News and Updates (as of 12/22/96)

MAY 17, 2024:

ALABAMA----impending execution

Alabama inmate Jamie Mills set to die; argues innocence, challenges ‘tortuous’ execution method

The Alabama Death Row inmate set to die by lethal injection in 2 weeks currently has 2 federal lawsuits pending, one challenging the state’s execution method and another arguing his innocence.

Jamie Mills, 50, is set to die by Alabama’s 3-drug lethal injection cocktail on May 30 at William C. Holman Correctional Facility in Atmore.

Mills and his then-wife, JoAnn Mills, were convicted in the June 2004 beating deaths of Floyd and Vera Hill. The elderly couple were beaten with a machete, a ball-peen hammer, and a tire iron at their Marion County home before, prosecutors said, the Mills stole cash and prescription medication.

He’s represented by lawyers with the Equal Justice Initiative, who have been seeking relief through different lawsuits.

Mills’ two federal lawsuits are pending in the Middle District Court and the Northern District Court of Alabama, under 2 separate federal judges.

In his Northern District claim, Mills argued his wife who testified against him in 2007 only did so because of a prearranged plea agreement that would spare her the death penalty.

Last month, Mills’ lawyers filed a motion asking a federal judge to reopen his case, arguing “newly discovered evidence calls into question not only the reliability of the capital trial verdict in this case, but also the integrity” of the court.

Mills’ lawyers pointed to a new affidavit from JoAnn Mills’ former attorney. That attorney said that in 2007, prior to either of the Mills facing trial for capital murder, he met with the then-district attorney and the victims’ family. At that meeting, the attorney said, the DA agreed to let JoAnn Mills plead guilty to the lesser charge of murder and avoid the death penalty in exchange for her testimony against her husband.

Prosecutors from Marion County and the Alabama Attorney General’s Office have long argued there was no deal in place before JoAnn Mills took the stand.

But Mills’ lawyers argue that he was convicted primarily based on JoAnn Mills’ testimony. While the victims’ blood and DNA was found on clothes—which had Mills name on the tags—was found in Mills’ car. The murder weapons did not have Mills DNA present, and his lawyers have argued the items could have been put in the trunk without either Jamie Mills’, or his wife’s, knowledge.

“This is a case primarily built on the testimony of a single witness: JoAnn Mills,” said the filing. “Without her testimony, the State’s case was very weak. The physical evidence was consistent with Mr. Mills’ theory of defense that he was innocent and being framed by (a man who is referred to as a “local drug user”) who was identified as a suspect in the murders and arrested with the victims’ pills and a large amount of cash.”

That man had access to the car on the day of the murders, Mills argued.

But the state replied that Mills’ lawyers have argued about the supposed plea agreement for 17 years and have only now spoken to JoAnn Mills’ former attorney. The AG’s Office still argues there was no prearranged deal for JoAnn Mills and called the filing “untimely and meritless.”

”Jamie Mills brutally murdered Floyd and Vera Hill after he and his common law wife, JoAnn Mills, went to the elderly couple’s home with the intent to rob them one afternoon in June 2004. Three years later, JoAnn testified against Mills in his capital murder trial, offering graphic testimony of what he did to the victims and what the two of them did thereafter in an effort to cover their tracks.”

Prosecutors said that after Mills’ conviction and death sentence, the Hill family was satisfied with JoAnn Mills getting a lesser sentence “because of the remorse she showed.” She pleaded guilty to murder and was sentenced to life in prison. She will be eligible for parole in 2027.

Lethal injection suit

In Mills’ other lawsuit, his lawyers argued that he “is at imminent risk of being subjected to an unnecessarily prolonged and torturous execution process at the hands of State officials with unreviewable authority, without the presence of counsel or access to the courts.”

Mills is set to die by lethal injection after he didn’t opt-into the state’s new execution method, using nitrogen gas, when inmates had the opportunity to do so in June 2018.

That lawsuit points to the most recent lethal injections and the two that were aborted in 2022 after the state ran out of time to start an intravenous line for the lethal injection.

His lawsuit is asking for his lawyers to be present during the process when execution team members from the prison start the IV—which typically only prison officials are present for.

The state argued that case should also be dismissed.

To prevent Mills from being on the gurney longer than necessary, the state said prison officials “affirm that Mills will not be taken to the execution chamber until any stays of execution are lifted, and should a stay be granted while he is in the chamber, he will be removed from the gurney and returned to the holding cell.”

“The Hills deserved far better deaths than the bloody end Mills gave Floyd and the protracted death in hospice that Vera endured. His efforts at gamesmanship through untimely last-minute litigation should not be rewarded.”

(source: al.com)

TENNESSEE:

Another state approves death penalty for child rape

Republican Tennessee Gov. Bill Lee signed a bill last week that authorizes the death penalty for aggravated rape of a child by an adult.

The new law takes effect July 1, the Associated Press reports. People convicted of the crime can be sentenced to death or to life imprisonment, with or without the possibility of parole.

A Florida bill signed about a year ago by Republican Florida Gov. Ron DeSantis also permits the death penalty for child rape, according to USA Today.

Supporters of the laws hope that they will lead the U.S. Supreme Court to overturn a 5-4 decision in 2008 that said the death penalty for child rape is unconstitutional in cases that don’t result in death.

Then-Justice Anthony Kennedy wrote the majority decision in the 2008 case, Kennedy v. Louisiana.

Citing “evolving standards of decency,” Kennedy said the death penalty for child rapists violates the Eighth Amendment’s ban on cruel and unusual punishment.

3 of the dissenters remain on the Supreme Court, while no justice in the majority remains, according to an op-ed by one of the sponsors of the Tennessee bill, Republican Tennessee State Sen. Jack Johnson.

(source: abajournal.com)

OHIO:

New DPIC Report Traces Ohio’s History of Racial Violence to the Modern Use of Capital Punishment in the State

RACE OHIO

On Tuesday, the Death Penalty Information Center released a new report that connects Ohio’s racial history to the modern use of the death penalty in the state. Broken Promises: How a History of Racial Violence and Bias Shaped Ohio’s Death Penalty documents how racial discrimination is the throughline that runs from the state’s founding to its application of capital punishment today.

The report notes that Ohio’s Black Laws, adopted in the early 1800s, made race a critical element of the state’s legal system. Ohio’s 1807 “Negro Evidence Law,” for example, prohibited Black people from testifying against white people in court. This created a double legal standard; white Ohioans were permitted to victimize Black people with no legal consequences so long as there were no white witnesses willing to testify on the Black victims’ behalf. Ohio’s other Black laws instituted racial restrictions on jury service. Modern studies find that jury discrimination persists.

DPIC’s review of modern death sentencing statistics reveal a continued emphasis on race in Ohio’s capital punishment system. An analysis of race of victim data for all 465 modern death sentences in Ohio found that 75% of death sentences were for cases with at least one white victim. For context, 66% of murder victims in the state are Black. The disparities become more pronounced when factoring in a victim’s gender. While 44% of Ohio’s murder victims are Black men, just 13% of death sentences involved at least one Black male victim. A separate study found that homicides involving white female victims are six times more likely to result in an execution than homicides involving Black male victims.

The report also features multiple stories of Black capital defendants who faced overt racial discrimination during their trials. For example, Malik Allah-U-Akbar’s attorney hired a defense expert who diagnosed Mr. Akbar with antisocial personality disorder. The expert falsely testified at trial that “urban” Black males are substantially more prone to antisocial personality disorder and that “the best treatment for antisocial…is to throw them away, lock them up.” Mr. Akbar’s attorney later reiterated this false narrative, stating “[t]his isn’t a situation you can treat. … You have to put him out of society until it runs its course.”

“2 centuries ago, race was a critical factor affecting whether prosecutors sought the death penalty and whether someone was executed in our state, and race still influences many death penalty decisions today,” said Tiana Herring, DPIC’s Data Storyteller and the lead author of the report. “This can’t be squared with the reasonable expectation that Ohioans have to be treated equally by our legal system.”

(source: Death Penalty Information Center)

MISSOURI----impending execution

David Hosier's Health Deteriorates Ahead of Scheduled Execution

David Hosier faces imminent execution in Missouri on June 11th, 2024, despite his deteriorating health. Hosier, 69, was diagnosed with heart failure following chest and abdomen x-rays conducted after he fell ill a week ago. He is currently bedridden, experiencing lethargy, labored breathing, and swollen legs. With less than a month to live, Hosier has not received adequate medical care and access to his family during his final days.

Missourians to Abolish the Death Penalty (MADP) will host a press conference via Zoom on Friday, May 17th, at 9:00 am to provide updates on Hosier’s condition and to discuss the prevalence of medical neglect within the Missouri Department of Corrections. The conference will feature speakers from Hosier’s family, his spiritual advisor, Reverend Dr. Jeff Hood, and MADP representatives.

Event Details:

• Date & Time: Friday, May 17th, 2024, at 9:00 am

• Location: https://us02web.zoom.us/j/88098768606

• Speakers: Representatives from David’s family, Reverend Dr. Jeff Hood, and MADP

Press Statements:

Michelle Smith, Missourians to Abolish the Death Penalty:

“Missouri prisons are incubators of sickness. From the absence of any type of nutritional food, to the deficient medical care, to the conditions of confinement that break a person's mental acuity and lead to physical atrophy; prisons are environments where every category of mental and physical illnesses fester, at a rate exponentially higher than for those in society. This is especially and particularly true for incarcerated senior citizens. At 69 years old, having been incarcerated for over a decade, and being placed in solitary confinement since February of this year, it's no shock that Mr. Hosier has developed serious & life threatening health complications.”

Barbara Merrill, David’s Sister:

“Just yesterday, David was diagnosed with acute heart failure. He’s not receiving anything close to proper care. Can you imagine knowing someone you love is laid up, unable to walk, largely ignored and drowning in their own fluid? Furthermore, how could anybody think there is anything moral about executing someone in such a condition?”

Rev. Dr. Jeff Hood, Spiritual Advisor to David Hosier:

“Societies should be judged on how they treat suffering amongst them. In the coming weeks, the State of Missouri will be judged based on how it treats David Hosier.”

(source: Missourians to Abolish the Death Penalty)

CALIFORNIA:

Pope praises California death penalty moratorium, governor says----California Gov. Gavin Newsom told Catholic News Service that Pope Francis was "proud" of the state's efforts to halt use of capital punishment.

Pope Francis supports the steps taken by California to halt the use of the death penalty, California Gov. Gavin Newsom said.

Newsom told Catholic News Service that during their meeting May 16, the pope "immediately brought up the issue of the death penalty."

The governor said that during their exchange the pope expressed "how proud he was of the work we're doing in California."

Newsom was at the Vatican for a summit on climate resilience that brought seven other governors and 16 mayors from around the world to Rome. New York Gov. Kathy Hochul, Massachusetts Gov. Maura Healey and Boston Mayor Michelle Wu were the other U.S. elected officials who participated in the summit.

Newsom told CNS after his meeting with Pope Francis that he was "struck" by the pope's sudden comments to him on the death penalty.

"I wasn’t anticipating that, especially in the context of this convening," he said.

While capital punishment remains legal in California, Newsom signed an executive order in 2019 implementing a moratorium on executions. The state has not executed anyone since 2006.

California has the largest death row in the United States with 638 condemned inmates as of May 6, the last time the public data was updated. But in 2022 Newsom announced he was closing down the state's 2 death row facilities -- at San Quentin for men and Chowchilla for women -- and would move prisoners to different facilities. The moves are supposed to be completed by the end of the summer.

Making his announcement at a news conference in January 2022, Newsom said, "The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence."

In his pontificate, Pope Francis has expanded church teaching on the capital punishment, condemning it in all instances.

The Dicastery for the Doctrine of the Faith said the death penalty "violates the inalienable dignity of every person, regardless of the circumstances" in a recent document written by Cardinal Víctor Manuel Fernández, dicastery prefect, and signed by Pope Francis.

The document, "Dignitas Infinita" ("Infinite Dignity") released at the Vatican April 8, also reaffirmed the dignity of incarcerated people "who often must live in undignified conditions."

While the Catechism of the Catholic Church previously taught that capital punishment could be justified in only "very rare, if not practically non-existent" circumstances, Pope Francis ordered an update to the catechism in 2018 to state that "the death penalty is inadmissible because it is an attack on the inviolability and dignity of the person."

The catechism continues to state that the Catholic Church "works with determination for its abolition worldwide."

(source: usccb.org)

USA:

Should Prosecutors Worry About Having Jewish People on Capital Juries?

On May 13, the New York Times published a story about discrimination in jury selection in death cases that was shocking, but not surprising. The story recounted longstanding efforts by prosecutors in Alameda County, California, to prevent people from serving as jurors in death penalty cases based on their race, gender, and religion.

Last month, a federal judge ordered an inquiry into those allegations. As the Times explains, “The inquiry, which may involve as many as 35 cases from as far back as 1977, is just getting underway. But the district attorney’s office says it has already found evidence that the discriminatory practice was widespread for decades and involved numerous prosecutors.”

The Times article highlighted and paid particular attention to the systematic exclusion of Jewish people from death penalty juries.

Evidence from Alameda County suggests that during jury selection in one 1990s case, the prosecution left handwritten notes about prospective jurors—including whether they were Jewish. One note said, “I liked him better than any other Jew, but no way. Must kick.”

Another called a prospective juror, “Banker. Jew?” It continued, “Nice guy—thoughtful but never a strong DP leader—Jewish background.”

In addition, the Times reports that in 2005, “John R. Quatman, a former prosecutor in the district attorney’s office, gave a sworn declaration that ‘it was standard practice to exclude Jewish jurors in death cases.’”

An Alameda County trial judge advised Quatman “to make sure that no Jewish jurors were selected. ‘He said I could not have a Jew on the jury and asked me if I was aware that when Adolf Eichmann was apprehended after World War II, there was a major controversy in Israel over whether he should be executed….’ Mr. Quatman added that the judge said, ‘no Jew would vote to send a defendant to the gas chamber.’”

That kind of stereotyping and prejudice has no place in America’s justice system, let alone in cases involving capital punishment. But is it true that “no Jew” would vote for a death sentence?

Let’s consider the evidence.

A look at the Old Testament and the Torah, the compilation of the first five books of the Hebrew Bible, would not support the conclusion that Jews must oppose the death penalty. Indeed, the Old Testament mentions 36 different capital crimes.

The Torah prescribes death as a punishment for offenses, including such things as “violating the Sabbath, worshiping idols and cursing God; sexual sins, including incest, adultery, anal sex between men and bestiality; and various criminal acts, including murder, kidnapping and giving false testimony in a capital case.”

It calls for “death by stoning in the case of a ‘wayward son’ who does not heed his parents’ discipline.”

Deuteronomy 21:18-21 says:

If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken unto them: Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place; And they shall say unto the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard. And all the men of his city shall stone with him with stones, that he die: so shalt thou put evil away from among you; and all Israel shall hear, and fear.

As to methods of execution mandated in the Bible and Torah, stoning is the most common. But burning, decapitation, and strangulation are also allowed particularly for severe offenses.

However, Jewish “law-in-action” was quite different.

As former federal district judge Jack B. Weinstein once explained, “The biblical capital penalty was so hedged with procedural restrictions that execution, as the Jewish law developed, became next to impossible.”

Weinstein says that ancient rabbis labeled executions “murderous.” “Limitation on capital punishment,” Weinstein continues, “was accomplished by meticulous application of rules governing admissibility and sufficiency of evidence.”

For example, rabbis interpreting the Torah said that capital cases “required a 23-judge court, while only three judges sat for non-capital cases…. Two or more eyewitnesses were required to testify to the defendant’s guilt, bearing in mind that it was their hands that would, be the first against him to put him to death…. In a capital case, a one-vote majority could acquit a defendant, but could not convict. Furthermore, if there was a mere one-vote majority or if any judge was undecided, additional judges were added in pairs until the majority ruled against conviction, or until one judge in favor of conviction was persuaded to err on the side of innocence….”

Even where capital punishment survived such hurdles, ancient rabbis insisted “that death be quick, relatively painless and not mutilating.”

And because of their history, Jews would seem to have a special reason to be wary of capital punishment. As Judge Weinstein observes, “Jews have been “burned at the stake by Catholics, hacked to death by the Cossacks and gassed by the Nazis.”

In this country, the Central Conference of American Rabbis and the Union of Reform Judaism came out against the death penalty in 1959. Twenty years later, the Central Conference said that “both in concept and in practice, Jewish tradition found capital punishment repugnant,” and there is no persuasive evidence “that capital punishment serves as a deterrent to crime.”

Public opinion surveys have documented division among American Jews in their views about the death penalty. One study conducted a decade ago found that 33% of Jewish respondents favored the death penalty, while 58% favored a life sentence without the possibility of parole (LWOP) for people convicted of murder.

Jewish support for capital punishment was lower than among any other religious group except for Black Protestants, Hispanic Protestants, and Hispanic Catholics.

In 2016, a Gallup Poll found Jews to be less supportive of capital punishment than Protestants, Catholics, Mormons, or people with no religious affiliation, although 54% still believed it to be “morally acceptable.”

Today Jewish people continue to argue about the compatibility of capital punishment and Jewish values, with some Jews even opposing it after the 2018 mass murder at the Tree of Life Synagogue in Pittsburgh, Pennsylvania.

But whatever their differences, Jewish people and other Americans should be able to agree on two things. First, what happened in Alameda County is typical of the prejudices that course through America’s death penalty system.

And second, it is just another example of why ending capital punishment is long overdue.

(source: Commentary; Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College----verdict.justia.com)

NIGERIA:

Nigerian Court Sentences Man To Death By Lethal Injection For Murder

A High Court sitting in Langtang, Plateau State, has sentenced a man, Nanman Selchang, to death by hanging or lethal injection for the offense of culpable homicide punishable with death.

In a judgment delivered on April 18, 2024, with the CASE NO.: PLD/L 21 CR/2023, Hon. Justice Shikamma Kassam Sheltu found Selchang guilty of stabbing Joshua Nanshep to death with a knife on March 6, 2022, at the Gashim Resort beer parlor in Kwanpe Village, Langtang North Local Government Area.

The court established that on the fateful day, an argument ensued between Selchang and the deceased, Joshua Nanshep, after Nanshep refused to shake Selchang’s hand. The disagreement escalated, leading Selchang to stab Nanshep in the chest with a knife, resulting in his death.

During the trial, the prosecution presented four witnesses and tendered two exhibits, including Selchang’s confessional statement and a photograph of the deceased’s body. The defense, led by counsel R.N. Wuyep, called Selchang as the sole witness and tendered an exhibit.

In his judgment, Justice Sheltu stated that the prosecution had proven its case beyond reasonable doubt, relying heavily on Selchang’s voluntary confessional statement and the corroborating testimonies of the witnesses.

The court rejected Selchang’s defenses of self-defense and provocation, stating that he failed to establish the necessary conditions for these defenses to be successful.

(source: thenigerianlawyer.com)

UGANDA:

Court quashes confessed murderer's death sentence

(see: https://www.newvision.co.ug/category/news/court-quashes-confessed-murderers-death-sente-NV_188146)

ZIMBABWE:

Parliamentary Hearings Residents Demand Death Penalty for Corrupt Officials

Last Monday, the Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs held a pivotal hearing in Bindura as part of a broader series of national consultations on the proposed Death Penalty Abolition Bill. The hearing, which took place at Tendai Community Hall in the Chipadze area, drew a significant crowd, many of whom expressed a particularly severe stance on the application of the death penalty.

Unexpectedly, voices at the hearing demanded that the death penalty be specifically applied to high-ranking officials such as parliamentarians, heads of public office, and ministers found guilty of looting national resources. “The rationale provided by speaker after speaker was stark: abolishing the death penalty would embolden criminals, potentially leading to an increase in severe crimes, as perpetrators would no longer fear the ultimate punishment of death,” explained legal expert Tafadzwa Zimunya.

The hearing in Bindura was part of a week-long session spread across nine provinces, including Mashonaland Central, and other towns like Kadoma, Gweru, Bulawayo, Lupane, Filabusi, Harare, Marondera, Mutare, and Masvingo. These hearings are designed to solicit stakeholder input on three bills currently under consideration, with a particular focus on the Death Penalty Abolition Bill, which was gazetted last year.

Introduced by Dzivarasekwa legislator Edwin Mushoriwa as a private member’s bill, the Death Penalty Abolition Bill aims to amend the Criminal Law Code and the Criminal Procedure and Evidence Act. Following the Cabinet’s approval of the bill’s principles in February, the legislative path for its passage appears clear, signaling a shift towards ending capital punishment in the country.

“Legal experts and political analysts are closely watching these developments,” said political analyst Chipo Dendere. “The intense responses from the Bindura hearing reflect deep societal concerns about accountability and justice, especially concerning corruption at high levels. The push to extend the death penalty rather than abolish it highlights the public’s desire for stringent measures against corruption.”

As these hearings continue, they provide critical insights into public sentiment and potential obstacles for the bill’s advocates in Parliament. The strong opinions expressed in Bindura illustrate the complexities and emotional depth of the debate surrounding the death penalty and broader issues of justice and governance in the nation.

(source: zimeye.net)

JAPAN:

Hakamada found religion, but then felt under attack by ‘the devil’

Editor's note: This is the last in a 4-part series on letters that Iwao Hakamada wrote while on death row.

About a decade after cursing God, Iwao Hakamada was baptized Catholic at the Tokyo Detention House on Dec. 24, 1984.

“Since I have been given the Christian name Paul, I am keenly feeling that I should be aware of the greatness of Paul.” (June 1985)

Hakamada’s 91-year-old sister, Hideko, recalled that her brother had not previously shown a particular interest in religion.

In fact, back in 1973, he bemoaned his situation and vented his strong frustration and anger toward the Creator.

“What crimes have I committed to deserve where I am in now? For what and for how long do I have to be incarcerated or do I have to die in prison? … What a cold treatment. If this is the will of God, no one needs such a God.” (November 1973)

He even wrote, “I sometimes cannot help resenting God.”

After his death sentence for a quadruple murder in 1966 was finalized by the Supreme Court in 1980, Hakamada apparently turned to religion for help.

