Swain County to Seek Death Against Three

August 29, 2008

News Update 08.29.08

North Carolina

In Swain County, prosecutors have requested a hearing to determine whether Jason Christopher Johnson, Jeffrey Czechonna Miles, and Jada McCutcheon should face the death penalty if convicted of a double homicide earlier this month.

The military death penalty trial of William Kreutzer has been pushed back to January.  The court will be busy until then handling another death penalty case, that of Alberto Martinez.

Elsewhere

Taking better late than never to a whole new level, the Swiss have exonerated a woman 226 years after she was beheaded.  Anna Goeldi was the last person executed in Europe for being a witch.  Goeldi was accused of using her powers to make a young girl spit pins and have convulsions.  Said the government, “Those who made the judgment regarded themselves as educated people…in spite of that they tortured an innocent person and had her executed.”

Execute first, ask questions later – it’s the Texas way.  A judge has granted a hearing on Charles Dean Hood’s claims that his trial was unfair for several reasons, including that the prosecutor and the judge were dating during his trial.  That’s nice, but the judge intentionally scheduled the hearing for two days after Hood’s execution.  What more can you really say?


Life for Eric Oakes

August 27, 2008

News Update 08.27.08

North Carolina

DW has not found an article on the subject yet, but a Hertford County jury took less than an hour yesterday to sentence Eric Alan Oakes to life without the possibility of parole.  Oakes had faced the death penalty for the 2002 shooting of Tyrelle Overton.

In Orange and Chatham Counties, prosecutors have announced their intention to seek death against Louis Ephraim Wilson.  Wilson is accused of the rape-murder last May of Tracy Lynn Baldwin.  WIlson’s is the fourth capital case District Attorney Jim Woodall has decided to pursue this year in a pair of counties that have not executed anyone since 1948.

The Daily Tarheel, the school paper of UNC-Chapel Hill, is questioning Woodall’s decision to seek death in the case of Demario Atwater, who is accused of killing UNC student body president Eve Carson.

In Raleigh, jury selection has begun in the capital trial of Charles Darryl Dickerson.  Dickerson admits that he killed Brenda Fox in 2006, but asserts that it was a crime of passion.  The State is seeking the death penalty.

Also in Raleigh, 18-year-old Mack Jossie Mojica was informed yesterday that the State might seek the death penalty against him for the stabbing of Christopher Rivera Jiminez.  Mojica’s father convinced him to turn himself in shortly after the argument which led to his friend’s death.

Elsewhere

Capital Defense Weekly is encouraging folks who appreciate their unparalleled coverage of all things death penalty to contribute to several worthy organizations.  Among them is North Carolina’s own Fair Trial Initiative, of which DW is a huge fan.


Oakes Found Guilty, Friday Enters Plea

August 22, 2008

News Update

North Carolina

In Winton, Eric Alan Oakes has been found guilty of first-degree murder, kidnapping, and attempted armed robbery for a 2002 slaying. Oakes was convicted after just one hour of jury deliberations. On Monday, the jury will begin deciding whether Oakes is sentenced to death or to life in prison.

In Charlotte, Robert Chevelle Friday pleaded guilty to two 1993 murders and will spend the rest of his life in prison. Prosecutors had originally sought the death penalty in the case.

The (Raleigh) News and Observer asks whether sending a peace activist and mother of eight to jail for fifteen days for protesting an execution is a reasonable punishment.

Elsewhere

Texas’ Jeff Wood and Missouri’s Dennis Skillicorn were scheduled to die this week for murders they did not personally commit. Both Wood and Skillicorn were sitting in nearby cars when their associates shot the victims. Amnesty International has this profile of each case. More on Jeff Wood’s case is here, here, and here. More on Dennis Skillicorn is here. Another Texas inmate, Denard Mann, was granted a stay earlier this week.


