in court documents that the lower court reviewed the case "under applicable procedural and substantive law. It engaged in a reasoned, record-based analysis that weighed competing factors for and against a preliminary injunction in a measured, articulate manner."

Read more here: http://www.kansascity.com/2012/06/07/3646592/news-organizations-appeal-idaho.html#storylink=cpy

[Grinning Grim Reaper]

The crime that put Richard Leavitt on death row

by Natalie Podgorski
Bio | Email | Follow: @NatalieKTVB
KTVB.COM

Posted on June 6, 2012 at 6:02 PM Updated today at 8:33 AM

BOISE -- With just six days until his scheduled execution Richard Leavitt is running out of options.  Late Tuesday night, the Idaho Commission of Pardons and Parole said it will not consider a clemency request for the condemned killer.
 
Leavitt is scheduled to die next Tuesday by lethal injection, for the murder of a woman in Blackfoot.
 
When the judge sentenced Leavitt to death almost 27 years ago, he said the murder of Danette Elg was heinous, atrocious and cruel.
 
Police found her dead in her Blackfoot home back in July of 1984.  Leavitt stabbed her at least 15 times and cut out her sexual organs.  Police did not find the 31-year-old's body until days after the murder.
 
Police records show Leavitt was with officers when they found Elg's body.  He had expressed his concern to police because Elg had not been seen for a few days.
 
Police found Leavitt's blood at the crime scene.  He was arrested in December, five months after the murder.
 
The prosecutor in the case, Tom Moss, says even after all these year it still stands out in his mind.
 
"The brutality of the crime itself is the thing that stands out the most," said Moss.
 
The case went to trial in September of 1985.  Twelve days after it started, the jury came back with a guilty verdict.  A few months later, a judge sentenced him to death.
 
"To have a death sentence imposed, you've got to have something above and beyond the ordinary murder, if there is such a thing," said Moss.
 
Leavitt has maintained his innocence in the case.  Don't they all...just ask PTO! 
 
Leavitt challenged his death sentence.  It was overturned more than once but in the end his sentence remained the same and his execution is moving forward.
 
KTVB talked to him in prison back in 2002 shortly after he was taken off death row.
 
"It's rough for about like mainly the first three, four years," said Leavitt.  "But then you start settling in and all there is to do is read books, watch TV, listen to the radio and that gets boring after a while."  Poor baby! 
 
At that time, he didn't have an execution date set but he said the feeling of death lingered.
 
"You try not to think about it. It is hard but you try to, when you can, put yourself elsewhere you don't think of things you've done or you'd like to do," said Leavitt.
 
Leavitt appealed to the Idaho Supreme Court, but Tuesday the high court denied his motion to overthrow the death warrant.
 
If Leavitt's execution goes forward as planned, he will be the second person executed by the state in the last seven months.
 
The execution is set for June 12 at 10:00 a.m.

www.ktvb.com/news/local/The-crime-that-put-Richard-Leavitt-on-death-row-15763245...

[k"KKK"hirschkorn]

Some just seems too good to be true...

[Russki]

[Grinning Grim Reaper]

9th Circuit asks why Idaho shouldn’t comply with execution access rules, like other states

June 7, 2012 1:54 p.m. - Updated: 2:01 p.m.

 There was no ruling from the bench, but the 9th Circuit Court of Appeals has asked Idaho officials to see if they can change the state's execution access rules in time for the June 12 execution of Richard Leavitt, to allow the full procedure, including the insertion of IV's, to be viewed by witnesses. During oral arguments this morning in Pasadena, Calif., Judge Marsha Berzon questioned why Idaho should be an exception when other states have decided that entire executions can be seen by the public. “California has been doing it. Ohio has been doing it. Arizona just announced they are going to do it,” Berzon said. “You haven't put anything in the record that Idaho is different in this regard. That you haven't done.”
 
The news organizations also took issue with Lodge's finding that the lethal injection protocol could be altered in the future without harm to the parties involved. Charles Brown of Lewiston, attorney for the news media, argued this represented a “profound event.” “The lower court is essentially finding that a First Amendment right can be violated today as long as it is possible for First Amendment rights to be reasserted at some date in the future. Such a finding flies in the face of what our constitutional rights are all about,” Brown said in court documents.

m.spokesman.com/blogs/boise/2012/jun/07/9th-circuit-asks-why-idaho-shouldnt-comp...

1st Amendment my  , this Brown guy is an ANTI pure and simple and would like nothing better than to get the X stayed!