His letter to a lawyer in March 1982 read: “Jesus Christ teaches, ‘Love your neighbor as yourself.’ But I am being reminded of the difficulty of doing so every day since my neighbors include big enemies, as well.”

Hakamada started correspondences with Catholic followers after he received sweets on Christmas Day in 1982.

When he told Hideko he would be baptized Catholic, she embraced the idea.

“My brother lost sight of how to keep going after his death sentence was finalized despite his hopes for receiving justice,” she recalled thinking.

In a letter to Hideko, Hakamada said he meets a Catholic priest once or twice a month for counseling.

The death row inmate continued to write frequently. He kept a journal about his daily life in prison, touching on various topics, including his petition for a new trial, Christianity and boxing.

But something odd began to creep into his letters.

“Today, the devil’s agents are clinging to my cell day and night, throwing in misfortune on me.” (April 1987)

His accounts of the devil’s “existence” became more detailed and concrete.

“My battle against the devil has entered a new phase lately. The warm radio waves and itchy radio waves, which were both thought to be the greatest weapons in the past, have now tapered off. Instead, a new offensive is taking their place, using techniques that have been narrowed down to three. First, it applies radio waves to the area above my left and right ears. When under this attack from the front, the core of my head spins.” (July 1988)

Hakamada was moved to a cell for the condemned after his death sentence was finalized. Around this time, during Hideko’s visit to the prison, Hakamada complained about “an existence emitting electricity” and “emitting radio waves causing itchiness and pain.”

His writing appeared aberrant, both in content and style. In conventional Japanese writing style, characters are written from top to down in columns that go from right to left.

Hakamada started writing from the opposite side in some letters. And he made numerous grammatical errors.

Naoshi Nakajima, a psychiatrist who heads Tama Aoba Psychiatric Hospital on the outskirts of Tokyo, said Hakamada was suffering from institutional psychosis, or mental illness resulting from prolonged confinement in prison.

Headaches, dizziness and nausea are typical symptoms. Some develop feelings of paranoia.

Nakajima, who has written books on mental health and the criminal justice system, produced Hakamada’s diagnosis in 2008 for the court at the request of Hakamada’s defense lawyers.

The doctor interviewed Hakamada at the Tokyo Detention House for evaluation. Before he reached his diagnosis, he also listened to what Hideko had to say about her brother’s condition and examined many of Hakamada’s letters.

Nakajima said many inmates experiencing mental health issues usually recover in a short period of time. But Hakamada’s case is “extremely rare” since his symptoms are “severe and chronic.”

He had been incarcerated for nearly half a century for a crime he insisted he did not commit. And it has long been argued that physical evidence against him was fabricated.

“As many countries have moved to abolish the death penalty, I believe there are few reports in the world about the mental illnesses of death row inmates stemming from many years of imprisonment,” Nakajima said.

In a letter with a June 21, 1995, postmark, Hakamada asked Hideko to send a shirt and other items to the prison. But what was written on the section for the sender did not make sense.

He got the date mixed up and used a fictitious year. It was the last letter that has remained with Hideko.

After that, his correspondence became infrequent, and he just asked for goods.

In March 2008, the Supreme Court denied his first request for a new trial, 27 years after it was originally made.

But the defense team reached a breakthrough after his second motion for a retrial was filed.

Prosecutors disclosed color photographs of their critical evidence against Hakamada--the bloodstained clothes from the miso tank--to the defense for the 1st time in 2010.

Defense lawyers had insisted on disclosure of the evidence since their first bid for a retrial, only to meet with resistance from prosecutors.

But the prosecution, prompted by the Shizuoka District Court, finally agreed to do so.

The photos paved the way for the defense to conduct scientific studies concerning the color of the bloodstains in the clothing.

The district court ruled there was reasonable doubt about the credibility of the key evidence, leading to its decision in 2014 to allow for a new trial.

The court also made a landmark decision to release Hakamada before the retrial, recognizing his “advanced age” and his “poor mental condition.”

Hakamada was 78 at that time.

Since his release, Hakamada has lived with Hideko at their apartment in Hamamatsu, Shizuoka Prefecture.

But he had to wait nine more years until the retrial finally opened on Oct. 27, 2023, at the Shizuoka District Court.

Hakamada has been exempt from appearing in court due to his mental condition.

Koshi Kunii, the presiding judge of the court, explained that Hakamada is not capable of understanding his position in the trial, and that it is also difficult for him to understand the right to remain silent.

The court is expected to hand down a ruling by the year-end.

Hakamada was 30 when he posted his 1st letter from behind bars. He is now 88.

“He does not have much time left,” said Hideko, adding that she has had only one wish over the past nearly 5 decades.

“My brother has maintained his innocence all along,” she said in a strong tone. “I want to get him cleared soon.”

(This article was written by Kyota Tanaka and Yuri Murakami.)

For details of Hakamada's trial and letters, check out https://www.asahi.com/special/hakamadaletters/en/

(source: asahi.com)

PAKISTAN:

IHC judge for law to award death for those involved in disappearances----Justice Kayani seeks report from interior secretary about recovery of missing poet

Judge of Islamabad High Court (IHC) Justice Mohsin Akhtar Kayani Thursday said that there should be a legislation to award death penalty to those who are involved in disappearance of people. Justice Kayani made the remarks while he was conducting hearing in the missing poet Ahmed Farhad case wherein his wife moved the court through lawyers Iman Mazari Advocate and Hadi Ali Chattha Advocate for recovery of her husband.

During the hearing, the judge said that the people are going missing who talk more about the missing persons’ whereabouts and the poet was picked up for talking about missing persons and it’s a shame because all people know who is doing what. SSP Operations Jameel Zafar and the petitioner’s counsels appeared before the court and informed the bench that Ahmed Farhad went missing from his Islamabad home 2 days ago.

SSP Operations Jameel Zafar said that he had met the wife of the missing person, as far as he knew, he was picked up from outside the house but the license plate numbers are not readable due to the darkness to trace the vehicle.

PFF delegation attends 74th FIFA Congress; holds productive meetings with football powerhouses

He said the FIA is still working on tracing the vehicle numbers. He added that they have written to all the IGs across the country and also to all secret agencies to know the whereabouts of Farhad. Zafar said that they have done geo-fencing and it would take some time as work on CDR and geo-fencing is yet to be done.

Lawyer Iman Mazari said that they have written in their petition regarding the secret agency.

Justice Kayani asked the SSP that whenever you write letters to these institutions, do you ever get any response? The SSP said frankly that there was never a positive response. Justice Kayani said that he has full faith in the police but the problem that lies with the police is that the police investigation does not go ahead after a certain limit. The public prosecutor said that those who were picked up came back saying that they went to Kagan.

Justice Kayani said that the unknown persons have such an ability that they can let the person memorize the lesson in 24 hours. He added that there should be a law having the death penalty in the case of missing persons.

IHC says it didn't stop authorities from blocking SIMs

He hoped that such a law like the Missing Persons Act would be enacted. He also said that the Home Secretary and the Defense Secretary are responsible for forced disappearances.

He continued that if necessary, he would summon the Prime Minister and if they do not take action against the kidnappers, they will be sent packing. He said that he had told the IG that if someone goes missing, the responsibility will be on him.

Later, he sought a report from the Interior Secretary on the next hearing and ordered that an officer of the Ministry of Defense should also appear and adjourned the hearing of the case till Monday.

(source: nation.com.pk)

INDONESIA:

Haas’ father could face death penalty overseas after arrest over drug allegations

The father of Brisbane Broncos NRL star Payne Haas has been arrested in the Philippines on drug trafficking charges with reports he could face the death penalty in Indonesia.

The Sydney Morning Herald reported Gregor Johann Haas was arrested in Cebu City in the Philippines on Wednesday and now faces extradition to Indonesia, having allegedly evaded Indonesian authorities since last December.

Head of the Public Relations and Protocol Bureau of National Narcotics Board (BNN), Brigadier General Sulistyo Pudjo Hartono, said Indonesian authorities had been tracking the 46-year-old after a drug trafficking case from December 5, 2023, when he was found with 5kg of crystal methamphetamine.

While Haas is currently detained in the Philippines, Hartono said authorities were working on extradition to Indonesia.

“We will immediately take him and ask him to reveal his network in Indonesia and other places. He used to move a lot, not only in Indonesia but other countries as well,” Hartono said via Indonesian news agency ANTARA.

The SMH reported Hartono saying: “We suspect him to have networks all over Asia, and we also suspect he has networks in Australia.

“We have good co-operation with Australian police, so we will work with them too.”

However, the report appears to suggest that extradition is no certainty as “one senior figure from the Indonesian National Police believed Australia’s ‘approval’ was necessary”, although Professor of international law at Australian National University Donald Rothwell told the masthead Australia wouldn’t need to be involved.

The Philippines were also a signatory in an international agreement that prohibits extradition if it led to execution.

Australia is no stranger to Indonesia’s hard-line stance on drug traffickers after the Bali Nine ringleaders Andrew Chan and Myuran Sukumaran were put to death in 2015 after a plan to smuggle 8.3kg of heroin from Indonesia to Australia.

The SMH reported the Broncos confirmed it was aware of the incident and was offering support to Haas, who would play for the club against Manly on Friday night at the NRL’s Magic Round.

There are no suggestions any other Haas family members are involved in the allegations levelled at Gregor Haas.

The Courier Mail reported in March that Payne Haas had taken custody of his two younger brothers after Gregor had moved overseas to focus on business interests.

It comes after Haas’ mother Uiatu “Joan” Taufua faces manslaughter charges over a horror crash that killed 3 people in December 2022.

The news comes just days after South Australian man Troy Smith was taken into Indonesian custody while on holiday in Bali with his wife.

It is alleged Mr Smith was carrying 3.5g of methamphetamine.

Indonesian law carries strict anti-drug law and the Port Lincoln father could face a lengthy stint in prison if found guilty.

A Department of Foreign Affairs spokesman said the department was providing “consular assistance to an Australian man detained in Bali”.

“Owing to our privacy obligations we are unable to provide further comment.”

(source: foxsports.com.au)

LAOS:

Lao police seize 14 million meth pills, arrest two suspects----Police say they are investigating the incident and interrogating the men.

Lao police seized more than 14 million methamphetamine tablets during raids on 2 houses in a village in the notorious crime-ridden Golden Triangle area of Bokeo province and arrested two suspects, police in the northern province told Radio Free Asia.

Authorities apprehended Nor Khoua Chong, 29, and Yeng Kong, 38, also known as Songkham, and confiscated guns, ammunition and a pickup truck from the houses in Chiengtong village, Paktha district, on May 12, Lao state media reported.

“We’re investigating the case and interrogating the suspects,” a police officer from Bokeo province, who declined to be identified so he could speak freely, told Radio Free Asia on Wednesday. “Right now, we can’t reveal a lot of information about the case.”

The area where northern Laos converges with Myanmar and Thailand at the confluence of the Mekong and Ruak rivers is a haven for narcotics trafficking, prostitution and online scamming by organized criminal networks.

Though Lao authorities have committed to combating the country’s long-running trafficking of illegal narcotics, the crime remains rife in the Golden Triangle.

In February 2023, authorities seized 500 kilograms (1,100 lbs.) of crystal meth and arrested four smugglers in one of the largest hauls of the narcotic there.

The maximum punishment for smuggling this amount of drugs is death, said a Lao criminal lawyer who requested anonymity for safety reasons.

Most convicted drug smugglers are sent to prisons on isolated islands in the Nam Gnum Dam reservoir in the Keo Oudom district of Vientiane province, he said.

“The islands are like concentration camps for serious criminals awaiting execution,” he added.

Police have stepped up security in Bokeo province, inspecting vehicles they suspect may be transporting illegal drugs along roads in the border areas between districts and provinces, said a resident of the province.

“The 2 suspects might be a part of a big drug smuggling network in the country or region,” the person said.

A Lao man, whose identity is unknown, took to social media to urge authorities to consider tough punishment for the 2 drug smugglers.

“I want to see capital punishment just to deter others from doing the same crime,” he said.

(source: rfa.org)

SAUDI ARABIA:

Kenyan Mother Recalls Troubled Phonecall from Son in Saudi Arabia Prison

As every day goes by for veteran journalist Dorothy Kweyu, her appeal to save her son from execution in Saudi Arabia still seems doubtful despite the government's intervention.

Speaking to BBC, Kweyu clarified that the stay of execution announced by Foreign Affairs Sing'oei Korir was only temporary. She, however, noted that the government had not provided her with further details about the case.

Her son, 50-year-old Stephen Munyakho was set to be executed on Wednesday, May 15, on accusations of murder but a post by Korir on Monday revealed that negotiations were in place to bring the matter to a conclusion.

Kweyu is required to raise Ksh143 million (diyah or blood money) for the release of her son from Saudi Arabia to act as a pardon under Sharia law.

Islamic law provides for a price to stand in for capital punishment such as murder or manslaughter. In the past, those convicted of murder would provide 100 camels as payment. These days, the form of trade has been converted to cash.

She was, however, worried that the temporary stay would be shortlived as her public appeal has only raised less than five per cent (an average of Ksh50,000).

Phone Call

Additionally, she revealed receiving a phone call from her son who informed her that one of his friends had been beheaded inside the prison, placing Kweyu into a deeper state of worry.

"He called me and told me that one of his friends had been beheaded. That was such a dark moment," she pointed out.

Further, Kweyu revealed that the family recently learnt that Munyakho had changed his name to "Abdulkareem."

She also noted that the children have been the most affected in the entire scenario.

"There are times I am hopeful that my dad will come home," 23-year-old Evans Mwanze, Munyakho's youngest child stated.

"Other times I get discouraged and wonder if the worst may happen. I never got to know my father. He left when I was three and that was the last I saw of him."

(source: kenyans.co.ke)

IRAN----executions

A poor woman, Razieh, 33, hanged in the Central Prison of Mashhad

At dawn on Wednesday, May 15, 2024, a woman was hanged in the Central Prison of Mashhad, northeastern Iran. The woman named Razieh was a victim of rampant poverty in Iran.

Razieh, 33, had murdered her 2 young children, 8 and 4 years old, 8 years ago, in 2016, because she could not feed them. Then, she cut her own wrist to take her own life, but she was saved by her sister.

At least 2/3 of the Iranian population lives under the poverty line, with many living under what is called the “death line.”

Razieh is the 7th woman executed in 2024.

According to the information compiled by the Women’s Committee of the National Council of Resistance of Iran, with the execution of Razieh, the number of women executed in Iran since 2007, the number of women executed reaches 237.

The Iranian regime has again stepped up the wave of executions in Iran fearing another potential uprising.

Record holder of executions of women

The Iranian regime is the world’s top record holder of executions of women.

No government in the world has executed so many women. The list does not account for the tens of thousands of women executed in Iran on political grounds.

The NCRI Women’s Committee previously mentioned that many of the women executed by the mullahs’ regime are themselves victims of domestic violence against women and have acted in self-defense.

An average of 15 women were executed every year under the former government in Iran.

However, 26 women were executed under Raisi government in 2023, which is 11 more than the previous average.

The NCRI Women’s Committee calls on the United Nations, the European Union, and other relevant international organizations to take urgent action to save the lives of those on death row and stop the use of death penalty in Iran.

(source: women.ncr-iran.org)

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Mohammad's cousin was executed in Iran after attending a protest. He had one final request----On the first anniversary of his cousin's execution, Mohammad Hashemi is calling for an end to capital punishment in Iran, as experts warn that Tehran is using the measure to "repress dissent" following the large-scale protests.

In December 2022, during a demonstration in Sydney against the execution of a protester in Iran, Mohammad Hashemi received news that hit close to home.

His cousin, Majid Kazemi, had been arrested after taking part in a protest in Iran that carried the popular slogan Woman, Life, Freedom.

"I was doing my best to do anything to echo the Iranian people's voice. But I didn't know that it could happen to me and how close it was," Hashemi told SBS News.

"We were just chanting [against the death sentence], and then, a few minutes later, I realised it was close to my family. It was really shocking for me at first, and I was thinking what's going on?"

The large-scale protests in Iran in 2022, sparked by the suspicious death of Mahsa Jina Amini, led to the arrest of at least 19,000 individuals, with a number of them now facing death sentences, as reported by the Iranian Human Rights Activists News Agency (HRANA).

"Ever since the popular Woman, Life, Freedom uprising in Iran, authorities have used increasingly harsh tactics to suppress descent to this uprising," Nikita White, International Issues Campaigner for Amnesty International Australia, explained.

'One of them was my cousin'

Majid Kazemi was among the thousands arrested for taking part in the protests.

In May 2023, he, along with Saleh Mirhashemi and Saeed Yaghoobi, were found guilty of "enmity against God" and sentenced to death, in what was known as the Isfahan House case.

According to Amnesty International, the authorities imposed the charge based on "unfounded allegations stemming from torture-tainted confessions" that the men used firearms in an incident during protests in which three members of the security forces died.

"I was just checking my Instagram, and I saw the news that three people were sentenced to execution for the Isfahan House case. And one of them was my cousin, Majid Kazemi," Hashemi said.

After the sentence was announced, Hashemi campaigned in Australia against the execution of his cousin, and in Iran, protesters gathered outside the prison where they were being held.

"Those were the hardest days of my life," he said.

On May 19, 2023, the men were executed. Hashemi received the news via a local media report.

"I saw the page had some updates, and it had three pictures of Majid, Saeed, and Saleh, and I just saw the word execution. I totally lost everything. I couldn't believe that they executed him," he said.

"Everything after that was different for me. That moment changed my life forever."

Other protesters, such as Iranian rapper Toomaj Salehi, are facing a similar fate.

"Unfortunately, they are not the only ones," Sara Kowal, the vice president of Capital Punishment Justice Project, told SBS News.

"We have seen many protesters having the same fate."

Executions as a 'tool to repress dissent'

Iran executed at least 853 people in 2023, according to Amnesty, the highest number recorded in the country since 2015.

The figure represents a 48 % increase from 2022 and a 172 per cent increase from 2021.

"What we witnessed over the last few years has been an increase in the use of the death penalty - of executions, of torture and increasing repression of women," White said.

"That has really made worse what was already a pretty horrible situation for human rights in Iran."

According to the Abdorrahman Boroumand Centre for Human Rights in Iran, there have been at least 233 reported executions this year, with Amnesty International confirming at least 95 by March 20.

The Iran Human Rights monitor reported that during the first 10 days of May, 40 individuals were executed - 1 person every 6 hours.

"We believe this is because the Iranian authorities are using executions as a tool to repress dissent," White said.

"That's incredibly chilling and needs more outcry from the international community.

"We're incredibly concerned to see that people who have been executed include protesters, people who are exercising their rights to freedom of expression and freedom of assembly. They also include hundreds of people who have been executed for drug-related offences, ethnic minority groups in Iran, and a lot of unfair trials and torture in detention."

Experts are concerned that the rise in capital punishment comes as the world’s attention is turned elsewhere.

"Global politics, including the conflict in the Middle East, is really distracting global focus on what is happening and this really dramatic increase in state-sanctioned killings in the Islamic Republic of Iran," Kowal said.

"Iran is a signatory to the International Covenant for Civil and Political Rights. Article 6 really limits the use of the death penalty to the most serious offences, and it’s very clear in international law that drug offending or political protest does not reach that threshold at all."

'An increase in the surveillance of women'

There are reports of a renewed crackdown on women in Iran as part of a campaign called 'Noor' which translates to 'Light' in Persian.

The campaign was announced by Iranian authorities on April 13, the same day that Iran launched an unprecedented missile attack on Israel.

On Tuesday, the deputy commander-in-chief of police affirmed that the campaign "is still being taken seriously".

White said in the past few months, Amnesty had reported "an increase in harassment and arrests of women".

"What we have documented in recent months is an increase in the surveillance of women on a mass scale, particularly that women have been surveilled while driving," White said.

"That has led to tens of thousands of women having their cars impounded because they weren't wearing a headscarf."

She said the campaign had detrimentally impacted the daily lives of women who are "receiving prison sentences, [are] being sentenced to flogging, [are] receiving fines for not wearing a headscarf, and [are] being denied access to public places like banks and public transport".

In recent days, vision has surfaced on social media of the violent arrests of women for not wearing the compulsory hijab.

On Tuesday, Iran's Police Information Centre cited a recent video circulating on social media, stating that an officer had, in fact, been arrested and suspended for "uncharacteristic behaviour".

The police also said they "expect the citizens, especially the accused persons (such as the woman whose arrest video was released), to obey the law and the arrest warrant".

White said she was concerned at the lengths the Iranian authorities would go to crack down on women exercising their human rights.

'Don't let them kill us'

Iranians within the community in Australia, like Hashemi, are advocating for their loved ones.

"All the advocacy I'm doing for Majid, I could say it's the most important mission I have in my life," he said.

"I know all the consequences, but I'm not able to be silent anymore because I can see how brutal they can get and that it's coming to every one of us."

In memory of Saeed Yaghoubi, Saleh Mirhashemi and Majid Kazemi, the protest is called ‘Don’t let them kill us’ - The words handwritten on the last note they smuggled out of prison - just before their execution.

A day before their executions, Kazemi, Mirhashemi, and Yaghoobi smuggled a handwritten note out of prison that stated: "Don't let them kill us."

These final words have formed a slogan for protests Hashemi is organising in their memory to mark the anniversary of their executions, held in cities across the world, including Sydney.

"In their last moment, those three pleaded for others to help them. This means that we need to keep doing what we are doing to stop executions in Iran," he said.

"I know it's been over a year since our Woman Life Freedom uprising started. But don't forget these innocent people that were killed. Don't forget them, we need to continue the thing they started until we reach our mission."

(source: sbs.com.au)

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Kurdish prisoner of conscience moved to solitary for execution

Kamran Sheikheh, a Kurdish prisoner of conscience sentenced to death, was today transferred to solitary confinement in Ghezel Hesar Prison in Karaj, Alborz Province, raising concerns about the imminent execution of his sentence.

The transfer came a day after one of his co-defendants, Khosrow Besharat, was executed after spending 2 weeks in solitary confinement in the same facility.