NC Gubernatorial Candidates Weigh In on DP

August 20, 2008

News Update 08.20.08

North Carolina

In last night’s gubernatorial debate, Republican Pat McCrory said that executions should resume in North Carolina immediately, while Democrat Beverly Perdue said that the courts should work through the legal issues first. McCrory referenced a cop-killing case from his native Charlotte in which the perpetrator has not yet been executed. He did not mention the three recent exonerations of North Carolina death row inmates, two of whom were convicted within a 60-mile radius of Charlotte.

Pretrial motions will be heard today in a military death penalty case at Fort Bragg. Staff Sgt. Alberto Martinez is accused of killing two superior officers in Iraq in 2005.

Elsewhere

Folks in Texas can tune in to a radio program called Execution Watch, which airs on KPFT every time Texas prepares to kill a death row inmate. Past guests include attorneys, activists, retired police officers, pastors, academics, and former death row inmates. (c/o DPIC)

From the Better Late than Never Department, the Texas Forensic Science Commission plans to review the case of Cameron Todd Willingham, who was executed in 2004. Willingham was accused of intentionally setting the fire that killed his family. New science indicates that the fire was an accident.

A study of the death penalty in Delaware shows racial and geographic disparities, as well as a 44% reversal rate. Although the majority of murder victims in Delaware are black, 70% of death sentences are imposed in white-victim cases. The death sentencing rate in black defendant-white victim cases is almost twice as high in Delaware as it is in any state surveyed so far. (c/o SLAP)


Edward Chapman – Life After Death Row

August 14, 2008

News Update 08.14.08

North Carolina

A truly stunning profile of North Carolina death row exoneree Glen Edward Chapman appears in this month’s Details magazine. Chapman spent nearly 14 years on death row for two murders he did not commit (one of which was not even a murder). He was released with less than $200 to his name, no apology, and nowhere to go. Four months later, Chapman has a job, a house, and an inspiring perspective on the time he served and the road ahead.

The article begins:

The sergeant says, “Pack up.”

Glen Edward Chapman has no idea what’s going on. It’s a sunny afternoon in April, and he has just come in from playing basketball with some of the other inmates at the maximum-security state penitentiary in Raleigh, North Carolina. He’s still drying off from his five-minute shower—if you let the water run too long, they extract 10 bucks from your prison account—and he’s confused. He knows that a judge has ordered a new trial, but nobody’s said anything about when it will be.

Pack up?

“I’ve been packed up for a long time,” Chapman says to the sergeant. As one of his small gestures of mental independence, he’s never gotten around to arranging his personal items in a neat space under the bed—that would suggest he plans on sticking around. Instead, he’s kept everything in a bag for close to 14 years while he’s gradually morphed from a wiry and wide-eyed 26-year-old into a stocky, bespectacled 40-year-old. A guard leads him out of Unit III. Chapman expects the two of them to turn right, toward Safekeeping, where prisoners are housed when they’re awaiting trial, but they turn left, toward Shipping. The guard is as nonchalant as a shopkeeper telling a late-night customer that it’s closing time. “See you later,” he says. “You’re going home.”

(As a side note, DW encourages folks to pick up a paper copy of the mag; there are incredible photographs of Mr. Chapman which do not appear in the online version.)

Reactions to the State’s decision to seek death for Demario Atwater are here and here. From the Charlotte Observer article: “If my loved one were murdered, my gut would tell me to find the person responsible and exact some old-fashioned, Biblical vengeance, “an eye for an eye.” Then, I would hope and pray that some other emotion took over, one that rejects legal as well as illegal violence in a world that has always had more than its share of both.”

Elsewhere

Amnesty International and StandDown reflect on the predicament of Raymond Riles, a Texas inmate who has languished on death row for 33 years because even Texas agrees he’s too mentally ill to execute. Still, Texas will not allow Mr. Riles to be moved from death row, the restrictive conditions of which only exacerbate his paranoia and delusions, to a psychiatric prison facility.

