NC Capital Trial Update 11-1-11

Six death penalty trials started in North Carolina over the last few weeks.

Larry Robinson (Robeson) and Brandon Gross (Buncombe) – Progress unknown.

The guilt-or-innocence phase is wrapping up in the Gaston County trial of Danny Hembree.  Prosecutors allege that Hembree strangled Heather Catterton in 2009, while defense attorneys say Catterton died of a drug overdose.

In Alamance County, efforts were underway to pick a jury for the sentencing phase of Dennis Mills‘ trial when Mills moved to withdraw his guilty plea for two 2010 shootings.

The Guilford County trial of Isaam Chaplin came to an abrupt halt when the prosecution suddenly located what they believe to be the murder weapon.  A gun seized by police in another county came up as a “hit” in a police database, prompting the judge to delay the trial indefinitely while both sides examine the new evidence.

Jury selection has just gotten underway in the Stanly County trial of William Robinson.  Robinson is accused of a 2006 robbery-murder in Albemarle.

Executions – November 2011

9 – Henry Skinner (TX)

10 – Anthony Juniper (VA)

15 – Oba Chandler (FL)

15 – Reginald Brooks (OH)

16 – Guadalupe Esparza (TX)

18 – Paul Rhoades (ID)

Jury Selection Underway in Capital Trials

In Gaston County, the jury selection process is nearly complete in the trial of Danny Hembree.  Eleven jurors have been seated; one regular juror and three alternates still need to be selected.

Things are just getting underway in the Alamance County trial of Dennis Mills; one juror has been seated.

There is no news on the Robeson County trial of Larry Robinson.

NC Supreme Court Rules, Lethal Injection Battle Continues

On Friday, the North Carolina Supreme Court issued a ruling in the ongoing litigation over lethal injection in the Tarheel State.  (Opinion available here.)  To be clear, last week’s decision did not open the floodgates for executions to resume in North Carolina.  The Court simply ruled that death-sentenced inmates cannot file a lawsuit in administrative court challenging the Council of State’s decision to approve the lethal injection protocol – inmates remain free to challenge the Council’s actions in other types of courts.

North Carolina is unique in that it requires the method of execution to first be mapped out by the Warden of Central Prison and then green-lighted by the Council of State, a group of executive branch elected officials. The issue in this case arose when the Council refused to hear from representatives for the inmates before approving the lethal injection protocol.  The inmates alleged that in doing do, the Council did not follow proper procedure under the Administrative Procedure Act.

The Court’s decision here turned on whether the Council of State is subject to the APA.  The Supreme Court ruled that because of the Council’s unique position in state government, the APA cannot be applied when the Council reviews a lethal injection protocol.

Although it ruled that the condemned have no right to contribute to the Council of State’s decision-making process, the  Court specifically noted that the inmates’ other concerns about the protocol could be addressed by state and federal courts.  What remains to be decided is the core issue of whether the lethal injection protocol in North Carolina complies with laws regarding cruel and unusual punishment.

As a practical matter, even if the protocol were to be approved by the courts, actually executing someone would require a drug of which there is a worldwide shortage at the moment. (More on that here and here.)  The Court’s decision may have closed the door on administrative remedies, but it has not reopened the door to the execution chamber.

Capital Trial Update 10-4-11

Larry Robinson is on trial for a double homicide in Robeson County, but DW has been unable to find anything recent in the media.

Jury selection is also underway for the trial of Danny Hembree in Gaston County.

Both Robinson and Hembree could face the death penalty if convicted.

Executions – October 2011

4 – John Henretta (TN – stayed)

5 – Marcus Johnson (GA)

18 – Joseph Murphy (OH – commuted)

20 – Christopher Johnson (AL)

25 – H.R. Hester (TN – stayed)

27 – Frank Garcia (TX)

Will Georgia Execute An Innocent Man?

DeathWatch does not often weigh in on executions taking place outside of North Carolina, but Georgia’s Troy Davis presents a special situation.

Winston-Salem attorney Mark Rabil describes the case:

It took a jury in Savannah, Ga., only a few hours to convict Troy Davis of the 1989 shooting of police Officer Mark McPhail, and only a few more hours to sentence Davis to death. The case against Davis was based solely upon the testimony of so-called eyewitnesses; no physical evidence exists. Alarmingly, seven of those nine have since recanted their original testimony, stating that they were wrong or lied about Troy Davis’ guilt in the face of intense coercion by law enforcement. Davis has always maintained his innocence. The police focused on Troy Davis because their first suspect, Redd Coles, told them Davis was the killer. Five new witnesses say that Coles was the one who shot McPhail. Witnesses saw Coles harassing a homeless man, shoot the police officer who tried to intervene, and then hide the gun. Coles himself admitted to fighting with the homeless man but fingered Troy Davis as the shooter of McPhail.

You can learn more about Troy Davis here and here.  If you are so inclined, you can sign this petition seeking clemency for Mr. Davis.  His execution is scheduled for September 21st.

For those who are not sure Mr. Davis is innocent but are also unsure of his guilt, know that clemency means Mr. Davis will not go free – he will be re-sentenced to life in prison.  There should not be death where there is doubt.