Over the past few months, 6 of Sheikheh’s co-defendants, Ghassem Abasteh, Ayoub Karimi, Davoud Abdollahi, Farhad Salimi, Anvar Khezri, and Khosrow Besharat, have been executed in Ghezel Hesar Prison.

The Kurdistan Human Rights Network (KHRN) has learned that his family has not yet been summoned for a final visit.

Background

Sheikheh, 39, from Mahabad, West Azerbaijan Province, was arrested on 7 December 2009 by security forces in Mahabad and taken to the Ministry of Intelligence detention centre in Orumiyeh, West Azerbaijan Province.

He was interrogated for 8 months on charges of “enmity against God” (moharebeh) before being transferred to Evin Prison in Tehran, where he was further interrogated for 6 months in wards 240 and 209.

On 13 April 2012, he was moved to Rajai Shahr Prison in Karaj.

In March 2016, Sheikheh and his 6 co-defendants were tried in Branch 28 of the Islamic Revolutionary Court in Tehran, presided over by Judge Moghiseh, on charges such as “acting against national security”, “propaganda against the state”, “membership in Salafi groups”, and “spreading corruption on earth”.

On 25 May 2016, they were officially informed of the death sentence.

After the lawyer objected to the issued verdict, the case was referred to Branch 41 of the Supreme Court, presided over by judge Razini, which overturned the verdict in early 2017 and referred the case to Branch 15 of the Islamic Revolutionary Court in Tehran.

After the referral of the case to Branch 15 of the Islamic Revolutionary Court in Tehran, presided over by Judge Salavati, in June 2018, the seven prisoners were again sentenced to death on charges of “spreading corruption on earth.”

Following the lawyer’s objection to the issued verdict, the case was referred to Branch 41 of the Supreme Court, and in February 2020, the verdict was upheld with the pressure from the Ministry of Intelligence.

On 3 February 2020, the prisoners’ lawyer, Mahmoud Alizadeh Tabatabaei, was officially informed of the final verdict.

On 17 September 2017, Sheikheh and 2 of his co-defendants, Khosrow Besharat and Anvar Khezri, were transferred from Rajai Shahr Prison in Karaj to Orumiyeh Central Prison for a court hearing on murder-related charges.

Their trial took place on 30 June 2018 in Branch 12 of the Orumiyeh Appeals Court, which sentenced Sheikheh to death on charges of “premeditated murder” under the Islamic law of qisas, or retribution-in-kind, which gives the victim’s family the right to retaliate.

In August 2023, the 7 prisoners were transferred to Ghezel Hesar Prison after the closure and evacuation of Rajai Shahr Prison in Karaj.

(source: kurdistanhumanrights.org)

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Female prisoner awaiting execution, riot in women’s prison after transferring

A Female prisoner with cancer was transferred to solitary confinement to execute the death sentence.The name of this prisoner sentenced to death is Parvin Mousavi

Female prisoner awaiting execution, riot in women’s prison after she transferred to solitary confinement

According to the Iranian Human Rights Society, on the morning of Thursday 16 May 2024, a prisoner suffering from cancer transferred to solitary confinement to execute the death sentence. The name of this prisoner sentenced to death is Parvin Mousavi.

In protest of this action, female prisoners in the women’s ward of Urmia Central Prison rioted. The female prisoners clashed with the prison guards who entered the prison to suppress them. The prisoner sentenced to death is Parvin Mousavi, 54 years old and from Maragheh.

Parvin Mousavi, sufferings cancer

She has cancer and is living hard. Parvin cannot afford to pay for her medicines. She even fainted several times in prison. But they did not take her to the hospital. Because she has no money to pay for the hospital.

Parvin Mousavi, along with her husband and son, arrested 5 years ago in connection with drugs. She previously transferred to solitary confinement on June 8, 2023, to execute the death sentence, but after the sentence not executed, she was sent back to prison.

Parvin Mousavi, suffering from cancer, is awaiting execution

The most oppression of women in prisons

In the prisons and detention centers of the ruling government of Iran, women have the worst conditions and endure the most severe tortures. Before this, the news about the assault on female prisoners in Tabriz prison published by Iran Human Rights Society. They deprived of the minimum facilities that a prisoner entitled to. In addition to the fact that under conditions of repression in Iranian prisons, the news of many executions, especially the execution of women, not reported due to news silence and government media censorship.

In the meantime, women are executed and imprisoned in absolute injustice and lawlessness. The execution of prisoners on drug-related charges is happening while the leaders of the Revolutionary Guards are operating as the largest transit and drug trafficking mafia in the Middle East. In the past few years, their traces in drug trafficking exposed in several European countries.

(source: en.iranhrs.org)

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Parvin Mousavi to be Hanged in Hours; IHRNGO Calls for Urgent Action to Halt Execution

A woman named Parvin Mousavi and 2 unidentified men on death row for drug-related charges, have been transferred to the pre-execution cells of Urmia Central Prison.

Iran Human Rights calls for urgent action to halt the execution of Parvin Mousavi and the unidentified men due to be executed within hours. It calls on countries that have diplomatic relations with Iran to contact Islamic Republic authorities and demand an immediate halt to the planned executions.

According to information obtained by Iran Human Rights, at least 2 men and a woman were transferred to the pre-execution cells of Urmia Central Prison on 16 May 2024. The woman has been identified as Parvin Mousavi who is around 57 years old. All 3 transferees were sentenced to death for drug-related charges by the Revolutionary Court. They are scheduled to be executed in the early hours of Friday morning.

An informed source told IHRNGO: “Parvin Mousavi is the 3rd defendant in the case, the 1st defendant has already been executed but the 2nd defendant was released. This is the 2nd time she’s been transferred for execution. After the 1st time, Ejei (IR Head of Judiciary) himself told her in front of all prisoners that she would be released.”

“Parvin has been in prison for 4 years and was sentenced to death. She was paid 1 million tomans (approx €15) and told they were carrying medicine but it turned out to be 5 kilograms of morphine. She received the death penalty for 1 million tomans! She has two sons, 32 and 22 years old,” the source added.

Parvin Mousavi who is from a deprived background, was trying to support her family while her husband and eldest son were behind bars.

Of the 7 women executions recorded in 2024 by IHRNGO, 5 were executed for drug-related offences.

(source: iranhr.net)

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4 Nobel Laureates Call To End Iran’s Execution Spree

4 Nobel Peace Prize laureates condemned the escalating executions in Iran on Wednesday as numbers continue to soar.

The statement signed by Shirin Ebadi, Jody Williams, Tawakkol Karman and Leymah Gbowee, said Iran's regime is using capital punishment as a “political intimidation tool to spread fear, silence opposition and desperately hold on to power.”

They noted that “on average, 1 person a day is executed in Iran on trumped up drug-related or vague religious infringement charges.”

An average of 1 execution occurred every 5 hours over the course of 2 weeks, between April 16 and April 30, according to data presented by the Iran Human Rights organization (IHR).

Between January and April 2024, 171 people, including 6 women, were executed.

Since the Women, Life, Freedom protests broke out in 2022, during which over 550 protesters were killed, the Iranian government has increased the pace of executions significantly. In 2023 alone, the country saw at least 834 executions– more than half of which were carried out for drug-related offenses and disproportionately affected minorities such as Kurds.

Amnesty International called the drug-related offenses trials “grossly unfair”. “further entrenching ?discrimination against marginalized communities” as Iran continues to persecute the country’s minorities.

They also called on the UN Human Rights Council, the Special Rapporteur on Iran, and the investigative fact-finding mission "to prioritize the incorporation of a gender lens in their continuous efforts to accurately reflect the extent of gender persecution and gender apartheid in Iran."

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Amnesty Warns of Imminent Execution of Kurdish Prisoner in Iran

Amnesty International is warning of the imminent execution of Kurdish Sunni prisoner Kamran Sheikheh, the last survivor of seven men arbitrarily condemned to death, highlighting the continued escalation in the country's execution spree.

“Earlier today, Kamran Sheikheh, the last remaining survivor of this group, was transferred to solitary confinement, raising concerns he is at imminent risk of execution,” the human rights organization wrote Thursday on X.

Sheikheh was detained in December 2009 alongside Anwar Khezri, Ghasem Abasteh, Ayoub Karimi, Farhad Salimi, Davoud Abdollahi, and Khosrow Besharat.

The Kurdish men faced allegations over reportedly trumped-up charges, including "moharebeh," "corruption on earth," "supporting Salafi groups," and the killing of an imam named Abdolrahim Tina in 2008. The charge of “moharebe” (waging war against God) and “corruption on earth” both carry the death penalty in Iran.

In 2017, the men were sentenced to death, but the Supreme Court overturned the verdict and referred the case to Branch 15 of the Revolutionary Court in Tehran. Despite this, Branch 15 reissued the death sentences in June 2018, and the Supreme Court confirmed these sentences in February 2020.

Besharat was executed this week, two weeks after Khezri, Abdollahi and Salimi were killed in January, and Abasteh and Karimi were executed last November.

In published letters, Besharat and the other defendants repeatedly asserted their innocence, denying the charges against them.

An Amnesty International report last month, titled "Don't Let Them Kill Us" showed that there were an unprecedented number of executions in Iran in 2023, noting that at least 853 were killed – with a large number of minorities, including Kurds, among them.

(source for both: iranintl.com)

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Amnesty Calls for Release of Iranian Rapper on Death Row

Amnesty International has called for the immediate release of Iranian rapper Toomaj Salehi and quashing of his death sentence.

"Dissident rapper Toomaj Salehi is at risk of execution after a Revolutionary Court in Esfahan sentenced him to death in April 2024 solely in relation to his participation in the Woman Life Freedom uprising and social media posts critical of the Iranian authorities," Amnesty wrote in a letter addressed to the head of the Islamic Republic's judiciary.

The human rights organization highlighted the unfairness of Salehi's trial, including his reported torture and lack of investigation into his claims of electric shocks, death threats, beatings, and injuries in prison.

"I call on you to halt any plans to execute Toomaj Salehi, quash his conviction and death sentence, and release him immediately and unconditionally, as he is held solely for the peaceful exercise of his human rights.

"Pending his release, provide him with adequate healthcare and regular visits with his family and lawyers; protect him from further torture and other ill-treatment; and order an independent, effective and impartial investigation into his torture allegations, bringing anyone suspected of criminal responsibility to justice in fair trials.

"I urge you to grant independent observers access to protest-related capital trials and immediately establish an official moratorium on executions with a view of abolishing the death penalty," the letter reads.

Amnesty International further urged Iran to allow independent observers to monitor the case and abolish the death penalty altogether.

Ye-One Rhie, a German MP and advocate for Salehi, condemned the intensified pressure on the rapper after his lawyer appealed the verdict.

Amir Raisian, Salehi's lawyer, stated that the Supreme Court would review the case within days.

He expressed hope for a reversal of the sentence based on legal grounds.

A Revolutionary Court in central Isfahan sentenced Salehi, 33, to death last month.

Salehi was initially arrested in October 2022 after voicing support for the nationwide Woman, Life, Freedom protests that had erupted the previous month.

He released songs criticizing the government and supporting the protests demanding more civil freedoms and women's rights.

He also posted pictures and videos of himself during the demonstrations.

In July 2023, a court sentenced the artist to 6 years and 3 months in prison for "corruption on Earth."

He was released on bail on November 18 after the Supreme Court, responding to an appeal, found "flaws in the original sentence" and returned the case to a lower court for reexamination and possible retrial.

Salehi was returned to prison less than 2 weeks later to face new charges after publicly discussing his torture in prison in a video.

(source: iranwire.com)

MAY 16, 2024:

TEXAS:

Cruel and Unusual----Richard Linklater’s documentary explores the epicenter of Texas’s prison system

Every few years, from childhood until my late teens, my granddad would take me along with him to the small Texas town where he grew up—Normangee, population 522—to visit old relatives and even older graves. The drive took us up I-45, beyond the Houston sprawl, past pine forests, and eventually through Huntsville, epicenter of the state prison system. One of the city’s seven prisons was just off the interstate, and as we passed by I’d stare at the guard towers and barbed wire before turning my attention across the street to the Texas Prison Museum, which had its own mock guard towers in the parking lot. (“Prison” and “museum” were words that never seemed to go together.) Later, I learned that the museum’s central attraction was the wooden electric chair the state used for executions until 1964.

As I got older, I began to associate Huntsville not just with state prisons but with state executions. It always felt strange to pass through this place where human beings are routinely put to death and where many others currently sit on death row awaiting the same fate. Since the state resumed capital punishment in 1982, it has executed nearly 600 inmates, averaging more than one execution per month. For my entire conscious life, it’s been a matter of routine to hear news of another upcoming execution in Huntsville.

How does it feel to live in this city dominated—and economically sustained—by the business of imprisonment? What would it be like to grow up here in the shadow of all those state executions? What stories do the people here have to tell? Richard Linklater explores these questions in Hometown Prison, a moving and intimate new documentary (streaming on Max), part of a series of HBO documentaries inspired by Lawrence Wright’s 2018 book God Save Texas: A Journey into the Soul of the Lone Star State.

Capital punishment and the criminal-justice system may seem like unexpected subjects for Linklater, who’s best known for directing comedies and beloved indie-ish films like Dazed and Confused, Boyhood, and the Before trilogy. But over more than three decades of making movies, Linklater has never been content to stick with a single genre, subject matter, or approach, which is both part of his charm as a filmmaker and an explanation for his wildly uneven filmography. (Check out his IMDb page if you don’t believe me.) This documentary, though, stands out as a meaningful high point in his remarkable career.

Linklater grew up in Huntsville, moving there as a boy with his single mother and staying through college at Sam Houston State University. He played football and baseball with teammates who eventually ended up behind bars or working for the prison system. During his childhood, his mother dated a prison guard, was briefly married to an inmate, and later created a community program to provide food and welcoming conversation to newly released inmates. Riding around town on camera with Lawrence Wright, Linklater shares that he hasn’t been back to Huntsville since his mom’s memorial service, and this film—more personal essay than polemic—allows him to do what any of us might do when we return to where we grew up: drive by the places we lived, point out our personal landmarks, and talk to old friends.

Many of these friends have connections to the prison system. There’s his old classmate (and friend of his mother) who devoted her career to teaching in the prison system, trying to help her students “realize that they had worth and value.” There’s his former football teammate, sentenced to thirty years for financial crimes, who observed how the criminal justice system treats young people of color: “They make you sit in there until you plead guilty…. They just want a conviction.” And then there’s Bill Habern, an attorney friend (and one-time boyfriend) of Linklater’s mother, who devoted his life to fighting for prisoners’ rights.

Habern is one of the film’s standout characters. Bald and white-bearded, with thick-rimmed glasses, blue jeans, and a bolo tie, he greets Linklater outside his Huntsville home (“I think the last time I was here was like ’77,” Linklater laughs), which is adorned with a cattle skull and a sign that says LIFE IS TOO SHORT TO LIVE IN HOUSTON. Inside, he shows him around the new additions, while pointing out one of the “twelve to fifteen bullet holes in the house,” a reminder of those who oppose his life’s work.

Eighty-three years old at the time of the interview, Habern speaks about this work with passion and plainspoken intelligence, criticizing the “plantation mentality” he observed within the Texas prison system as a new lawyer in the seventies. Describing his first federal case—in which he defended Darrell Shaw, an African American student who’d been expelled from Huntsville High School for refusing to submit to corporal punishment—Habern says, “I didn’t know which end of the pencil to hold, but I was so pissed off about it. And that happened to me several times in my life. The situation would get to where I was so pissed off about it, I’d say, ‘We’re gonna do something about it.’”

Habern passed away last August, working almost until the very end of his days. His presence in Linklater’s film stays with me, exemplifying a rare combination of passionate service and good-humored humility. Here’s a person who was motivated by righteous anger without ever seeming to become self-righteous. His life chastens mine: Am I pissed off enough about the many government-sanctioned injustices occurring here in my home state? And am I going to do anything about it?

As I got older, I began to associate Huntsville not just with state prisons but with state executions.

I recognized myself much more in the local figures Linklater interviews who confess to ignoring or preferring not to think about the prisons and routine executions that loom over Huntsville. As one Sam Houston State student says, “It’s something that I don’t try to think about. There’s nothing I can do about it.” Or as Linklater himself says, “At some point, you don’t even really see it.”

One of the university students Linklater interviews, however, notes that “we don’t talk about it enough,” critiquing the way so many Texans respond to the steady drumbeat of state executions. Even those of us who are fully opposed to capital punishment may prefer to ignore the realities of criminal justice in our state, as we ignore so many other realities here. Feeling implicated by Linklater’s film, I remembered this troubling and ever-relevant observation made by William James: “We divert our attention from disease and death as much as we can; and the slaughter-houses and indecencies without end on which our life is founded are huddled out of sight and never mentioned, so that the world we recognize officially in literature and in society is a poetic fiction far handsomer and cleaner and better than the world that really is.”

One strength of Hometown Prison, however, is the film’s interest in exploring the realities of capital punishment and, more specifically, the experiences of people who’ve been present for—or even assisted with—the executions. This includes Fred Allen, a Huntsville High alum who spent sixteen years working at the prison, many of them as part of the “tie-down team” for executions. Allen offers a haunting description of the process and his experiences. After sitting in a waiting area with the inmate for “eight or nine hours at a time,” talking with them and even playing checkers or chess, Allen would bring them to the execution chamber. “When I get to the gurney, I tell them, ‘Hop up on the gurney’…. I always took care of the left leg.” After watching the lethal injection and the inmate’s death, Allen and his co-workers had to “go in there and unstrap ’em.” Imagine being paid to carry out this work, month after month, while the state politicians who adamantly support the death penalty are nowhere in sight.

Eventually, Allen suffered an emotional breakdown. “You keep on doing that and you keep on doing that,” he says, “and eventually you’re gonna break.” The suffering he witnessed and experienced still seems visible in his face. Like a majority of Texans today—though perhaps a shrinking majority—Allen once supported the death penalty, seeing his job as simply carrying out the law of the land. But his experience eventually changed his views: “I’m definitely against it. Period. And that took me a while.” In his view now, life without parole is both an appropriately severe punishment and a way to account for potential errors in the judicial process. “If you find out something, you got the opportunity to make it right,” he says. “After the execution, you don’t have the opportunity to make it right anymore.”

As Linklater himself observes, “The death penalty takes one tragedy, a murder, and expands the pain and suffering to include so many others—all the people involved in the legal and criminal appeals process that get dragged slowly to the death chamber, all the obligatory witnesses, and all the people with various jobs in the system”—and so on, in an ever-expanding circle of pain and suffering. Noting that the Eighth Amendment bans cruel and unusual punishment, Linklater poses one of the key questions of his film: “What could be more cruel and certainly unusual than to have to play a part in or witness another person’s murder, however state sanctioned?”

Inevitably, with a topic of this magnitude, Linklater’s film has its shortcomings. He describes the capital-punishment system as “arbitrary, racist, and classist,” but doesn’t delve much into these inequalities, particularly when it comes to race and criminal justice. He also mentions the state’s execution of an innocent man, Cameron Todd Willingham, but doesn’t actually say anything about the case. And he only barely touches on the heartbreaking experiences and ongoing suffering of the victims’ families in death-row cases.

While the film doesn’t tackle these issues in depth, it shines in its unexpected breadth. Linklater spends moments with family members awaiting their loved one’s execution and a young boy waiting outside the prison for his dad’s release (“He’s changed and he said that his, like, number-one priority would be me…taking care of me and stuff”). He takes us inside the professional and domestic life of a young Hispanic American female prison guard as well as a Nigerian-born high-school student and aspiring model named Tega, whose father, along with much of the local Nigerian immigrant community, works for the prison system. (Tega also serves as the Huntsville High mascot, leading to the documentary’s most charming line: “And then I became Buzzy.”) Generated by Linklater’s warm and open way of approaching his subjects, these empathetic excursions offer their own kind of complexity.

Last year, the number of executions increased nationally for the second year in a row, and Texas played a large part in the increase. But the number of states that impose death sentences and conduct executions continues to shrink. Linklater worries that his home state may one day be the last remaining holdout. Early in the film, we see a chilling clip from the early eighties: a raucous Huntsville crowd cheering on an execution, including a young woman who smiles and chews gum from atop someone’s shoulders, as if she’s attending a concert. Four decades later, such scenes no longer accompany the death penalty in Texas. The state’s next scheduled execution is June 26, and it’s very likely no one will cheer. In fact, most of us won’t even notice.

(source: Burke Nixon is a lecturer in the Program in Writing and Communication at Rice University, where he teaches a course called Fiction and Empathy---- commonwealmagazine.org)

MAINE:

Dannel Malloy named to international commission against death penalty

The University of Maine System chancellor has been named to an international commission seeking the end of the death penalty.

Dannel Malloy will serve on the International Commission against the Death Penalty, the university system announced Thursday morning.

The Spain-based commission works toward the abolition of the death penalty with support from its 24 member countries, including the United States.

“My position on the death penalty evolved through my experiences in the courtroom as a prosecutor and my conversations as Governor with the loved ones of those lost to the most horrific of crimes. Not only did I come to see capital punishment as cruel and inhumane, but I learned that the legal realities of the process meant the family members of murder victims were denied justice and the opportunity to begin to heal and rebuild their own lives for decades,” Malloy said in a statement. “I am incredibly honored to join the Commission and to continue to promote our most fundamental human rights, first among them the inherent right to life.”

His appointment is a recognition of Malloy’s work to end the death penalty while governor of Connecticut, where he served from 2011 to 2019.

In 2012, Malloy signed into law a bill ending the use of the death penalty. But amid political pressure and anger over the prospect that the perpetrators of the grisly Cheshire killings in 2007 would be spared, the bill didn’t overturn the capital sentences of 11 men sitting on death row, according to The New York Times.

That changed in 2015 when the Connecticut Supreme Court ruled the death penalty violated the state constitution, overturning the death sentences of those 11 men. The high court further found that the death penalty constituted cruel and unusual punishment, The New York Times reported.

Despite having the death penalty on the books until 2015, Connecticut had only executed 1 person since 1960.

In announcing the appointment, the UMaine System highlighted Malloy’s commitment to equity, fairness and justice as assistant district attorney in New York and as mayor of Stamford, Connecticut.

Malloy was named chancellor of Maine’s public university system in 2019.