From the company we keep department, Iran is taking steps towards ending the practice of stoning condemned prisoners. Relatedly, SLAP links to this article, which notes the decline of the death penalty in Asia, even in China, which executes more people than any nation on Earth.


NC to Seek Death for Atwater, Boyd

August 12, 2008

News Update 08.12.08

North Carolina

Orange County District Attorney Jim Woodall announced yesterday that he plans to pursue capital punishment for Demario James Atwater. Atwater is accused in the March killing of UNC student body president Eve Carson. Atwater’s co-defendant, Lawrence Lovette, was 17 at the time of the shooting and is not eligible for the death penalty.

Rowan County District Attorney Bill Kenerly will seek the death penalty for Christopher Boyd, but not for either of his co-defendants in the June slaying of local dentist James Boyd (no relation).

In Greensboro, Michael Vernard Thompson has pleaded guilty and accepted a sentence of life without parole for the shooting of local store owner Betty Sibert Thomas. Thomas’ family told the court that their mother wouldn’t have wanted her killer put to death.

Elsewhere

In Georgia, counties are confronting the cost of prosecuting cases capitally. It’s not just attorneys’ fees – the pay for jurors and bailiffs is seven times higher if death is sought than it would be in a regular murder trial. District attorneys say that amending Georgia law to allow defendants to plead to life without parole would significantly decrease capital trial costs.

Relatedly, retired Georgia judge Hilton Fuller is criticizing the prosecution for driving up the cost of the Brian Nichols “Atlanta courthouse shooter” murder trial. “Prosecutors could have proceeded with one or two counts,” said Fuller, “Ten witnesses could prove that case.” Instead Nichols was indicted on 54 separate counts, and the State identified 487 potential witnesses. Defense attorneys were then forced to expend tremendous resources contacting hundreds of unnecessary witnesses to prepare for trial.


No Death Penalty for Drye

August 8, 2008

News Update 08.08.08

North Carolina

The Rowan County district attorney has announced that he will not seek the death penalty against Candace Drye, the only female defendant among the three people charged with the June murder of a local dentist. District Attorney Bill Kenerly also agreed not to seek death against a woman, already serving time for attempted murder, whose victim recently died from his injuries.

Death penalty protester Mary Rider has been sentenced to 15 days in jail after refusing to pay a fine for trespassing on prison property as part of a protest during the 2006 execution of Samuel Flippen.

Elsewhere

Texas has executed Heliberto Chi. As StandDown notes, Texas has been responsible for 36% of all executions in the modern era and has already scheduled 13 more executions for this year. The Lone Star State has conducted fully half of the executions thus far in 2008.


Ballard Acquitted of Double Homicide

August 6, 2008

News Update 08.06.08

North Carolina

After spending nearly seven years behind bars, Cumberland County’s Joshua Ballard has been found not guilty of a 2001 double homicide. At his first trial in 2004, Ballard was found guilty and faced the death penalty. His conviction was overturned when the Court of Appeals ruled that Ballard was denied a fair trial because his attorney also represented a key witness in the case. The State did not seek the death penalty at Ballard’s second trial. Now that Ballard has been acquitted, he plans to spend time with family, join a church, and go back to school.

Elsewhere

Jose Medellin was executed last night, despite calls from an international court and the White House that he be granted a reprieve. Medellin was at the center of the controversy over the rights of foreign nationals being charged in American courts. Under the Vienna Convention, such suspects are supposed to be given access to their consulate. Mr. Medellin and some 50 others on death row were not. Medellin’s final words were, “I’m sorry my actions caused you pain. I hope this brings you the closure that you seek. Never harbor hate.” More from SCOTUSblog and StandDown.


Executions – August 2008

August 6, 2008

5 – Jose Medellin (TX)

7 – Heliberto Chi (TX)

12 – Leon Dorsey (TX)

14 – Michael Rodriguez (TX)

20 – Denard Manns (TX)

21 – Jeff Wood (TX)

27 – Dennis Skillicorn (MO)


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