The UMaine System said his appointment won’t interfere with his duties as chancellor and Malloy has pledged to pay out of his own pocket all costs associated with his work for the body.

Other recent appointments to the commission include former U.N. High Commissioner for Human Rights and President of Chile Michelle Bachelete and former Taoiseach of the Republic of Ireland Enda Kenny.

Maine abolished its death penalty in 1887. The last person put to death in Maine — 38-year-old Englishman Daniel Wilkinson — was executed in 1885.

(source: bangordailynews.com)

DELAWARE:

Biery and Tate: Why we should repeal death penalty in Delaware

We fully endorse the passage of House bills 70 and 301, 2 pieces of legislation currently under consideration in Delaware. HB 70 seeks to repeal the death penalty in Delaware, while HB 301 is an amendment to the state constitution, prohibiting execution as a form of punishment.

The death penalty is an inefficient use of resources. Numerous studies on the subject have consistently shown that the costs of litigating the death penalty far exceed those of life sentences. We also know that the death penalty is not applied equitably and is marked by biases and discrimination, often used against minorities and marginalized communities. Also, the data shows that there is a disparity in its application, with a much larger number of cases involving White victims than Black ones, despite the fact that half of murder victims in the U.S. are Black.

Further, the death penalty doesn’t deter crime. Crime rates decline, not rise, when places abolish it.

The death penalty doesn’t achieve justice for victims’ families. Instead, it perpetuates the same cycle of violence it purports to end. Many victims’ families have spoken out on this issue and support abolition. Life sentences in lieu of capital punishment also allow innocent people to be exonerated when wrongfully convicted.

The passing of HB 70 and HB 301 is both a legislative issue and a moral one. The majority of Delawareans support abolishing the death penalty. Please call your legislators and urge them to support these bills!

Megan Biery

Jonathan Tate

Co-chairs, Delaware Democratic Socialists of America

(source: Opinion; baytobaynews.com)

GEORGIA:

Today we re-member Joseph Holcombe Mulligan who was executed by the State of Georgia on May 15, 1987. I could not find another photo of him except this grainy one that was printed in the newspaper at the time.

Mr Mulligan was 35-years-old when he was electrocuted to death, 2 hours after the U.S. Supreme Court, on a 7-2 vote, rejected for the 3rd time his plea for a stay.

Mulligan was the 71st person executed in the United States since the U.S. Supreme Court lifted its ban on capital punishment in 1976, and the 8th in Georgia. A handful of protesters sang hymns outside the Jackson Diagnostic and Classification Center south of Atlanta as Mulligan died. 13 people were arrested earlier in Atlanta when they blocked the entrance to the office building housing the parole board.

Much of the prosecution's case rested on the testimony of Timothy Andrew Helms, who was granted immunity in return for testifying against Mr. Mulligan. Mr. Mulligan and his victims were black. I don't know the race of Mr Helms.

Mr Mulligan maintained that he was not guilty. He said he was on a bus traveling from Atlanta to Savannah when the killings occurred.

After he was placed in the death chair, Mr. Mulligan made a long statement, only portions of which could be heard through the glass partition separating the death chamber from the witness room.

"This has nothing to do with right or wrong," he said. "I am innocent. You are killing an innocent man. I have tried to tell you over and over."

He said his lawyers were "letting me down" and said, "I'm not going to be around to stand up for myself, but I hope somebody else stands up and I hope you know that Georgia's death penalty law is wrong - it's wrong."

If you have memories of someone who has been executed, or can share a fuller story of them beyond their crime, please reach out to me so that I may collect and share these important stories.

Peace,

Cathy

M Cathy Harmon-Christian, PhD----Executive Director, Georgians for Alternatives to the Death Penalty (GFADP)

Join us for "Pulling Back the Curtain: the Medicalization of Executions" on Tues, May 21st, 12-1pm on Zoom: https://us02web.zoom.us/meeting/register/tZYkdu2qpjwuGdx68p7OHoFLlk9JLfGjmCSu

Join us for Legislative Advocacy Day (in person) on June 8th! https://actionnetwork.org/events/gfadp-legislative-advocacy-day-sat-june-8-2024?source=direct_link&

(source: GFADP)

FLORIDA:

Dover double-murder suspect accused of killing 2 in Guatemala may face death penalty

The death penalty may be on the table for the man accused of killing his girlfriend and her 4-year-old daughter at their Dover home last month.

On Wednesday, Hillsborough State Attorney Suzy Lopez said her office will seek the death penalty in the case of Angel Gabriel Cuz Choc.

He is accused of attacking Amalia Coc Choc De Pec with a shovel and a knife and leaving her body in a makeshift shed outside the couple’s trailer.

Her 4-year-old daughter was found stabbed to death in the bathtub.

Lopez says on April 25, a friend picked up Coc Choc De Pec at their home. She stated that Cuz Choc called his girlfried dozens of times and became enraged because she didn’t answer.

A few hours later, she said he ran into the mother and daughter at a grocery store.

Surveillance footage shows the child dancing and twirling while eating a lollipop.

"Watching that surveillance video is truly haunting because we know that she will be brutally murdered just a half hour later," Lopez said.

Cuz Choc took off after the killings, but deputies found him the next day hiding in the woods 2 miles away from the trailer.

The Hillsborough County Sheriff's Office released bodycam video showing deputies arresting a double murder suspect, Angel Cuz-Choc, on Thursday.

Investigators say Cuz Choc is from Guatemala and was in the country illegally. According to the U.S. Border Patrol, he is wanted in Guatemala for the murder of one woman and the rape and murder of another woman.

"This defendant left his home country of Guatemala and entered the United States with a smuggler last year," Lopez shared. "He admitted to our investigators that he entered the country illegally. We can only imagine that it was not to find a better life but to escape punishment for two murders he committed there. One in January 2022 and one in March 2023."

According to investigators, Cuz Choc told them he met Coc Choc De Pec on Facebook while she and her daughter lived in New Jersey.

Cuz Choc added that he moved to Dover with Coc Choc De Pec and her daughter a few months ago so he could find work as a day laborer.

"I can’t imagine the terror both victims went through as they were brutally attacked by this defendant. A mother and her 4-year-old daughter were savagely stabbed to death. This crime was especially heinous, cruel, and atrocious. As a result of the violent nature of the defendant’s actions and the suffering of the victims, we are seeking the death penalty for both murders. This tragedy is made even worse by the fact that the defendant was in our community illegally," said State Attorney Suzy Lopez.

Cuz Choc has been charged with 2 counts of 1st-degree murder, kidnapping, and aggravated child abuse.

He will remain behind bars without bond until trial.

(source: FOX news)

MISSISSIPPI:

Mississippi man handed death sentence for fatal beating of 2-year-old stepson

A 41-year-old Mississippi man was sentenced to death for torturing and murdering his 2-year-old stepson after he got angry because the minor had soiled his diaper and delayed in getting a juice box from the kitchen.

According to WLOX, the punishment was handed out to Joseph David Heard after he was found guilty of capital murder. Joseph’s wife, Hailey Leann Heard, was also implicated in the murder of her son Hayden Lee Bataille. She, however, reached a plea agreement for a reduced 1st-degree murder charge. The plea agreement saw her testifying against her husband.

Hayden’s body was found in Biloxi on December 27, 2021, and Joseph and Hailey were subsequently arrested in connection with his killing in January 2022. Hailey called 911 on the morning of her son’s death to report that it seemed the minor had drowned in the bathtub after she found him unresponsive. Hayden was later pronounced dead at a hospital.

An upgraded capital murder charge was ultimately brought against the couple after authorities established the injuries the deceased toddler had suffered on his body stemmed from him being subjected to abuse. Joseph and Hailey initially faced a charge of felony child abuse.

An investigator who took the stand on May 9 told the court that Hailey spoke with investigators and admitted that Joseph punched her son several times while holding the victim’s arms in one hand, WLOX reported. Hailey also admitted to later covering her son’s mouth to subdue his crying.

Hailey also testified on May 10. She said that before the fatal incident, her son had soiled his diaper and also delayed to grab a juice box from the kitchen. This is said to have angered Joseph, causing him to abuse the minor physically. Joseph also told the court he had temper issues.

“He was a two-year-old punished for soiling a diaper and crying,” Assistant District Attorney George Huffman said. “He was beaten for being a child.”

Joseph subjecting Hayden to abuse was said to be incessant. He also usually sent text messages to Hailey in which he bragged about physically abusing Hayden. That was when he was the minor’s primary caretaker.

“A child should be loved and supported by his parents,” District Attorney W. Crosby Parker said. “Two-year-old Hayden Bataille was beaten and killed for doing what two-year-olds do. The brutal and heinous killing of Hayden called for the maximum punishment under Mississippi law. We commend the Harrison County jury for agreeing with us.”

Hailey was sentenced to life in prison after taking the plea agreement.

(source: face2faceafrica.com)

OHIO:

Death sentence for Punjab-origin man who killed 4 family members in US 5 years ago

A 3-judge panel of the Butler County court at Ohio in the US has sentenced 41-year-old Gurpreet Singh to death after he was found guilty of killing 4 members of family in 2019.

The court on May 10 convicted Gurpreet, a truck driver, of shooting dead his wife Shalinderjit Kaur, 39, his in-laws Parmjit Kaur, 62, and Hakikat Singh Pannag, 59; and his wife’s aunt Amarjit Kaur, 58, at their home in West Chester, Ohio, on April 28, 2019.

Gurpreet, who hails from Khanna, was living with his wife and children at his in-laws’ house, according to media reports.

Gurpreet’s financial troubles and a relationship with a woman were possible motives for the slayings, according to prosecutors.

Judges Greg Howard, Keith Spaeth and Greg Stephens deliberated less than 3 hours last week before agreeing that Gurpreet killed his wife, her parents and aunt, who was visiting them from Punjab.

Gurpreet’s 1st trial ended with a hung jury and mistrial in October 2022. But this time, he opted for a bench trial.

According to public prosecutor Mike Gamoser, Gurpreet committed the heinous crime to clear his path under a conspiracy. “Gurpreet maintained his innocence throughout the trial, but evidence points to him being present at the scene of the murder in his apartment,” he added.

The public prosecutor said that if the accused had admitted his wrongdoing, he would have been sentenced to life imprisonment, but now the evidence has proved him guilty and the punishment is death.

As 121 convicts await their turn to die by lethal injection in the state of Ohio, Gurpreet is the next person to be sentenced on death row, according to media reports.

(source: hindustantimes.com)

TENNESSEE:

Unraveling tangled evidence: Tenn. death row inmate's innocence questioned after 33 years

He is the next man on the list scheduled to die in Tennessee. Gary Sutton has been on death row for 33 years, accused of a vicious double murder in the foothills of the Smoky Mountains.

Yet as time goes on, the case against Sutton looks shakier and shakier.

Carolyn Miller was young and in love with Gary Sutton. She still remembers the day he was arrested for murdering his best friend Tommy Griffin with a shotgun and then burning Griffin’s sister alive in her car.

Miller said they thought that the charges would be dropped after they realized Gary had nothing to do with it.

"We didn’t have money for the right attorneys, the right investigators, and you don’t think you’re going to be put in prison for something you know, you didn’t do and on the backside of it. They know he didn’t do it.," recalls Miller.

Sutton and his uncle James Dellinger were found guilty and given the death penalty. Even though the detective who promised 3 eyewitnesses provided zero.

Zero eyewitnesses, zero motive, no murder weapon, nothing. And all these people they that they said they had they didn’t,” said Miller.

In fact, FOX 17 News found two witnesses who actually felt like their testimony was manipulated.

Barbara Jones told us she never could identify the car she saw or who was in it. Another witness, Jason McDonald says a key part of his testimony was omitted, the part where he saw a car that absolutely didn’t belong to either suspect.

And then, Tina Hartman shows up, a witness never interviewed, who identifies a new suspect, Lester Johnson, with a strong motive.

This all came to light after Miller hired Nashville private detective Heather Cohen to reinvestigate the case.

One of the most alarming aspects, the day they find Tommy Griffin’s body by a creek, there is no evidence of the shotgun shells. Then days later, detectives say they find two shotgun shells perfectly side by side, at the crime scene.

Here’s another problem with the case. The prosecution needed Tommy Griffin to have been murdered on a Friday. It had to be Friday to support their theory.

Three pathologists believe Griffin was murdered on Monday or Sunday because when Tommy Griffin’s body was discovered he was in full rigor mortis. In case you didn’t know, bodies don’t stay in rigor mortis that long.

Nevertheless, Charles Harlan as a witness for the prosecution said Griffin died on Friday.

Dr. Harlan ended up losing his medical license when the Tennessee Board of Medical Examiners concluded he had committed numerous acts of malpractice, fraud, deceit and unprofessional conduct.

This was the doctor who helped convict Gary Sutton. In disagreement with multiple reputable doctors.

“It was scientifically impossible, because when they found Tommy Griffin’s body on Monday Feb. 2, his body was in full rigor mortis. And human body only stays in rigor mortis for up to 36 hours. So, there’s no way that he had been murdered on Friday night," said Cohen.

The case is so shaky a group of lawmakers and other elected officials have asked the governor for a complete review and meeting to discuss Sutton’s case.

I just want to make sure that if we are going to have someone pay that kind of price for a crime, that we are darn sure they are the ones who did it. And there seems to be enough evidence to me to warrant another look.,” said State Senator Page Walley

Meanwhile, Gary Sutton waits, finally hopeful again, not just waiting to die.

“I literally got to a point, Dennis, I've got a family that loves me that knows I didn't do this and I finally reached a point if I kept asking him, they would keep spending money. I mean, they fought and fought and fought, .and I literally reached a point you all need to live your life and quit spending money because I thought I was banging my head against a wall.,” said Sutton on a phone call from Riverbend Maximum Security Institution.

All made possible because of the unlikely return of Carolyn Miller.

She moved on to a new life after Sutton's conviction, and only returned when he had a temporary execution date. It made her want to talk to him. She ended up back in love with him, ready to do anything.

“I know he’s innocent. And I’m going to do whatever I have to do. Whatever I can do to prove his innocence. Because Gary’s been sitting on death row for 33 years for something he absolutely did not do,” said Miler.

There is no timetable for the governor to review the case.

(source: WZTV news)

*****************

Tennessee Governor Bill Lee Signs Bill Authorizing Death Penalty for Aggravated Child Rape Cases

Tennessee Governor Bill Lee has put his signature on a contentious piece of legislation that blazes a new and chilling trail in the state's criminal justice system. Beginning July 1, adults found guilty of aggravated rape of a child could find themselves facing the ultimate punishment—death. This bill, signed into law without much fanfare by Gov. Lee on May 9, has ignited a fiery debate across the Volunteer State.

According to WSMV, SB1834/HB1663, as introduced by Sen. Jack Johnson, R-Franklin, and Rep. William Lamberth, R-Portland, "authorizes the death penalty as a punishment for rape of a child, aggravated rape of a child, or especially aggravated rape of a child." This means that come July, perpetrators of such heinous acts against minors may very well end up on Tennessee's death row.

The ABC News report reveals that the bill's supporters are banking on the chance that a conservatively-leaning Supreme Court might reverse the standing ruling that deems capital punishment unconstitutional in child sexual battery cases. This echoes an approach similar to that which led to the overturning of Roe v. Wade in 2022. "We’re simply challenging a ruling," Republican Sen. Janice Bowling stated during a debate last month.

Not everyone sees the law in the brave light shined by its proponents. Critics, including Democratic lawmakers and child advocates, have expressed deep concerns. They fear the law might backfire, silencing victims who will dread the thought of their testimony leading to an execution—especially since many are abused by family members or close friends. They argue that the new punishment could drive predators to kill their victims to avoid a harsher sentence. "Crimes against children are some of the most heinous that there are," Gov. Lee told reporters on Tuesday, as per Newsweek.

Current execution laws in Tennessee are under scrutiny. With all executions suspended while officials reassess the lethal injection process—a decision sparked by a blistering report last year revealing serious flaws—there's uncertainty about when or how the new law will be fully actionable.

(source: hoodline.com)

************

TENNESSEE WILL ALLOW DEATH PENALTY FOR CHILD RAPE STARTING JULY 1

A Tennessee bill allowing for the death penalty in some cases of child rape was signed into law by Governor Bill Lee. House Bill 1663 authorizes the death penalty in some cases of child rape starting July 1.

Florida passed a similar bill and in 2023 brought its first proposed case involving the death penalty.

The Supreme Court ruled in 2008 in Kennedy v. Louisiana the Eighth Amendment’s cruel and unusual punishments clause prohibits the death penalty in causes where the victim did not die.

House sponsor William Lamberth, R-Portland, said the bill will send a message to potential offenders. He read testimony from victims sent to him supporting the bill while it was on the House floor.

“If someone rapes a child in this state, they should die,” Lamberth said. “Not in every single case, but in those cases that there are aggravating circumstances and those cases where they have multiple prior felonies, multiple victims, multiple victims that are in particularly vulnerable situations. “It should at least be an option for a jury for the worst of the worst offenders out there.”

Rep. Aftyn Behn, D-Nashville, said she opposes the bill and opposes the death penalty in any case. “The death penalty is incompatible with the right to life,” Behn said.

Rep. G.A. Hardaway, D-Memphis, said his concern with death penalty legislation is that studies have shown that men and women of color, those with intellectual disabilities and those without financial means are more likely to get sentenced heavily.

“Until those inequities in the system itself have been addressed adequately, I must vote no on your bill,” Hardaway says. “But that does not change how I feel about the despicable human beings who would rape another human being. And especially the lowlifes that would rape, abuse, sexually assault a child.”

(source: 3bmedianews.com)

UTAH:

Suspect in Utah officer's death formally charged with 9 felonies

The Utah County Attorney's Office on Tuesday announced formal charges against Michael Aaron Jayne, who is accused of using a semi-truck to kill Santaquin Police Sgt. Bill Hooser during a traffic stop on May 5.

The announcement was made at a press conference the day after Hooser's memorial service in Orem. However, prosecutors said they’re not going to answer any questions about the case until the trial is over.

County Attorney Jeffrey Gray read a brief, prepared statement and took no questions. He also said he has received requests for recordings and reports connected to this case, but he plans to deny those requests.

“The jury must do so based only on evidence that is admissible as determined by a judge, not on information a juror might learn from the press," he said.

Gray said his office would be filing all of the charges recommended by law enforcement when Jayne was arrested.

The Utah County Sheriff's Office - the arresting agency - recommended nine charges in total after law enforcement stopped a semi-truck on I-15 after reports of a person on top of the truck's trailer. The Utah Highway Patrol and assisting agencies, including the Santaquin Police Department, pulled the truck over and a woman reportedly escaped from inside. Jayne then drove away, made a U-turn, and used the semi to target the trooper, the woman and Hooser, ultimately hitting and killing Hooser, according to court documents.

He then reportedly fled on foot, stole another vehicle and crashed it more than 150 miles away, where he was taken into custody in Vernal.

The Charges

1st-degree felony aggravated murder targeting a law enforcement officer

1st-degree felony aggravated attempted murder targeting a law enforcement officer

1st-degree felony attempted murder

1st-degree felony aggravated kidnapping

1st-degree felony aggravated burglary

2nd-degree felony vehicle theft

2nd-degree felony vehicle theft

2nd-degree felony vehicle theft

3rd-degree felony fleeing from law enforcement

Jayne could face maximum sentences of life in prison without parole or the death penalty if convicted.

"If Mr. Jayne pleads not guilty at the arraignment, then, by statute, we will have 60 days to file a notice of intent to seek the death penalty," Gray said.

Jayne has also reportedly fled from or threatened law enforcement in multiple states both before and after the Oregon conviction.

Former prosecutor Nathan Evershed, who is not connected to this case, said he’s not surprised the Utah County Attorney wants to withhold certain evidence from the public. He said this is a high-profile case about someone accused of killing an officer, and it’s possible the prosecution could harm their case by releasing too many details.

“I would imagine that the prosecutor could have a concern of a very real threat of a potential change of venue, getting the case out of Utah County,” Evershed said.

Body camera footage has been released to the public during the trial process in other cases before. Could this be seen as a double standard in this particular instance? Evershed said some people may see it that way, but prosecutors are given discretion over which details they release to the press.

“I think each case is very fact-specific and each case is case-specific," he said.

He also said media outlets can talk to the GRAMA board or a judge to try and compel the prosecution to release any body-cam videos, but, that will be a tough argument.

“The press is going to have more of a difficult climb in a case like this where it’s a private citizen that is the defendant and not a public servant that is the defendant,” Evershed said.

Jayne is scheduled to appear in court Wednesday afternoon to be informed of the charges.

(source: KUTV news)

CALIFORNIA:

Federal judge orders review of at least 35 death row cases in California----Attorneys' notes from old cases revealed that racism and antisemitism had factored into the jury selection process.

In one of the most startling discoveries in the California criminal justice system, prosecutors' notes from decades ago show a concerted effort to exclude Black and Jewish jury members from serving in capital cases.

Notes like, "Banker, Jew?" and "I liked him better than any other Jew but no way," were discovered in jury selection notes.

The notes come from the case of Ernest Dykes, who was sentenced to death in 1995.

Brian Pomerantz is a defense attorney representing Dykes and 2 more clients on death row in Alameda County, where these cases were tried.

"This is one of the biggest discoveries of systemic racism that we've ever seen. Certainly with death row, it is the biggest we've seen," Pomerantz said.

A federal judge has ordered all California capital cases in which a defendant from Alameda County is still on death row to be reviewed. Pomerantz is fighting for his clients to be removed.

Pomerantz says some prosecutors believe Jewish defendants are anti-capital punishment, while Black Americans are sympathetic to criminal defendants.

The current Alameda County district attorney, who represents Oakland and much of the Bay Area, is reviewing all its death penalty cases, going back decades, in which a defendant was convicted and is still on death row.

In a statement, DA Pamela Price said, "The Sixth Amendment of the U.S. Constitution guarantees the right to a trial by an impartial jury ... Any practice by prosecutors to eliminate potential jurors because of their race betrays that core pillar of the criminal justice system."

Price says her office is reviewing 35 cases that go back more than 40 years. But Pomerantz believes that's an undercount.

"First of all, it's bigger than 35 cases. ... it's not practical to retry them all. It would probably bankrupt Oakland to retry them. It would be an expensive process, tie up the courts, it would take years to do. It would be a disaster," Pomerantz said.

Generally, trial attorneys can strike jurors during jury selection without explaining their reasoning — what's known as a peremptory challenge — but even those strikes cannot be based on race or religion.

(source: scrippsnews.com)

ALASKA:

Why hasn’t Alaska executed anyone since statehood? Juneau’s last hangings may be the reason.

When Mary Lou Spartz was a senior at Juneau High School in 1948, she says she could hear the sounds of construction at the federal jail a block away from her classroom on 5th and Main Street.

“We didn’t talk about it,” Spartz said. “But you’d sit in class and you’d hear the pounding on that building, and you couldn’t help but notice.”

Spartz said when the murder trial was all over the news she didn’t think much about it. But when preparations started at the federal jail — where the State Office building is today — it began to trouble her. She said she knew it was for an execution.

In 1948 and 1950, Juneau executed two Black men — Austin Nelson and Eugene LaMoore — for the murder of a local grocer. The trials, according to a legal historian who has researched them for decades, were riddled with misconduct and errors.

Seven years after the second execution, Alaska’s Territorial Legislature abolished the death penalty. At the time, one of the legislators leading the abolition movement pointed out that capital punishment had been used almost exclusively against Black and Alaska Native people.

Now, Spartz is 93 years old. She lives just on the other side of Telephone Hill from her old high school classroom. She still recalls how her teachers and parents would avoid talking about the execution and she was left to draw her own conclusions.

“All of a sudden, it kind of occurred to you that this was going to be taking the life of another person. I don’t think we thought of it that way. But there was something going on there that didn’t seem right,” Spartz said. “Didn’t seem right at all.”

2 men sentenced to death

On a December morning in 1946, grocer Jim Ellen was found dead in his store on Willoughby Avenue with his throat cut. Nelson, who had lived in Juneau for several years working odd jobs around town, was arrested the next day and charged with the murder.

In April 1947, a jury convicted Nelson of the murder and sentenced him to death. His lawyers never filed an appeal.

A second man would also be convicted for the murder ten months later. At Nelson’s trial, LaMoore took the stand to offer an alibi. He said he was with Nelson for some of the night and saw him on-and-off during the time when Nelson was accused of having committed the murder.

After LaMoore’s testimony, prosecutors believed that LaMoore must have been involved with the murder as well. They charged him with perjury, and put him in jail, for the purpose of collecting enough evidence to charge him with murder. In 1948, another jury convicted LaMoore and sentenced him to death as well.

‘The duty to correct the record’

“LaMoore wasn’t charged until he had the audacity to try and testify on behalf of Nelson, at Nelson’s trial,” says Averil Lerman, a legal historian who has researched the two cases over the last 30 years. She's currently writing a book about these cases.

She said the executions of Nelson and LaMoore fit a broader pattern in Alaska's history of capital punishment. Nationally, the death penalty has been applied disproportionately based on race, poverty and access to legal representation. Those factors, Lerman says, have more to do with whether a defendant gets the death sentence than the severity of the crime committed or the evidence.

Her research showed the same patterns held true in Alaska.

“The answer was pretty overwhelmingly clear,” she said. “After 1903, the only people who were executed in the territory of Alaska were people who were not white — or people who were viewed as not white by the dominant white majority.”

Lerman worked in criminal law for 20 years and as a post-conviction criminal defense lawyer, examining cases after the defendant received a guilty verdict to see if the conviction had been obtained legally and justly.

“A medical examiner is someone who examines the remains of a person to determine the cause of death and the instrumentality of death,” she said. “I’m kind of like a legal examiner who can look at a conviction and the surrounding information and figure out whether the conviction was probably righteous or not.”

And in the post-mortem of Nelson's and LaMoore's cases, nearly 50 years later, Lerman found a trial transcript that has stuck with her since. It was the testimony of LaMoore, the last person executed in Juneau.

“The transcript that I found changed my life, and has tied itself to my ankle for all the years between now and 1994 when I found it,” she said. “It put a duty on me that I have not been able to shake. The duty to speak, the duty to correct the record.”

Lerman said the justice system failed Nelson and LaMoore at nearly every turn.

“There was extreme prosecutorial misconduct in both of these cases,” she said, as well as serious error by the defense and by the judge.

A retracted confession

The prosecution built their case without any reliable forensic evidence — like blood, hair or fingerprints — in either trial. There was testimony in Nelson’s trial regarding blood, but it was inconclusive, a fact that was admitted by a witness in a written report to the prosecutor, but papered over by the witness at trial. There was no such evidence at all introduced against LaMoore. Lerman says that instead, the prosecution relied on testimony from people who were put under pressure to tell a certain story.

“Much of the prosecution's trial evidence in both of these trials was obtained by either taking advantage of either witnesses who were in terribly vulnerable positions to ensure that they said what the prosecutor wanted them to say or by placing them in incredibly vulnerable positions in order to secure that testimony,” she said.

The only physical evidence that tied Nelson to the crime was a check on the store counter with Nelson’s name on it, dated 5 days earlier.

At Nelson’s trial in 1947, the prosecution had one eyewitness: Dolly Silvers, who was held in the city jail for a month so she would testify against Nelson, Lerman said. Silvers told the jury she saw Nelson leaving Ellen’s store after 2 o’clock in the morning, by himself.

After Nelson’s trial, LaMoore was charged with perjury because he didn’t initially admit to a 20-year-old felony in the state of California, even though he corrected that testimony to the jury. Using that charge, he was kept in jail and in solitary confinement for months, during which he was repeatedly interrogated without appointed counsel.

Then, on June 30, 1947 — the day before Nelson was due to be executed — Nelson told investigators that LaMoore was with him during the crime. Federal investigators brought Nelson to LaMoore's cell that day. Nelson apologized to LaMoore for implicating him and begged LaMoore to help save his life.

The next day, LaMoore signed a typed confession. It said he went with Nelson to rob the store, and that LaMoore was in a different room when Nelson killed Ellen. The statement said LaMoore only found out about Ellen’s killing afterward, when he and Nelson left the store.

The prosecuting attorney filed for a stay of execution for Nelson that read, “it would be impossible to prove a murder charge against LaMoore without the testimony of said Austin Nelson.”

At his trial, in April 1948, LaMoore testified that the “confession” he had signed was false, and that it had been made in order to try to save Nelson’s life. LaMoore said that Nelson had been framed and that he believed that could be proved.

“To give the man a chance to prove he was illegally prosecuted. He asked me to help him save his life,” LaMoore said on the witness stand when asked why he signed the confession.

Lerman says LaMoore’s confession doesn't line up with the evidence — or even with the story the prosecution told during Nelson's trial about how the murder took place.

The confession said the murder occurred around 12:30 a.m. Meanwhile, Dolly Silvers repeated that she had seen Nelson entering and leaving the store much later, after 2 a.m.

Lerman said the prosecutors, the judge, and the investigators all likely knew the story didn't line up, but they wanted a conviction for the murder.

“The cases show that the convictions were obtained by prominent men who were determined to get that result,” she said. Lerman says that LaMoore’s confession was obtained through coercion and should have been thrown out by the judge.

After a three-day trial, a jury convicted LaMoore of murder and sentenced him to death. A few weeks after LaMoore’s conviction, Nelson was hanged on March 1, 1948. LaMoore’s attorneys filed for an appeal, but it was rejected. LaMoore was hanged at the federal jail on April 14, 1950.

Alaska abolishes the death penalty

No one has been executed by the government in Alaska since.

Lerman says that’s likely in part because of Nelson and LaMoore. Their trials and executions changed the public perception of the death penalty in Alaska as its leaders began to shape the new state’s laws.

“The men who suffered this fate changed history,” she said.

Warren Taylor was a member of the Territorial Legislature of Alaska in 1957. He and legislator Vic Fischer helped write the constitution for the territory, which was done to show the federal government that Alaska was ready for statehood.

Taylor asked Fischer if he wanted to co-sponsor a bill abolishing the death penalty, according to Fischer’s 2012 autobiography To Russia with Love: An Alaskan’s Journey.

“When the time came, Warren rose and gave the greatest speech I ever heard in the Legislature,” Fischer wrote. “He went through the history of the death penalty in Alaska, the 8 men hung, only 2 of whom were white Americans, although most murders were committed by whites. He related the shoddy evidence and procedures that sent the men to death, in cases that no jury would convict today.”

Taylor addressed the disparities of the death penalty during the bill’s hearings.

“[The death penalty] now only falls on some poor, unfortunate, ignorant, homeless individual who was hornswoggled from the time he gets into court,” Taylor testified in 1957, the Fairbanks News Miner reported.

The Territorial Legislature voted to ban execution in 1957, 2 years before statehood.

Have things changed?

In the 1990s, the state Legislature considered several bills to reinstate the death penalty. It wasn’t the first time Alaska lawmakers introduced death penalty bills, but that’s when Lerman began studying the state’s history of capital punishment with the advocacy group Alaskans Against the Death Penalty.

She says that often when horrible crimes are committed, the community wants to see punishment and revenge, but those things aren’t the same as justice.

“Vengeance and justice are never going to be found in the same bed, by definition,” she said.

When the justice system looks for someone to blame, the most vulnerable people often take the fall, she said.

Juneau’s only other official execution happened in 1939. An Indigenous man living in Ketchikan named Nelson Charles was convicted of killing his mother-in-law. He claimed responsibility for her death after stabbing her.

But Charles, Nelson and LaMoore were not the only people convicted of homicide in Juneau. White men who committed murder rarely faced the same fate.

“Between 1939 when Nelson Charles was hanged, and 1950 when LaMoore was hanged, there were many other homicides in Juneau and Southeast Alaska. None of the other wrongdoers, however, were executed,” Lerman said in 1995.

One of the prosecuting attorneys in the trials of Nelson and LaMoore, Robert Boochever, also worked on the case of George Meeks, a white man who was convicted of killing a construction worker in 1948. He was sentenced to life in prison.

Lerman spoke to Boochever in 1995, when she was researching these trials.

“He stated that he believed that, if George Meeks had been black, he would have been sentenced to hang like Nelson and LaMoore. Instead, he was sent to the penitentiary,” she wrote.

Nationally, nearly 200 people have been exonerated from death row in the last 50 years, many by DNA evidence. While forensic science has come a long way, Lerman said the justice system still has many of the same problems it did in the 1940s, and she doesn’t want to look away from that.

“You cannot avoid the fact that people are still getting wrongly convicted all the time in our courts,” she said.

Since statehood, Alaska has never had a death penalty, but Lerman says it’s important to remember why that is. She’s close to completing her book about Nelson and LaMoore. She says it details the very human flaws of the justice system and the risks of giving it the power to kill.

(source: alaskapublic.org)

USA:

U.S. Death Row Population Falls Below 2,300 for 1st Time Since 1989----14% of Death Row a Product of Non-Unanimous Verdicts or Judicial Override of Jury Votes for Life

The U.S. death row population has fallen below 2,300 for the 1st time since 1989, according to data compiled for the Legal Defense Fund (LDF) Death Row USA census, marking the latest milestone in 23 consecutive years of U.S. death-penalty decline.

LDF’s Fall 2023 issue of Death Row USA (DRUSA), released May 13, reports that 2,262 men and women were imprisoned on state, federal, or military death rows in the United States or faced continuing jeopardy of death in pending capital retrial or resentencing proceedings as of October 31, 2023. The last time LDF recorded a smaller U.S. death row population was in July 1989, when DRUSA reported that 2,210 death-sentenced people faced jeopardy of execution.

A Death Penalty Policy Project (“DP3”) review of the data found that the convictions or death sentences of 162 of the individuals in the Fall 2023 census had been overturned in the courts pending appeal by prosecutors or awaiting retrial or resentencing proceedings. That left 2,100 men and women with active death sentences. Excluding death-sentenced individuals in jurisdictions with formal moratoria on executions (California, Pennsylvania, and the federal civilian death row), LDF reported that 1,333 people faced active and enforceable death sentences.

For the first time, the DRUSA census also measured the disproportionate impact of death sentences imposed by judges after non-unanimous jury votes favoring death or overriding jury votes for life. Using sentencing data collected by DP3, LDF reported in its Spring 2023 DRUSA (also released May 13) that 326 people currently at risk of execution had been condemned under these outlier practices. Alabama and Florida alone accounted for 324 of the non-unanimous/judicial override sentences, or 14.0% of the U.S. death row population. By contrast, 150 people facing the death penalty in Alabama or Florida were sentenced to death by unanimous juries or in cases in which defendants waived juries in favor of judicial sentencing — 7.6% of the those death sentences imposed nationwide.

More than 3/4 of those facing execution in Alabama as of April 1, 2023 (129 of 167, or 77.2%) had been sentenced to death despite the votes of 1 or more jurors for life. Nearly 3/5 of Alabama’s death row (98 people, 58.6%) were condemned following non-unanimous jury recommendations of death; nearly 1 in 5 (31 cases, 18.6%) were sentenced to die despite their juries having voted for life.

Alabama no longer permits judicial override but has refused to overturn the death sentences of those sentenced to death under that practice.

Even more individuals in jeopardy of execution in Florida on April 1, 2023 had their death sentences imposed following non-unanimous jury votes for death or as a result of judicial override of a jury’s recommendation for life. 193 of the 307 death-row prisoners or individuals facing capital retrial or resentencings — 62.9% of Florida’s death row — were sentenced under these procedures, 191 with one or more jurors dissenting from a recommendation of death and 2 by judicial override of a jury-recommended life sentence.

Summary of Prisoners Sentenced to Death After Non-Unanimous Jury Votes or Judicial Override Of Jury Vote for Life from Legal Defense Fund, Death Row USA, Spring 2023, at p.36.

As of April 1, the death sentences of 69 of the state’s death-sentenced prisoners had been overturned in the courts, most because of the unconstitutionality of the state’s prior judicial sentencing statute. By October 1, according to the Fall 2023 DRUSA, the number facing execution because of non-unanimity had fallen to 180, largely a result of non-capital outcomes in those reversed cases.

Florida repealed its law permitting judicial override and non-unanimous death sentences in 2016, but did not apply those changes to prior cases. After three jurors voted to impose a life sentence on Nikolas Cruz because of evidence of his mental illness, Florida reversed course. Its death penalty law now permits trial judges to impose death sentences even if one third of the jurors in the case have chosen life — the most lax standard in the nation for jury capital sentencing.

Missouri is the 3rd state in which individuals with jurors who voted for life are on death row: Lance Shockley and Craig Wood. Both were judicially sentenced to death under the state’s “hung jury” sentencing statute, which requires the trial judge to independently determine a defendant’s sentence if the capital sentencing jury in the case does not reach a unanimous sentencing recommendation. Missouri trial judges have the power to impose a death sentence even if as many as 11 jurors vote for life, as happened in the case of former death-row prisoner Marvin Rice in 2017. The Missouri Supreme Court later overturned Rice’s death sentence on unrelated grounds and a new trial judge ultimately resentenced him to life.

Death Row Down More than 4% in 1 Year

The 2,262 men and women reported by DRUSA as sentenced to death or facing continuing jeopardy of execution in pending capital retrial or resentencing proceedings as of October 1, 2023 are 101 fewer than the 2,363 reported to be on death row in LDF’s Fall 2022 DRUSA. That represents a 4.3% 1-year drop and a more than 39% decline from the 3,717 who faced active death sentences or the possibility of capital resentencing when death row peaked in July 2001. More than half of the 1-year decline came in jurisdictions with moratoria on execution, whose combined death-row populations fell to 804 from a reported 855. The moratorium jurisdictions account for 35.5% of those on death row or facing possible reimposition of reversed death sentences as of October 1, 2023.

California’s 647-person death row, down by 21 (3.1%) over the course of a year, remained the nation’s largest, still more than double that of any other state. Florida’s death row fell from 316 to 298 (5.7%), the 1st time in 34 years it had fewer than 300 individuals sentenced to death or facing potential capital resentences. Texas (185), Alabama (167), and North Carolina (139) were the only other states with more than 125 people on death row or facing potential capital resentencing proceedings.

Nationwide, 57.7% of those on death row or in jeopardy of capital resentencing were individuals of color. 42.3% were White, 40.9% were Black, 13.9% were Latinx, 1.9% were Asian, and 1.0% were Native American. Among states with at least 10 prisoners on death row, Texas (74.1%), Nebraska (72.7%), Louisiana (71.3%), California (66.9%), and Mississippi (66.7%) had the highest percentage of individuals of color on death row. BIPOC individuals also comprised 60% or more of those on death row or facing potential capital resentencings in North Carolina (61.2%) and Georgia (60.0%), and more than 59% of the death-row populations of Oklahoma (59.5%), Ohio (59.2%), and Pennsylvania (59.1%).

LDF recorded 50 women on death row as of October 1, 2023, or 2.1% of the national death-row population.

Here are links to the Spring (https://www.naacpldf.org/wp-content/uploads/DRUSASpring2023-FINAL.pdf), Summer (https://www.naacpldf.org/wp-content/uploads/DRUSASummer2023.pdf), and Fall (https://www.naacpldf.org/wp-content/uploads/DRUSAFall2023.pdf) 2023 Death Row USA issues.

The Death Penalty Policy Project (“DP3”) is a 501(c)(3) non-profit organization housed within the Phillips Black Inc. public interest legal practice. DP3 provides information, analysis, and critical commentary on capital punishment and the role the death penalty plays in mass incarceration in the United States.

(source: dppolicy.substack.com)

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“I Just Wanted…to Stay Alive”: Who was William Henry Furman, the Prisoner at the Center of a Historic Legal Decision?

HISTORY OF THE DEATH PENALTY GEORGIA

Furman v. Georgia was one of the most monumental cases in American legal history: the 1972 decision overturned every state death penalty statute in the country and spared the lives of nearly 600 people sentenced to die. But the lead petitioner, William Henry Furman, was little aware of his impact. Poor, Black, mentally ill, and physically and intellectually disabled, he was sentenced to death for the killing of a homeowner during a botched robbery, which he maintains was accidental. “If…petitioner Furman or his crime illustrates the ‘extreme,’ then nearly all murderers and their murders are also ‘extreme,’” wrote Justice William Brennan in the decision. Now elderly, Mr. Furman lives quietly in Georgia and continues to oppose the death penalty.

Before the night of August 11, 1967, 24-year-old Mr. Furman had been living with his mother and working construction. With only a sixth-grade education, and suffering from bouts of psychosis brought on by epilepsy, he struggled to make ends meet amidst a growing dependency on alcohol. He had a string of convictions for petty crimes and says he was known as the “Bungling Burglar.” He broke into the home of William Micke after a day of heavy drinking hoping only “to pick up a radio or two.” But Mr. Micke heard a noise and woke up. Mr. Furman fired a gun through a closed door as he fled, killing Mr. Micke with one shot. According to Mr. Furman, the gun went off when he tripped on a wire from the washing machine, and he had no idea he had hit anyone.

Police followed a set of tracks and found Mr. Furman hiding under his uncle’s porch with the gun in his pocket within minutes of the death. Mr. Furman confessed to breaking into the home and firing his weapon, but as David Oshinsky wrote in his book chronicling the history of the case, Mr. Furman “seemed stunned to learn that the homeowner was dead.” The state charged Mr. Furman with felony murder and sought the death penalty. The court then appointed local lawyer B. Clarence Mayfield to represent Mr. Furman for $150—a stroke of luck which eventually brought the case to the attention of prominent abolitionists looking for a vehicle to challenge the death penalty at the Supreme Court.

Mr. Mayfield was one of the only Black attorneys in Savannah and was closely involved with the Civil Rights Movement. According to Mr. Oshinsky, Mr. Mayfield viewed the death penalty “as a punishment reserved for society’s outcasts, especially poor blacks” like Mr. Furman. Mr. Mayfield entered a plea of insanity and had Mr. Furman medically evaluated before trial; a panel of doctors at Georgia Central State Hospital unanimously agreed on a diagnosis of “mental deficiency, mild to moderate, with psychotic episodes associated with convulsive disorder [epilepsy].” They found that Mr. Furman was “not capable of cooperating with his counsel in the preparation of his defense” and recommended further psychiatric hospitalization. Despite these findings, the court judged Mr. Furman competent to stand trial.

Mr. Mayfield called Mr. Furman to testify at trial and explain that the shooting was an accident and he “didn’t intend to kill nobody,” but was not surprised when the jury returned a finding of guilty and a sentence of death the same day. With a jury of 11 whites and one Black in 1960s Georgia, Mr. Mayfield saw the outcome as nearly inevitable. However, he raised awareness of the case with his civil rights colleagues, which led to Mr. Furman’s appeal eventually being selected by the NAACP Legal Defense Fund (LDF) in their constitutional challenge to capital punishment.

“It was black on white. A black man killed a white man. That did it. A white judge, a white jury—they wouldn’t need to know anything else when they heard black on white. The black man was done for.”

Though Mr. Furman had been judged competent at trial, the state sent him back to Georgia Central State Hospital after his trial instead of to death row, in an apparent acknowledgement of his serious mental impairments. He was there on January 17, 1972 when LDF lawyer Anthony Amsterdam argued on his behalf at the Supreme Court that death sentences were inflicted on the “predominantly poor, Black, personally ugly, and socially unacceptable.” Mr. Furman remembers watching reporters arrive through the bars on his window at the hospital 6 months later on June 29, the morning the decision in Furman v. Georgia was announced. Mr. Mayfield also drove to the hospital to deliver the news to Mr. Furman directly. However, Mr. Oshinsky writes, Mr. Furman “stared blankly at his lawyer, unable to recognize him, much less understand the legal history they had made.”

Mr. Furman was released on parole in 1984 and struggled to land on his feet. He sporadically worked construction and went through periods of homelessness, taking shelter in cars and abandoned houses. Legal journalist Joan Cheever tracked Mr. Furman down in the late 1990s as part of her project investigating the outcomes of the “Class of ‘72”—the people who had their death sentences overturned as a result of Mr. Furman’s case. After looking for Mr. Furman for 13 years, she found him living in Atlanta in a duplex, in poor health but, as she described it, a strong zeal to live.

“At 56, Furman is in bad shape, physically and mentally. He seems slow. He doesn’t know his own telephone number and has to bring me the phone book, on which his number has been scribbled in pencil. He has trouble with his eyes. I don’t know if he can write.”

Mr. Furman told her that he’d had 2 heart attacks since his release, experienced difficulty breathing, could not walk for long periods, and had to quit construction work. However, he had also quit drinking, and he spent his time volunteering at a Methodist soup kitchen and collecting aluminum cans. He had never married and had no children. “It’s still rough on me,” he told Ms. Cheever of his experience. “I think about it a lot. Once or twice I thought I would be executed. I came close to death. I try to put it in the back of my mind. I think to myself—I’m here. I have more time.”

In 2006, Mr. Furman was sent back to prison for burglary. He was released in 2016. Reuters reported at the time of his release that Mr. Furman “wants to share his experiences with young people, counseling them to avoid the alcoholism and petty theft” that led to the events of August 11, 1967. “I still believe the death penalty is cruel and unusual punishment,” Mr. Furman said.

Ms. Cheever once asked him how he felt about his “contribution to the abolition of the death penalty.” He seemed startled, she wrote. She repeated: “Mr. Furman, your case is the one responsible for saving the lives of 588 people on death row. How do you feel?” He shrugged. “I didn’t do nothing back then but try to stay alive. I just wanted…to stay alive.”

(source: Death Penalty Information Center)

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The Last Laugh: The Moral Quandary of Comedy in Capital Punishment Discourse

In light of Alabama's recent controversial decision to move forward with nitrogen gas as a means of execution despite a torturous first effort, the authors draw on their backgrounds in medicine, comedy, and ethics to reflect on the role jokes can play in public discourse around the death penalty… Recently, the Alabama Supreme Court approved a request by the state to execute Allan Eugene Miller with nitrogen gas. This will be the second time Alabama will attempt to execute Miller and the second use of nitrogen gas for the purpose of execution. Alabama wants to kill with nitrogen gas despite widespread reporting of a torturous death on the first go around. The facts of execution do not obviously lend themselves to comedy, yet the satirical news site The Onion posted a story about lethal gas execution. This is not The Onion’s first foray into stories about capital punishment.

Serious subjects like capital punishment don’t appear to lend themselves to comedic portrayals, yet comedy can sometimes disarm subjects otherwise inaccessible. To cope with tragedy, we must make fun of what feels existentially unacceptable. It, therefore, must be true that jokes about capital punishment can be funny, even hilarious. The deeper question here is a moral one. Should we permit humor around certain subjects? Do we ban it, or do we double down? When The Onion attempted to make a joke about execution, the real transgression might not be the subject matter per se. The real problem might not have been that the joke wasn’t funny but that it wasn’t funny enough. Contemplations about comedy reveal our attitudes toward capital punishment by a method not generally utilized.

As a place to begin, consider the example of a joke. Regarded as the prototypical form of verbal humor, a joke has two basic elements: the set-up and the punchline. The set-up is a narrative or dialogue, and the punchline leads to a re-appraisal of the set-up in the form of surprise. The set-up creates a moment of tension, and the punchline breaks the tension. The relief of tension causes laughter, a stereotypical physiologic reflex without an obvious biological reason apart from tension relief. Humor is elusive, and genuine laughter reveals it like the irrefutability of a lightning strike. Humorous language cannot stand on its own since language makes sense only in the position of discourse, that is, in the situational and cultural context. Discourse analysis can function as a tool to understand humor by considering who is speaking, who is the intended audience, and why some jokes fall flat.

In “The Act of Creation,” Hungarian-born and unfunny author and journalist Arthur Koestler illustrates a principle of comedy with a joke that was also a favorite of Freud. As the joke is told, the Marquis in the court of Louis XV enters his bedroom to find the bishop making love to his wife. After observing them in flagrante, the Marquis calmly steps to the window, opens it, and extends his arms, blessing the people on the street below. “What are you doing?” cried the anguished wife. “Monseigneur is performing my functions,” replied the Marquis, “so I am performing his.”

Koestler explains that the joke works because the Marquis’s behavior is “both unexpected and perfectly logical—but of a logic not usually applied to this type of situation.” A reasonable reader of this joke would naturally expect the Marquis to respond with anger or violence but instead considers the situation and instantly reconfigures his own job in an undeniably logical but absurd fashion. The reader is instantly relieved – humor turns the tension of humiliation into laughter. Koestler was interested in the deeper question of the broader nature of creativity and defined it as the “defeat of habit by originality.”

Humor is a response to this clash of rules. Context produces the comedy. Koestler writes, “The tension that was felt becomes suddenly redundant and is exploded in laughter.” To Koestler, laughter is “the sudden transformation of a tense expectation into nothing.” Koestler knew that humor was not trivial. At the root of humor lay aggression and apprehension. Implicit in laughter lies the insult, and the powerful go to great lengths to thwart anyone who might laugh at their expense. Koestler knew dictators feared laughter more than bombs, and tyrants drive humor underground.

Israeli writer Etgar Keret claims that humor is a form of protest of the weak against the strong. The documentary film “The Last Laugh” further unpacks this point by examining the question about the ultimate taboo as comedic material – can we make jokes about the Holocaust? The film explains that making fun of the weak isn’t funny, or, put in another way; Nazi jokes are OK; Holocaust jokes aren’t. Jokes about rape are similarly considered. A rape joke can be about our clueless culture that demeans and devalues the sexual agency of women. Comedian Amy Schumer takes this on expertly in a parody of Friday Night Lights, where football players can’t understand the coach’s rule against rape; “Can we rape at away games?” These sorts of jokes can only land when our sympathies are with the victims.

Donald Trump turns this pattern upside down. His well-known style mocks the powerless. What is uncomfortable about this style of humor is that it reveals the truly seditious nature of comedy—sometimes, even the powerless are absurd despite hoping otherwise. There will always be things we want to say that we are uncomfortable saying. Comedy provides plausible—or implausible—deniability. An explanation of humor can cover up objectional claims based on the wrong idea that an idea or statement bites less if it is seen as a joke. The bigger the laugh, the harder the bite.

Jokes about capital punishment must first address the question of who has the power. When former Trump campaign manager Paul Manafort and former Trump lawyer Michael Cohen were convicted, don’t drop the soap jokes – a reference to homosexual prison rape, became common internet posts. This is a false joke as it reveals the teller’s cruelty and not the humor. Broadly, our attitude towards prisoners is grim. Though we recognize prisoners are commonly victims of broad social inequity, our actions reveal the current cold lack of mercy. Any review of the current culture wars demonstrates a large portion of the population supports both thinking and government policy that continues to disenfranchise the poor and communities of color that also make up the largest part of the prison population. Prisoners on death row experience prolonged incarceration. Of all prisoners currently on death row in the US, more than half have been waiting there for more than 18 years. This is long enough to create a community and a culture. In conversations with death row prisoners, comedy is present and welcomed. Joke-telling and wit are part of daily life.

In Executing Freedom, historian and author Daniel LaChance makes the interesting observation that the American public’s trust in government is inversely proportional to support of the death penalty. A similar inverse logic might apply when considering whether a death penalty joke is funny. Our reaction to death penalty humor tells us more about how we feel about the death penalty than what we think about comedy. If one imagines prisoners to be powerful, a joke at their expense might be funny. If, by prolonged incarceration and rehabilitation, we now believe prisoners have been transformed from perpetrator to victim, state corrections must be the punchline.

In The Onion joke, the set-up is a report on a story that Arizona intends to carry out executions with a refurbished gas chamber that will use hydrogen cyanide, the same gas used by the Nazis at Auschwitz. In the spirit of investigative journalism, The Onion seeks commentary on the story from the man on the street. In the punchline, a passerby remarks, “It must be a relief to have so much strong data on effectiveness.” Who gets the last laugh? Humorist Erma Bombeck remarked on the thin line separating laughter, pain, comedy, and tragedy. Incarceration is, by definition, a loss of power. If Alabama succeeds in executing Allan Eugene Miller with nitrogen gas, it will be a tragedy. Tragedy is something awful happening to someone else, while comedy is something awful happening to someone else. Any attempted joke at the expense of a prisoner is no joke at all.

What do we call a prison joke that isn’t funny? A sentence.

Joel Zivot is a practicing physician in anesthesiology and intensive care medicine and a senior fellow in ethics at Emory University in Atlanta, Georgia. Zivot is a recognized expert who advocates against the use of lethal injection in the death penalty and is against the use of the tools of medicine as an arm of state power. Follow him on “X”/Twitter @joel_zivot

Olivia Zivot currently works as a middle school special education teacher. Since 2017, she has performed stand-up comedy in the Czech Republic and the US. She credits her entry into stand-up when a comedian she respected made the mistake of telling her she was funny. Olivia has a BA in psychology and an MA in history and sociology.

(source: Commentary; Joel Zivot and Olivia Zivot; Edited by: Ingrid Burke Friedman, JURIST Editorial Director----jurist.org)

*****************

Outrage at GOP Plan for Execution Spree If Donald Trump Wins

A conservative plan to execute every person on federal death row if former President Donald Trump returns to the White House has sparked alarm and outrage.

13 prisoners were put to death in the final months of the 1st Trump administration in an unprecedented run of federal executions.

President Joe Biden has not kept a promise to abolish the federal death penalty, although his Justice Department announced a moratorium on federal executions in 2021—a pause that could end if Trump wins in November.

Much of the planning for a possible 2nd Trump term has been unofficially outsourced to Project 2025, a coalition of conservative organizations, The Washington Post reported in November.

In April 2023, Project 2025 released a 900-page report called "Mandate for Leadership: The Conservative Promise," which lays out policy proposals to thoroughly reshape the federal government in the event of a GOP win in the 2024 presidential election.

More than 500 pages into the report, Gene Hamilton, a former Trump administration official, wrote in a chapter on the Department of Justice that the next conservative administration should "do everything possible to obtain finality for the 44 prisoners currently on federal death row."

Death penalty opponents say the report indicates that a 2nd Trump administration would not hesitate to carry out federal executions in quick succession—and that it should serve as "a wake-up call" for the Biden administration to commute the sentences of people on federal death row.

In the report, Hamilton wrote about not only resuming the death penalty but expanding it, saying the next conservative administration "should also pursue the death penalty for applicable crimes—particularly heinous crimes involving violence and sexual abuse of children—until Congress says otherwise through legislation."

Hamilton added in a footnote that pursing the death penalty for those convicted of sexually abusing children "could require seeking the Supreme Court to overrule" Kennedy v. Louisiana—a 2008 case in which justices outlawed the executions of those convicted of raping a child—but that the department "should place a priority on doing so."

Newsweek has contacted the White House, the Biden campaign and the Trump campaign for comment via email.

Abraham Bonowitz, the executive director of Death Penalty Action, told Newsweek that Trump's "personal fetish for power is on steroids when it comes to executions."

The plan "to massively increase executions should he be elected should be deeply concerning to everyone," Bonowitz continued, adding that Trump "has said he wants to execute U.S. military leaders and other U.S. government officials who opposed his off-the-rails and treasonous agendas. Someone needs to remind him he is running for president of the United States of America, not North Korea."

The Reverend Jeff Hood, who has been a spiritual adviser to dozens of people on death row, told Newsweek that "the promises of mass execution are disturbing but not surprising."

He added, "We must do everything we can to keep such horrors from happening."

Austin Sarat, a political scientist who has written extensively about botched executions and the death penalty, said the Project 2025 plan served as "yet another wake-up call for progressives as to why they cannot afford to sit on their hands during the 2024 presidential campaign, and to the Biden administration as to why they should stop temporizing about capital punishment."

"Project 2025's 'Mandate for Leadership' offers a way for Trump to turn his fantasies and fervor about the death penalty into a chilling plan of action," Sarat wrote in a Slate op-ed published Tuesday.

He added: "That is why, at the very least, Joe Biden should use his clemency power to commute the sentence of everyone now on the federal death row. It is why progressives, who now may harbor doubts about Biden, must enlist as loyal foot soldiers in his reelection campaign."

Death penalty opponents have long called for Biden to take action on ending the federal death penalty, concerned that a future president could easily lift the moratorium.

"After the horrific killing spree we saw under the Trump administration, the importance of this promise could not be more clear," Cassandra Stubbs, the director of the ACLU Capital Punishment Project, previously told Newsweek.

The Trump administration spent millions carrying out federal executions in the final months of his presidency. Those executions were shrouded in secrecy, the Associated Press reported, with officials cutting corners and relying on the Supreme Court's conservative majority to clear legal obstacles to completing the executions.

(source: newsweek.com)

NIGERIA:

Sharia court sentences Bauchi man to death by stoning for homosexuality

A middle-aged man, Abdullahi Sani from Unguwar Makara Huta, has been sentenced to death by stoning by a Sharia Court in Ningi, the headquarters of Ningi Local Government Area of Bauchi State, for alleged homosexuality.

The judgment was delivered by Sharia Judge Abdullahi Aliyu Doya during a court session on May 10, 2024, with Sani found guilty of the offence as charged.

The Sharia Judge stated that the Court commenced hearing on the case on 02/05/2024 and closed it on Thursday, 09/05/2024, for judgment and sentence, after listening to various arguments.

He explained that based on witness testimonies and the defendant’s admission of guilt, Abdullahi Sani was found guilty and sentenced to death by stoning in accordance with the provisions of sections 131, 132, and 133 of the Bauchi State Administration of Criminal Justice, 2001.

Recall that on July 1, 2022, a Sharia court delivered judgment and sentenced three people to death by stoning for a similar offence.

(source: dailypost.ng)

********************

Nigerian lawmakers, activists divided over drug abuse penalties

Human rights activists in Nigeria are criticizing a new bid put forward by Nigerian lawmakers to punish drug trafficking with the death penalty.

The proposed measure is part of authorities' efforts to escalate a crackdown on drug abuse and trafficking.

The law, if passed, would allow judges to issue the death sentence to people convicted of producing, supplying or selling narcotics. Currently, the maximum sentence is life in prison.

The Nigerian Senate adopted the bill on Thursday, despite opposition by some lawmakers who raised concerns about the possibility of wrongly sentencing and executing an innocent person.

Human rights group Amnesty International also criticized the new measure. Aminu Hayatu is a researcher for the human rights group.

"It's a regressive legislative attempt by the Nigerian lawmakers. Once someone's life has ended, they have lost the opportunity to live to tell the truth. We also need to look at the history of our prosecutions over time. There have been quite a number of mistakes. In Nigeria, Amnesty International has had a persistent call against [the] death penalty. And apart from that, the worldwide campaign against that is actually in line with the promotion of human rights," said Hayatu.

But not every voice is against the bill. Supporters say the law could prove to be a more effective deterrent compared to a life sentence.

Ibrahim Abdullahi is the founder of Muslim Media Watch Group, one of the organizations supporting the bill.

"It seems as if the punishment as contained in the law that we have presently [has] not served as deterrent enough. Luckily, over 20 countries across the whole world made [the] death penalty as the punishment for drug trafficking. So, if Nigeria follows suit, it's not too much. So, I see it as a very good step to serve as [a] deterrent to peddlers of drugs," he said.

The Nigerian Senate and House of Representatives must approve the amendment before it can be sent to the president to sign into law.

The country is seeing an increasing trend of drug abuse and has in recent years gone from being a transit country to a hub of the drug trade.

Nigeria’s National Drug Law Enforcement Agency says over 14 million Nigerians use illegal drugs. The majority use locally-grown cannabis, but many others use cocaine, heroin, or amphetamine-type stimulants.

The drug trade is often fueled by lack of legitimate economic opportunities.

Abdullahi said besides adding the death penalty, corruption should also be addressed.

"You can't fight drug addiction without fighting corruption. Now that this law is about to be promulgated, more stringent laws should be made to fight corruption in Nigeria so that officers who are guilty of taking bribes to conceal crimes or not to prosecute diligently will also be dealt with seriously. So, as we fight drug trafficking, we should fight the attendant corruption," he said.

More than 3,000 Nigerians are on death row for various offenses — the highest number in the world. Rights activists have been campaigning to change that and compel authorities to abolish the death penalty.

But they say proposing the death penalty for more offenses only makes matters worse.

(source: voanews.com)

********************

I’ll support death penalty for corruption; kill anyone who steals N1trillion, not N1m – Ndume

The Chief Whip of the Senate, Ali Ndume has revealed that he would support the death penalty for those stealing government money, cautioning that those who steal one million or one billion should not be killed, “but someone who steals one trillion of government money should be killed.”

Ndume also noted that corruption in Nigeria is people-driven, admitting that politicians steal and share with the people.

The Chief Whip stated this when he was featured on Channels TV Politics Today On Tuesday when questions about the death penalty as the deterrent for those caught with drugs were being fielded.

According to Ndume, “If you compare us, politicians, to all the corruption, it is very small. Our corruption is people-driven. If you steal it, you will go and share it with the people. If you don’t, you are not coming back for four years. There is no reason for stealing.

“I have been to the National Assembly, I can’t say because we are on TV now and not telling the truth. If the death penalty is supposed to be included in corruption, I will support it but you don’t go and kill someone that stole one million or one billion, no. But someone who steals one trillion of government money should be killed.

“The death penalty is the best deterrent for those being caught for drugs. If you do drugs, you are killing people.

“That means you have destroyed the lives of so many people and killed so many people,” he said.

Vanguard reported that the Senate passed the National Drug Law Enforcement Agency Act (Amendment Bill) 2024 bill, which prescribed the death penalty for persons found guilty of trading in hard drugs and narcotics.

Many legal Icons and CSOs have condemned the bill noting that it is not the way out to stop drug trafficking in the country while many clamoured for strict border control, some think that tackling the poverty rate in the country will stem the ugly tide of drug trafficking.

(source: vanguardngr.com)

********************

UN experts demand release of Yahaya Sharif-Aminu

UN experts* have urged Nigerian authorities to immediately and unconditionally release Yahaya Sharif-Aminu, who was convicted of blasphemy for writing a song and sharing it on a social messaging service.

Yahaya Sharif-Aminu was sentenced to the death penalty in 2020.

“Although his death sentence was quashed by a court of appeal, we remain deeply concerned that Mr. Sharif-Aminu’s case will be re-prosecuted based on the same legal framework, the Kano State Sharia Penal Code Law, with serious risks that the death sentence will be confirmed,” the experts said.

They urged the Nigerian Government to abolish the imposition of the death penalty for the crime of blasphemy and ensure it is restricted to the "most serious crimes”, after a fair trial upholding fundamental safeguards, in accordance with the country’s obligations under international human rights law.

“We note that the Supreme Court of Nigeria has been seized of the matter but remain deeply concerned that Mr. Sharif-Aminu has been in prison for too long for exercising his human rights,” the experts said.

They recalled that all people have the right to freedom of expression and to manifest their religion or belief, as well as to take part in cultural life and the development of their society through artistic expression, without fear of imprisonment, reprisals or even execution.

“We urge the Supreme Court to consider Mr. Sharif-Aminu’s case as a priority, and to urgently adopt a decision taking into consideration Nigeria’s obligations under international human rights law,” the experts said.

They requested the Government to promptly review Sharif-Aminu’s situation, guarantee protection of his human rights and ensure his physical and psychological well-being as well as that of anyone seeking to assist him to defend his human rights.

“Should the death sentence be re-confirmed by a court, the Government must issue a stay of execution until Nigeria’s laws comply with its international human rights obligations in matters relating to the death penalty,” they said. The imposition of the death penalty on charges of blasphemy would amount to an arbitrary deprivation of life under international law.

The experts also recommended that Nigeria establish a moratorium on the death penalty, with a view to completely abolishing it.

The experts have raised Sharif-Aminu’s case with Nigerian authorities since his arrest in 2020.

The experts: Alexandra Xanthaki, Special Rapporteur in the field of cultural rights; Nazila Ghanea, Special Rapporteur on freedom of religion or belief; Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary, or arbitrary executions.

Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms. Special Procedures mandate-holders are independent human rights experts appointed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. They are not UN staff and are independent from any government or organization. They serve in their individual capacity and do not receive a salary for their work.

(source: ohchr.org)

KENYA:

The race to raise blood money to halt an execution

A Kenyan mother, who has led a long and desperate campaign to save her son from execution in Saudi Arabia, was weak with relief when he was granted a temporary reprieve this week.

Stephen Munyakho, 50, was due to be executed on Wednesday for the murder of a Yemeni man in 2011. It could have been carried out by decapitation - beheading is the most common method in the kingdom - or by hanging, lethal injection or firing squad.

But his stay of execution is only temporary - and Dorothy Kweyu, 73, has told the BBC she has not yet been given any further details about her son’s case by Kenya’s Ministry of Foreign Affairs.

It means her anxiety has not eased. She is still trying to raise the “diyah” or blood money that under the Islamic legal system, known as Sharia, would secure a pardon from the victim’s family.

Saudi Arabia is an Islamic state and its judicial system is based on Sharia for both criminal and civil cases.

A public appeal has so far raised less than 5% of the required $1m (£790,000) needed, says Ms Kweyu, a respected journalist in Kenya.

Getting more time to raise the money may be what Kenyan government officials, negotiating on Ms Kweyu’s behalf, are hoping will be the way forward.

Announcing the execution’s delay on Monday, Korir Sing'Oei, a senior official in the foreign ministry, said negotiators were devising “strategies to bring this matter to a more acceptable conclusion, and thereby giving both families the closure they so urgently need and deserve”.

Mr Munyakho, known as Stevo to his friends and family, went to work in Saudi Arabia in his early 20s and 13 years ago was a warehouse manager at a Red Sea tourist resort.

According to Ms Kweyu, her son got into a dispute with a colleague, who she said stabbed Stevo with a letter opener.

Stevo retaliated by grabbing the letter opener and attacked his work mate, leading to his death.

“Initially, my son was found guilty of manslaughter and sentenced to 5 years in jail,” she told the BBC.

“We expected him to be inside for 2 1/2 years, in accordance with international norms - but it was not to be.”

But an appeal was heard in 2014 that changed the sentence.

“The court ordered that my son face capital punishment, which would have meant the death sentence,” Ms Kweyu said.

“Later on, however the family of the deceased was convinced by a Kenyan delegation in Saudi to take the diya offer of blood money.”

But the negotiations have proved long and difficult - and raising the money for Stevo, who has 3 children, has not been easy.

A court had set 15 May as the deadline for the blood money to be paid.

“One day I asked: ‘Is there a way we can exchange, so that they execute me instead of Steve my son?’ But I was rebuked and told to stop talking like that,” Ms Kweyu said.

Under Islamic law, diyah compensates a victim or their family. It can be paid for a variety of crimes from murder to injury and damage to property.

It can lead to a reduction in sentence and in certain circumstances a pardon. It is currently applied in about 20 countries in the Middle East and Africa, including Sudan and northern Nigeria.

The Quran, the Muslim holy book, supports the paying of blood money - and this was further clarified by the Prophet Muhammad, who explained in his teachings that the price for murder or manslaughter should be 100 camels.

Modern interpretations mean this amount differs in different countries as diyah is now usually paid in cash.

“In Saudi Arabia one camel is on average 30,000 Saudi riyals [$8,000, £6,300] thus if anybody is going to pay for the life of someone, they have to pay at least $800,000,” Nigerian Islamic scholar Sheikh Husseini Zakaria told the BBC.

Other factors, such as a victim’s gender and religious background, can also determine the amount of blood money demanded. It also needs the agreement of the victim or their family.

Ms Kweyu says she was first asked to pay about $2.6m, but successfully negotiated it down to $950,000.

It is unclear if Stevo has changed his religion while in prison. In Mr Sing'Oei’s statement, posted on X (formerly Twitter), he noted that Stephen Munyakho was now known as “Abdulkareem”.

The name change was news to his family, who are able to occasionally communicate with him when he phones them from prison.

It has been hard for his children. His youngest, 23-year-old Evans Mwanze, has not seen him for more than 20 years.

“There are times I am hopeful that my dad will come home,” he told me.

“Other times I get discouraged and wonder if the worst may happen. I never got to know my dad. He left when I was three and that was the last I saw of him.”

Ms Kweyu says the prospect of beheading is all too real. Last year, there were 172 executions in Saudi Arabia, according to figures released by the authorities.

“There was a day my son called me and told me that one of his friends had been beheaded. That was such a dark moment.”

The Saudi authorities have not responded to BBC requests for comment, but the Kenyan government has been effusive in its thanks for their help in this case.

“We shall continue to lean on the warm and solid friendship that we have with our Saudi partners,” Mr Sing'Oei said, promising further negotiations would happen in the coming days.

“We shall be engaging stakeholders in Nairobi and Riyadh, including representations from our religious leadership, to agree on the next urgent step.”

(source: BBC News)

PAKISTAN:

IHC judge calls for ‘death penalty’ for elements behind forced disappearance----Justice Mohsin Kayani threatens to summon PM if no action is taken against abductors of poet Ahmed Farhad

Islamabad High Court (IHC) judge Justice Mohsin Akhtar Kayani on Thursday called for the introduction of a law that would impose the death penalty on those responsible for enforced disappearances, Express News reported.

Justice Kayani made the remarks during a hearing of a petition filed by poet Ahmed Farhad Shah's wife, who went missing two days ago. Lawyers Iman Mazari and Hadi Ali Chatha represented the petitioner. SSP Operations Jameel Zafar was also present on the occasion.

During the hearing, the government lawyer stated that a special investigation team has been formed and efforts are ongoing for Shah’s recovery.

SSP Zafar said that he met Shah’s wife, saying that the poet was apparently taken from outside his home, but the vehicle's number plates were unreadable due to darkness.

He said that efforts to trace the vehicles are ongoing with the Federal Investigation Authority (FIA), adding that letters have been sent to all intelligence agencies in this regard.

The court expressed frustration over the lack of progress in the case and asked why those responsible for enforced disappearances are not brought to book.

Justice Kayani asked the SSP if the agencies responded to their letters. The SSP replied that no positive responses have been received. He expressed trust in the ability of police but lamented that investigations do not progress beyond a certain point.

The government lawyer said that those who return after being taken often claim they “went to Kaghan”, a popular tourist destination in Pakistan.

Justice Kayani remarked that “unidentified persons” can make people memorise their lessons within 24 hours.

He said that it was shameful that Shah was taken for speaking about missing persons, and everyone knew who was responsible. “When missing individuals return after months or years, their families urge them to stay silent,” he said.

Justice Kayani called for legislation enforcing the death penalty for disappearances, expressing hope for a Missing Persons Act. He noted that those who talk the most about the issue, including journalists and political activists, go missing.

He questioned the role of the Ministry of Information and held the secretaries of interior and defence accountable.

Justice Kayani stated that everyone, including himself, is accountable. He threatened to summon the prime minister if no action is taken against the abductors. “I told the IG that responsibility lies with him if someone goes missing,” he said to which the government lawyer responded by saying that efforts were underway for the recovery of the missing poet.

Justice Kayani questioned if writing to law enforcement agencies would solve the issue. He warned of action against everyone if Shah is not recovered.

He directed the Secretary of Interior to present a report by the next hearing. He ordered an officer from the Ministry of Defence to appear at the next session. Later, the hearing was adjourned until Monday.

(source: tribune.com.pk)

MALAYSIA:

Prosecution seeks death penalty for 6 former UPNM students in fatal bullying case

The Court of Appeal was informed on Wednesday (May 15) that the conduct of 6 former students of Universiti Pertahanan Nasional Malaysia (UPNM), who tortured UPNM Naval Cadet Officer Zulfarhan Osman Zulkarnain, resulting in scalding burns covering 80% of his body from 90 instances of steam ironing, constituted an extreme act.

Deputy Public Prosecutor K. Mangai submitted that evidence indicated all the accused, at the direction of their friend, took turns pressing the steam iron onto Zulfarhan's body, except for the face and the top of his hands, causing him to sustain 90 burns that led to his death.

The 5 former students are Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, and Mohamad Shobirin Sabri as the first to fifth respondents, while their friend, Abdoul Hakeem Mohd Ali, is the 6th respondent.

According to Mangai, former UPNM students, prosecution witness (PW) 24, Ahmad Senabil Mohamad, and PW25 Mohd Syafiq Abdullah were the eyewitnesses in this case. Their testimony indicated that the 1st to 5th respondents alternately pressed the steam iron onto the deceased, while the instruction to do so was given by the 6th respondent.

"Hence, the appellant (public prosecutor) urges this court to impose the death penalty on all 6 respondents as a deterrent to the community, emphasising the rejection of bullying and extreme abuse."

"We additionally urge the court to reinstate the original charge of murder under Section 302 of the Penal Code," she asserted during the prosecution's appeal against the 18-year prison sentence handed to the 6 UPNM students convicted of causing the death of Zulfarhan, without intent to kill.

Mangai further contended that PW6, a forensic medical expert from Serdang Hospital, Dr Salmah Arshad, who conducted the autopsy on the deceased, stated that the scalding burns were the cause of death.

"According to PW6, out of the 90 burn marks on the deceased's body, 29 of them were 3rd-degree, indicating the most severe level of burns, with visible wet muscle tissue and bleeding.

"These burn injuries would lead to death even with treatment," she explained.

Mangai further emphasised that the victim's mother had submitted a victim impact statement, revealing her trauma and reluctance to allow her other children to join uniformed organisations due to her negative perception, due to the tragic loss of her son's life.

"The victim's mother appeals for a just sentence to act as a deterrent to the defendants and to raise awareness within society, aiming to prevent the recurrence of such tragic incidents," she added.

Meanwhile, Muhammad Najib's lawyer Datuk Hisyam Teh Poh Teik, submitted that the trial judge had failed to appreciate his client's defence and did not consider the evidence of the 20th defence witness, Muhammad Alif Farhan Aerosni.

"He is a crucial witness for my client, and in previous testimony, the witness stated that he was with Muhammad Najib on the dates of the incident (May 21 and 22, 2017) to study in their friend's room," said the lawyer.

Mohamad Shobirin's lawyer Datuk Hazman Ahmad, argued that his client's admission to pressing the steam iron on Zulfarhan's foot was acknowledged, but it had occurred only once.

"Can pressing the iron once be categorised as a criminal act? If it was indeed done, it was done without intent," he said, adding that the 18-year sentence imposed on his client was excessive.

On Nov 2, 2021, the High Court sentenced 6 former university students to 18 years in prison after they were found guilty of causing the death of Zulfarhan, without the intent to kill.

Previously, Muhammad Akmal, Muhammad Azamuddin, Muhammad Najib, Muhammad Afif, and Mohamad Shobirin faced charges of murdering Zulfarhan under Section 302 of the Penal Code, which carries a mandatory death penalty upon conviction, while Abdoul Hakeem was charged with abetting under Section 109 of the same code, which carries a similar penalty.

However, the High Court found all 6 accused guilty of culpable homicide not amounting to murder under Section 304 (a) of the Penal Code, which carries a prison sentence of up to 30 years and a fine if the act is done with the intention of causing death or causing such bodily injury is likely to cause death.

The former students, now aged 28, were accused of committing the offence in a room at Asrama Jebat, UPNM, between 4.45am and 5.45am on May 22, 2017. Zulfarhan died at Serdang Hospital on June 1, 2017.

The trial before a 3-member panel of judges chaired by Datuk Hadhariah Syed Ismail, alongside Mohamed Zaini Mazlan and Datuk Azmi Ariffin, will resume Thursday (May 16).

(source: thestar.com.my)

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Federal Court maintains Singaporean’s death penalty for stepson’s murder----Court says Shawal Senin’s application has no merit after the prosecution accuses him of blatant disregard for the sanctity of human life.

The Federal Court has maintained the death sentence imposed on a Singaporean man for the murder of his 7-year-old Thai stepson in 2008.

A 3-member review panel chaired by Chief Justice Tengku Maimun Tuan Mat said Shawal Senin’s application for a commutation of his sentence to an imprisonment term had no merit.

Also on the panel hearing the matter were Justices Zabariah Yusof and Abu Bakar Jais. Shawal, 48, now has one last chance to seek clemency from the Johor Pardons Board.

Shawal’s case was brought under the Revision of the Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023, which gives judges the option of imposing a jail term instead of capital punishment in murder cases.

Shawal murdered Siwakorn Sukunthaat at his home at Pulai View Condominium in Taman Kobena, Tampoi, between 9pm on Dec 24 and 1pm on Dec 27, 2008.

His counsel Bustaman Menon Abdul Hamid submitted that his client had only beaten the child with the intention of disciplining him.

“The incident happened when the accused was on drugs,” said Bustaman, when pleading for the bench to give Shawal the opportunity to turn over a new leaf.

Deputy public prosecutor Dhiya Syazwani Izyan Akhir described the case as a heinous crime.

She said it was among the “rarest of rare cases” where the death penalty imposed by the trial court and affirmed by two appellate courts should be left undisturbed.

“There was a blatant disregard for the sanctity of human life. The incident shocked the conscience of society,” she said.

Dhiya Syazwani also said Shawal was supposed to be the guardian of the boy.

The facts of the case revealed that Shawal had married a Thai woman, and had another child with her.

Before the incident, Shawal also assaulted the victim on several occasions, including once with a hammer.

Dhiya Syazwani said the final episode saw the boy lying in bed having suffered a prolonged beating at Shawal’s hands. When the victim’s mother wanted to rush him to hospital, Shawal stopped her.

He also instructed her to keep the hammer in a toolbox and clean the blood stains from the floor of the living room and the wall of the boy’s room.

A forensic pathologist testified during the trial that the cause of death was multiple wounds due to non-accidental injuries.

(source: freemalaysiatoday.com)

INDIA:

Death Penalty: Gujarat High Court Acquits Woman Sentenced to Death for Daughter's Murder

(see: https://timesofindia.indiatimes.com/city/ahmedabad/gujarat-high-court-acquits-woman-sentenced-to-death-for-daughters-murder/articleshow/110160885.cms)

JAPAN:

Hakamada’s hopes rise after release of fellow boxer Carter

Editor's note: This is the third in a four-part series on letters that Iwao Hakamada wrote while on death row.

Of the world’s 199 countries and territories, 144 had either abolished or suspended capital punishment by the end of 2022, according to human rights group Amnesty International Japan.

Japan, however, continues to carry out executions.

Iwao Hakamada feared he would be another death penalty statistic in Japan after being convicted of murdering an executive of a miso manufacturer and three of his family members in Shizuoka Prefecture in 1966.

“The verdict has been delivered, and I have no choice but to call it a classic example of a miscarriage of justice.” (November 1980)

In December 1980, the Supreme Court rejected his appeal, finalizing his death sentence.

Later that month, Hakamada wrote to one of his defense lawyers from the Tokyo Detention House.

“Is it acceptable to kill someone based on a misunderstanding of the facts of a case? What are the law and the trial for to the people? I can’t help questioning whether they are functioning properly. … The decision to deny my appeal is totally contrary to justice, so I am going to file a request for a new trial.”

Only 2 days after Hakamada wrote down those thoughts, the Supreme Court made a historic decision in what became known as the Menda case.

The top court ordered a new trial for Sakae Menda, who was sentenced to death for murdering a couple and seriously injuring their 2 daughters in Kumamoto Prefecture in 1948.

It was learned that Menda had been tortured and threatened into confessing to the crimes.

In 1983, Menda became Japan’s 1st death row inmate to be proved innocent in a retrial. He had spent 34 years behind bars for a crime he did not commit.

Hakamada filed his first motion for a retrial in April 1981.

By 1984, 2 more condemned prisoners, in the Saitagawa and Matsuyama cases, were exonerated in their retrials.

“As is clear from the recent rush of acquittals in retrials, wrongful convictions persist despite the fact that judges tried the cases in earnest.” (July 1985)

Hakamada was further inspired in May 1986, when the Shizuoka District Court granted a retrial to a man sentenced to death over the 1954 murder of a young girl in Shimada, Shizuoka Prefecture.

While incarcerated, Hakamada perused law books provided by his family and supporters to prepare himself for his legal battle.

“At long last, the judiciary brought justice in the Shimada case. Since I am in the same boat as those accused in the Menda, Saitagawa, Matsuyama and Shimada cases, I am now feeling relief, like seeing light in the dark. I will be the next to receive justice!” (May 1986)

But a letter from April 1987 conveyed his continuing sense of loneliness and helplessness.

Claims of innocence from prison, he wrote, are akin to “frustrating efforts to try to see something beautiful in the darkness.”

He was also anxious about the time-consuming process of holding a hearing to consider whether his case deserves a retrial.

“Even though some capital inmates were proved innocent in their retrials, their acquittals came only after repeated requests for a retrial. By then, it was just too late to start over with their lives.” (June 1988)

In one letter, Hakamada offered a searing description of how it feels on death row.

“A death row inmate lives every single minute of the day with awareness of death. … During the day, the fact that you are still alive makes you conscious of possible death tomorrow, and at night, you are made to fully grasp what despair is like in dreams of being dragged to the death chamber.” (December 1987)

In Japan, death row inmates are informed of their executions just a few hours before they are hanged. They wake up every morning, dreading that this day could be their last.

In his long struggle for an acquittal, Hakamada has drawn strength from his family, supporters and inmates exonerated in their retrials. He was also inspired by Rubin “Hurricane” Carter, a former U.S. boxer who was sentenced to life imprisonment for a triple homicide in 1966.

Bob Dylan’s “Hurricane,” a song released in 1975 about Carter’s case, fueled efforts to gain his freedom.

The convictions against Carter were overturned in 1985.

Hakamada learned of Carter’s acquittal through a magazine article he read in prison. In a letter to his sister, Hideko, he sounded elated about Carter’s release.

“As a fellow former professional boxer and a man wrongfully convicted, I now have the urge to chant … ‘banzai’ from the window of my cell in the deepest corner of Japan’s largest prison. Mr. Carter, I am so glad that you have cleared your name. Congratulations!” (March 1989)

Hakamada was a professional boxer before he took a job at the miso manufacturer.

At the prime of his pugilist career, Hakamada was ranked 6th in Japan’s featherweight division.

In one year, he fought as many as 19 times. And in April 1961, he traveled to Manila to fight the top bantamweight of the Philippines.

Carter’s acquittal had a special significance for Hakamada, who had thought that his former career in the ring worked against him in the courts.

“An idea that blatantly disregards human dignity, that a boxer would likely commit murder, was put to an end, and Mr. Carter, who is innocent, was exonerated in a retrial … . I will do my best to follow suit.” (March 1989)

The magazine article about Carter was written by Makoto Maeda, former editor-in-chief of the now-defunct Boxing Magazine.

Maeda said he was a teenager when he saw Hakamada’s bouts.

“He was a tough fighter who beat his opponents in the end by enduring their incessant attacks with a tenacity that matched what his first name ‘Iwao’ stands for,” he said.

Carter had also learned about Hakamada’s plight.

In 2008, the Japan Pro Boxing Association hosted a special charity event for Hakamada’s cause.

In a videotaped message played at the event, Carter said: “Now is time to free the ‘Eastern Hurricane.’ Now is time to free Hakamata to show the people that you are a civilized society. Free Mr. Hakamata now. Free all of us, because anytime one person is wrongly convicted and sentenced to prison, that’s convicting all of us.”

Hakamada tried to stay hopeful for a retrial, but even his defense team had its doubts.

“We were convinced of his innocence, but it seemed exceedingly difficult to gain a new trial because we had been unable to find strong evidence to qualify for it,” one of the lawyers recalled.

In 2008, Hakamada’s first motion for a new trial, filed in 1981, was turned down by the Supreme Court.

After that, his writing became incoherent at times. The letters increasingly showed that he was in a state of mental decline.

(This article was written by Hisashi Homma, Yuri Murakami and Ryuichiro Fukuoka.)

For details of Hakamada's trial and letters, check out https://www.asahi.com/special/hakamadaletters/en/

(source: asahi.com)

BANGLADESH:

SC stays HC verdict against isolation of death sentence convicts

The Appellate Division of the Supreme Court on Wednesday stayed a High Court verdict that asked the jail authorities not to put death sentence inmates any more in solitary confinement before the end of all legal processes.

The Appellate Division judge in chamber, Justice M Enayetur Rahim, granted the stay after hearing a petition filed on Tuesday by the secretaries of the ministries of home and law, inspector general of prisons, inspector general of police, and superintendents of the central jails of Chattogram, Sylhet and Cumilla, challenging the High Court verdict.

The chamber judge also asked the government authorities to file a regular petition seeking permission to appeal against the High Court verdict.

The judge said that further proceedings of leave-to-appeal petition would be held by its full bench on August 25.

Appearing for the government authorities, attorney general AM Amin Uddin argued that the High Court verdict should be stayed as the death sentence recipient convicts after hearing the verdict from the media were creating chaos in the prisons demanding their relocation to the ordinary cells from solitary confinement.

The attorney general argued that the High Court Division had no jurisdiction to incorporate a new provision in the Prisons Act, 1894 banning confinement of death sentence prisoners in condemned cells immediately after the lower court sentenced them to death, although their appeals were pending with the Supreme Court.

He said that the prisons act allowed the jail authority to put death sentence recipients in separate cells for various reasons, including prevention of crimes, safety and medical reasons.

Amin Uddin said that the writ petition was filed with an ill motive to protect the death-row war crime convicts as the petitioners’ lawyer is a member of Bangladesh Jamaat-e-Islami whose senior leaders were convicted of war crimes.

Lawyer Mohammad Shishir Manir appearing for 3 condemned prisoners argued that the Appellate Division should not stay the execution of the entire High Court verdict before getting its full text.

He, however, said that an order might be passed on the jail authority to maintain status quo over the High Court verdict instead of staying it, if the death sentence prisoners create chaos in jails about the matter.

The bench of Justice Sheikh Hassan Arif and Justice Md Bazlur Rahman issued the verdict on Monday after disposing of a writ petition filed by three condemned prisoners.

In September 2021, prisoners Zillur Rahman of Chattogram Central Jail, Abdul Basir of Sylhet Central Jail, and Shah Alam of Cumilla Central Jail challenged the legality of keeping them in solitary confinement before the completion of their trial process, including their appeals.

The High Court explained that the process included the disposal of appeals by the upper courts, the review petition, and the mercy petition to the president.

The High Court, in its verdict, asked the jail authorities to shift all condemned prisoners from isolated cells to general cells in two years.

(source: newagebd.net)

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2 to die for killing a shop employee in Rajshahi

2 persons were convicted and sentenced to death for chopping to death an employee of a mobile phone shop in the district.

Muhammad Mohiduzzaman, Judge of Speedy Trial Tribunal, found them guilty of the murder charge and handed down the verdict in presence of the duo in the court today.

The persons, who were given the capital punishment, are: Aminul Islam alias Shawn, 30, son of late Sanaullah, and Masud Rana, 26, son of Akmal Hossain, both of Kazipara village under Lalpur upazila in Natore district.

Another accused of the case identified as Mehedi Hassan Rockey, 25, son of Faruque Hossain of Jotchowki village under Bagha Upazila of the district, was sentenced to 3 years jail.

According to the prosecution story, in brief, Zahurul Islam, 23, son of Rafiqul Islam of Monigram Bazar under Bagha Upazila, used to work as salesman in Telecom and Electronics at Panikumra Bazar owned by Mehedi Hassan Monir.

Aminul and Masud Rana purchased 3 smart phones from Zahurul in debit for their use but didn't pay the money for long, creating an enmity between them.

On January 5, 2021, they took Zahurul to a nearby sugarcane field and chopped him to death. Local people found the bloodstained body and informed police on the following morning.

Elder brother of the deceased had lodged a case with Bagha Police Station on the same day. After completion of investigation police pressed charges accusing the 2 persons.

Special Public Prosecutor Entazul Haque Babu said the tribunal pronounced the verdict after examining the recorded depositions of enlisted prosecution witnesses and other relevant evidence.

(source: bssnews.net)

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Husband gets death penalty for killing wife in Khulna

A court in Khulna on Wednesday sentenced a man to death for killing his wife at Belayet Hossain road in the city in 2011.

Abdus Salam Khan, the judge of Women and Children Repression Prevention Tribunals-3, handed down the verdict in presence of accused Nurunnabi.

The court also fined him Taka 50,000, Advocate Farid Ahmed, public prosecutor of the court confirmed.

According to prosecution, Nurunnabi strangled his wife Zohora Khatun to death for dowry at his residence on August 25, 2011.

Saddam Hossain, brother of the deceased, filed a case with Khulna Kotwali Police Station on August 27.

Sub-Inspector (SI) Afrani Khatun of Khulna Kotwali Police Station submitted the charge sheet accusing Nurunnabi before the Chief Metropolitan Magistrate Court on November 15, 2011.

(source: observerbd.com)

IRAQ:

Nearly 100 death sentences, life sentences in drug trafficking crackdown: official

Nearly 100 individuals - both Iraqi citizens and foreign nationals – were sentenced to death or life imprisonment on drug trafficking charges between 2023 and 2024, a spokesperson to the Interior Ministry said on Wednesday.

In a press conference held in Baghdad on Wednesday, Brigadier General Mokdad Meri described drug trafficking as a "critical threat" to Iraq's national security, vowing that authorities would maintain "high pressure" on drug networks.

Meri highlighted recent successes in the crackdown, including the seizure of 8 kilograms of narcotics and 200,000 psychoactive pills within a single week. "These operations resulted in the apprehension of 123 suspects," he said.

Iraq's drug problem has reached critical levels. According to the United Nations Office on Drugs and Crime (UNODC), the country has become a major transit route for illegal drugs, particularly Captagon, a stimulant amphetamine. This lucrative trade fuels organized crime and terrorist networks, posing a significant threat to regional stability.

In a 2021 report, the UNODC highlighted the alarming rise of crystal meth in Iraq, warning that it is now manufactured domestically in southern border governorates.

In December 2023, Iraqi Prime Minister Mohammad Shia al-Sudani made a controversial statement urging the president of the country to ratify all death sentences for convicted drug traffickers.

He said this is necessary to "implement the law and be a deterrent to anyone who dares to threaten the security of the country and its people."

Between 2019 and 2022, over 43,000 individuals have been apprehended on drug-related charges. In December 2022, the Supreme Judicial Council announced that approximately six tons of drugs stored in the Forensic Medicine Department were destroyed.

Some in Iraq have directly linked the high unemployment rate among youth to increased addiction. For instance, the Basra police department said that 97% of drug users arrested in 2018 were unemployed, and 2/3 were 25 or younger; the Basra appellate court reported that 90% of those arrested for drug use around the same time were unemployed. Unfortunately, there are no reliable official numbers, but statements by officials indicate that the drug problem is very acute in some cities; for example, the governor of Diwaniyah stated that the rate of drug abuse by youth had reached 40%, according to some estimates by non-governmental organizations.

Compounding the issue are the shortcomings of Iraq's legal framework. While the 2017 Narcotics and Psychotropic Substances Act prescribes the death penalty for certain drug offenses, its implementation has been inconsistent.

Human rights organizations raised concerns about the potential for arbitrary application of the law, particularly in a country with a fragile human rights record. They argue that capital punishment is not an effective deterrent and fails to address the root causes of drug abuse, such as poverty, unemployment, and lack of access to treatment.

(source: shafaq.com)

IRAN----executions

Iran Executes 8 Prisoners in 2 Days

At least 8 prisoners were executed in Iranian prisons over the past 2 days, according to human rights groups.

HRANA, a human rights website, reported the execution of Farokh Khan Mohammadi and Reza Gholam Hosseini in Ilam Central Prison.

Mohammadi's case dates back 14 years, while Hosseini was sentenced to death last year, both on murder charges.

The Iran Human Rights Organization reported the execution of 5 prisoners in Isfahan's Dastgerd Prison on Sunday.

4 - Jafar Hosseinzadeh, Masoud Astaki, Mostafa Aghamohammadi, and Majid Rezaei - were allegedly involved in a joint murder case and sentenced to death in 2019.

A 5th prisoner, Amin Jafari, was also executed at Dastgerd Prison on unspecified murder charges.

Particular alarm surrounds the execution of Khosrow Basharat, a prisoner of conscience incarcerated for over 15 years.

According to a report by Amnesty International, Iran has reached its highest level of death sentence executions in the last eight years, with the judiciary of the Islamic Republic executing 853 people in 2023 alone.

The report indicates that 481 executions, more than 1/2 of the total, were related to drug crimes. This marks an 89 % rise in death penalties for drug-related offenses compared to 2022, when 255 people were executed.

The latest numbers also show a staggering 264 % increase compared to 2021, when 132 individuals faced execution on similar charges.

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Nobel Peace Laureates Urge Global Action Against Iran's Executions of Activists

4 Nobel Peace Prize winners have asked the international community to put pressure on the Islamic Republic to stop the arrest, imprisonment, and execution of activists.

In a statement, Nobel laureates Shirin Ebadi, Judy Williams, Tawakkol Karman, and Leymah Gbowee also called for the "Iranian government to be held accountable" for using "execution to intimidate the opposition."

Human rights, civil, and political activists believe that the death penalty in Iran has never been issued and implemented with the goal of crime prevention and has always been a tool in the hands of the Islamic Republic to create terror in society.

The four Nobel Peace Prize winners said that amid the escalation of conflicts in the Middle East, Iran has "intensified" the use of the death penalty against political and human rights activists and opponents of the Islamic Republic.

"Now, under the growing shadow of war, the use of execution as a tool to silence the opposition and spread fear has grown increasingly," they wrote in a joint statement on Wednesday.

"There is a gender apartheid system in Iran, which, in addition to imprisonment, mistreatment, and execution of opponents of the government, especially affects women. The systematic violation of human rights and the clear disregard for dignity and human rights require a decisive international response," they added.

The Nobel laureates asked the international community to force the Islamic Republic to "stop the arrest and execution of activists and work towards the freedom of all political prisoners."

According to a report by Amnesty International, Iran has reached its highest level of death sentence executions in the last eight years, with the judiciary of the Islamic Republic executing 853 people in 2023 alone.

The report indicates that 481 executions, more than 1/2 of the total, were related to drug crimes. This marks an 89 % rise in death penalties for drug-related offenses compared to 2022, when 255 people were executed.

The latest numbers also show a staggering 264 % increase compared to 2021, when 132 individuals faced execution on similar charges.

(source for both: iranwire.com)

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2 Inmates Executed in Ilam Prison

On May 14, 2024, 2 inmates convicted of murder were executed in Ilam Prison, as reported by Kurdpa.

The executed inmates have been identified as Reza Gholamhosseini and Farrokh Khan-Mohammadi, both from Ilam County in Ilam Province. Gholamhosseini was arrested and accused of murder last year, while Khan-Mohammadi’s arrest and conviction date back to 14 years ago.

No official sources or domestic media outlets within the country have provided coverage of these executions at the time of writing.

In 2023, the Department of Statistics and Publication of Human Rights Activists in Iran registered the execution of 767 individuals. Out of these, 7 were carried out in public. Among the executed individuals whose genders were identified, 21 were female. Additionally, 2 juvenile offenders, defined as individuals under the age of 18 at the time of their alleged crimes, were also executed.

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Execution of 4 Death-Row Inmates Along with Khosrow Besharat

On May 15, 2024, along with Sunni prisoner Khosrow Besharat, 4 other inmates convicted of murder and drug offenses, were executed in Ghezel Hesar Prison, Karaj.

The inmates have been identified by HRANA as Mohammad-Reza Rahimpour, Sirus Hayatbini, Mohammad-Karim Fazeli, and an unidentified Afghan national. The first 3 were convicted of drug-related crimes, while the Afghan national was sentenced to death for murder.

No official sources or domestic media outlets within the country have provided coverage of these executions at the time of writing.

In 2023, the Department of Statistics and Publication of Human Rights Activists in Iran registered the execution of 767 individuals. Out of these, 7 were carried out in public. Among the executed individuals whose genders were identified, 21 were female. Additionally, 2 juvenile offenders, defined as individuals under the age of 18 at the time of their alleged crimes, were also executed.

(source for all: en-hrana.org)

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Execution of Khosrow Besharat, a prisoner of conscience, after 14 years of imprisonment

On the early morning of Wednesday, May 15, 2024, the judiciary of Iran carried out the execution of Khosrow Besharat, a political prisoner of conscience from Mahabad, who had been held in Ghezel Hesar Prison in Karaj.

Khosrow Besharat, a 38-year-old political prisoner, had been imprisoned in Iran for nearly 15 years. He was transferred to solitary confinement in Ghezel Hesar Prison two weeks ago for the execution of his sentence. This political prisoner was transferred to solitary confinement alongside Anwar Khodaverdi, another co-defendant, and spent 15 nights in solitary confinement awaiting execution.

Khosrow Besharat, a Sunni political prisoner of conscience, was arrested by the Intelligence Agency of Mahabad in December 2009 when he was only 23 years old. He was subsequently transferred to the Intelligence Detention Center in Urmia. He endured over a month of solitary confinement under torture.

Khosrow Besharat was arrested along with 6 other individuals, including Farhad Salimi, Anwar Khodaverdi, Ghasem Abesteh, Davood Abdullahi, Kamran Sheikheh , and Ayoub Karimi, by security forces. They were detained and transferred to the Intelligence Detention Center in Urmia.

These prisoners were sentenced to death by Branch 28 of the Revolutionary Court in Tehran, headed by Judge Moghiseh, on charges including “murder of Abdulrahim Tina.” They were also accused of offenses such as “acting against national security,” “propaganda against the regime,” “membership in Salafi groups,” and “corruption on earth.”

The charges against these 7 Kurdish religious prisoners were presented in March 2016, and on June 14, 2016, the mentioned verdict was officially communicated to them. The judiciary of Iran, in a non-transparent process and an unfair judicial proceeding, carried out the execution sentence against these political prisoners.

Iran Human Rights Monitor (Iran HRM) condemns the execution of Khosrow Besharat, a political prisoner of conscience and calls upon the United Nations, the European Union, and their member states not to remain silent in the face of these executions. It condemns these state-sanctioned massacres and demands immediate and practical action to stop this bloodshed.

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The Continuation of the Hunger Strike by Political Prisoners in the Campaign “Tuesdays Against Execution"

Today, on Tuesday, May 14th, 2024, political prisoners in Evin, Khorramabad, Karaj, Khoy, and Naqadeh prisons went on a hunger strike as part of the 16th week of the “Tuesdays Against Execution” campaign.

Political prisoners participating in the “Tuesdays Against Execution” campaign, in a statement they released today, have issued a warning regarding the imminent execution of 2 political prisoners, Khosrow Besharat and Kamran Sheikh, who have been subjected to brutal torture and are now facing the threat of execution after enduring 10 and 14 days of torture, respectively. They began their statement as follows:

“The cruelty of the torturers towards Khosrow Besharat in Ghezel Hesar Prison far exceeds the cruelty of the perpetrators in Auschwitz during the Nazi regime.”

We are holding the 16th week of the ” Tuesdays Against Execution” campaign while 2 of our fellow political prisoners, Khosrow Besharat and Kamran Sheikh, who are prisoners of conscience, have been transferred to solitary confinement cells in the high-security ward of Ghezel Hesar Prison after enduring 14 and 10 days, respectively, in preparation for the inhumane execution sentence.

Continuing with the statement, it states:

It is stated in the statement that historical records show that the agents of the fascist Nazi regime in Germany, unlike the judicial and security authorities of the Islamic Republic, would send innocent Jews to the showers in Auschwitz without knowing that they intended to kill them, and then carry out their massacre by releasing poisonous gas in the showers.

This means that the victims of Auschwitz, unlike Khosrow, Kamran, Farhad, Mohammad, and the thousands of executed prisoners by the Islamic Republic, were not subjected to the horrifying “expectation of execution” through brutal torture. Any awakened conscience affirms that the cruelty of Eichmann and his Nazi accomplices in Auschwitz was less than that of the suppressive agents and executioners in the Islamic Republic.

At the end of the statement, the political prisoners were reminded of the following:

“We, the hunger-striking prisoners in Gezel hesar, Evin (Women’s Ward and Wards Six, Eight, and Four), Khorramabad Prison, Karaj Central Prison, Khoy Prison, and Naqadeh Prison, express our strong protest against the death sentence imposed on Khosrow Besharat and Kamran Sheikh and the brutal torture deliberately inflicted upon these 2 individuals. They have been kept in horrifying solitary confinement in Gezel hesar Prison for an extended period, on the verge of execution.

Furthermore, in protest against issuing death sentences or the finalization of these inhumane verdicts for our dear compatriots such as Tomaj Salehi, Mahmoud Mehrabi, Habib and Abbas Daris, Reza Rasaei, Mojahed Korkor, and dozens of others, we will continue our hunger strike on this Tuesday, May 14th, 2024. We demand an end to this medieval situation and the inhumane executions in Iran.

(source for all: iran-hrm.com)

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Execution of Sunni Political Prisoner Khosrow Besharat after 15 Years of Imprisonment

This morning, Wednesday, May 15, Ali Khamenei’s executioners executed Khosrow Besharat, a Sunni political prisoner, after he had endured 15 years of imprisonment in Qezelhessar Prison. 2 weeks ago, the executioners had transferred him to solitary confinement.

Khosrow Besharat, along with 6 other Sunni compatriots, was arrested in December 2009 and subjected to severe torture in the Urmia Intelligence Department to extract forced confessions. In March 2016, they were sentenced to death by the criminal judge Mohammad Moghisei (Nasirian), and in June 2018, by the notorious Judge Salavati. The Supreme Court of the mullahs upheld these sentences in 2019. They were accused of killing Friday prayer imam in the Khulafa al-Rashidin Mosque in Mahabad, assigned by Ali Khamenei, during the December 2009 uprising. Previously, Anvar Khezri was executed on May 1, 2024, and Farhad Salimi, Davood Abdollahi, Ayyub Karimi, and Qasem Abesteh were executed on January 23, 2024, January 2, 2024, November 29, 2023, and November 5, 2023, respectively, in Qezelhessar Prison. The last person in this case, Kamran Shaykheh, is still under a death sentence.

Today, along with the execution of Khosrow Besharat, Mohammad Reza Rahim Pour, Sirus Hayat Bini, Mohammad Karim Fazeli, and another prisoner were executed in Qezelhessar Prison. Yesterday, Reza Gholamhoseini, Farrokh Khanmohammadi, and another prisoner were executed in Ilam Central Prison. On May 12, in addition to four previously announced executions, Amin Jafari was also hanged in Dastgerd Prison, Isfahan. This brings the recorded number of executions in the past 26 days to at least 103.

The Iranian Resistance once again calls on the UN Human Rights Council, the High Commissioner for Human Rights, relevant UN rapporteurs and bodies, as well as the European Union and its member states, to take immediate action to stop the mullahs’ killing machine and save the prisoners on death row, especially Kamran Shaykheh and other political prisoners. Silence and inaction in the face of the godfather of terrorism and executions blatantly trample on human rights and democratic values, encouraging the regime to escalate its crimes domestically and its warmongering abroad. This regime must be ostracized by the international community, and its crimes must be referred to the UN Security Council, with its leaders brought to justice.

(source: Secretariat of the National Council of Resistance of Iran (NCRI) )

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3 Men Executed for Drug Offences in Karaj

Sirus Hayatbini, Mohammadreza Rahimpour and Mohammad Karim Fazeli were executed for drug-related charges in Ghezelhesar Prison.

According to information obtained by Iran Human Rights, 3 other men were executed with Khosro Besharat. Their identities have been established as Sirus Hayatbini, Mohammadreza Rahimpour and Mohammad Karim Fazeli. They were all sentenced to death for drug-related charges by the Revolutionary Court.

An informed source told IHRNGO: “These three prisoners were transferred to solitary confinement on 14 May. Sirus was from Kouhdasht and arrested for being in possession of 5 kilograms of heroin. His brother, Siamak Hayatbini was executed for the same charges in July 2023. Mohammadreza was from Nourabad in Lorestan and had been on death row for six years. Mohammad Karim was also from Kouhdasht and arrested for 17 kilograms of heroin 6 years ago.

At the time of writing, none of their executions have been reported by domestic media or officials.

Drug-related executions have continuously risen every year since 2021. According to IHRNGO’s 2023 Annual Report on the Death Penalty, at least 471 people were executed for drug-related charges, an 84% increase compared to 2022 (256) and about 18 times the average of drug-related executions in 2018-2020.

On 10 April 2024, 80+ Iranian and international organisations and groups called for joint action to stop drug-related executions, urging UNODC to make “any cooperation with the Islamic Republic contingent on a complete halt on drug-related executions.”

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Reza Gholamhosseini and Farokh Khan Mohammadi Executed in Ilam

Reza Gholamhosseini and Farokh Khan Mohammadi, 2 men sentenced to qisas (retribution-in-kind) for murder, were executed Ilam Central Prison.

According to information obtained by Iran Human Rights, 2 men were executed in Ilam Central Prison on 14 May. Their identities have been established as Reza Gholamhosseini and Farokh Khan Mohammadi who were sentenced to qisas for murder.

An informed source told IHRNGO: “Reza Gholamhosseini was from the village of Ban Ziarat and was sentenced to qisas last year. Farokh Khan Mohammadi was from Ilam and had been on death row for murder for 14 years.”

At the time of writing, their executions have not been reported by domestic media or officials in Iran.

Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness.

In 2023, at least 282 people including 2 juvenile offenders and 15 women, were executed for murder charges, the 2nd highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.

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Kurdish-Sunni Political Prisoner Khosro Besharat Executed; 103+ Executed in 28 Days

Kurdish political prisoner Khosro Besharat was executed after spending more than 14 years on death row in Ghezelhesar Prison along with 3 drug defendants. Khosro’s co-defendant, Kamran Sheikheh is at imminent risk of execution. At least 103 people including three women, were executed in Iranian prisons in the last 4 weeks.

Condeming Khosro Besharat’s execution in the strongest terms, Iran Human Rights calls on the international community to take urgent action to stop the Islamic Republic’s execution machine.

IHRNGO Director, Mahmood Amiry-Moghaddam said:"Khosro Basharat was sentenced to death after being tortured in a grossly unfair trial based on false accusations. His execution is unlawful according to international law and even the laws of the Islamic Republic and is considered an extrajudicial killing. Ali Khamenei, the leader of the Islamic Republic and other officials of the corrupt judiciary of the Islamic Republic must be held accountable for this crime.” He further said, "The silence of the international community regarding the execution of more than 103 people in the last 4 weeks is unacceptable and must end."

According to information obtained by Iran Human Rights, Kurdish-Sunni political prisoner, Khosro Besharat was executed in Ghezelhesar Prison on 15 May after spending more than 14 years on death row.

Khosro Besharat is the 6th defendant in the case to be executed in the last 2 months. Ghasem Abasteh was executed on 5 November 2023; Ayoub Karimi was executed on 29 November; Davoud Abdollahi was executed on 2 January 2024; Farhad Salimi was executed on 23 January; Anwar Khezri was executed on 1st May. Kamran Sheikheh, the last defendant in the case is at imminent risk of execution. His last family visit took place on 3rd May and he is currently held in the pre-execution cells of Ghezelhesar Prison.

The seven political prisoners were arrested in January 2010 and subjected to physical and psychological torture to force confessions.

An informed source previously told IHRNGO: “We don’t know why they picked Khosro and charged him with this. He’s a religious person and prays but he did not have extremist or heresy or any such views and didn’t even agree with them. During interrogations, he was also accused of murdering a soldier, which he was severely tortured over. But the soldier’s brother and eyewitnesses to the murder later came to identify his killer and confirmed that Khosrow and the two other people in his case -Anwar Khezri and Kamran Sheikheh- were not his brother’s killers.”

The source added: "They had previously arrested two other people over this soldier’s murder, who had confessed to the murder under torture. Everyone in Mahabad knew the story. Khosro had been severely tortured over the murder of the soldier and had confessed under torture but the allegations of killing the soldier were resolved after the testimony of his brother who was present during the murder. They did not find any guns or weaponry or even a knife on Khosro, however, after the murder case was resolved, they charged Khosro and his co-defendants with “corruption on earth” (efsad-fil-arz).”

The source further added: “After the soldier’s brother confirmed that they were not the killers, he kissed them and asked them for forgiveness and the interrogator told them that they had been acquitted and that he would be sending a fax to Mahabad to inform them. But not only were the three not released but the year after, they were tried at Branch 28 of the Revolutionary Court by Judge Moghiseh, who charged them with “enmity against God” and “corruption on earth” through armed rebellion (baghy). This is while they had not found any weapons and he hadn’t clashed with the officers, such an accusation without weapons is inadmissible. Ultimately, all three defendants were sentenced to death on the same charges.”

At the time of writing, his execution has not been reported by domestic media or officials.

3 drug defendants were also executed along with Khosro.

At least 103 people including three women, have been executed in Iranian prisons since 17 April (28 days). Of those, 61 people were convicted of drug charges.

(source for all: iranhr.net)

MAY 15, 2024:

DELAWARE:

Delaware must move forward — it's time to end the death penalty. Pass HB 70, HB 301

The death penalty doesn’t deter crime. Crime rates when places abolish the death penalty decline, not rise.

We fully endorse the passage of HB 70 and HB 301, 2 pieces of legislation currently under consideration in Delaware. HB 70 seeks to repeal the death penalty in Delaware while HB 301 is an amendment to the Delaware Constitution prohibiting execution as a form of punishment.

The death penalty is an inefficient use of resources. Numerous studies done on the subject have consistently shown that the costs of litigating the death penalty far exceed those of life sentences. We also know that the death penalty is not applied equitably and is marked by biases and discrimination, often used against minorities and marginalized communities. Also, the data show that there is a disparity in its application, with a much larger number of cases involving white victims than Black ones, despite the fact that half of murder victims in the U.S. are Black.

Further, the death penalty doesn’t deter crime. Crime rates when places abolish the death penalty decline, not rise.

The death penalty doesn’t achieve justice for victims’ families. Instead, it perpetuates the same cycle of violence it purports to end. Many victims’ families have spoken out on this issue and support abolition. Life sentences in lieu of capital punishment also allow for innocent people to be exonerated when wrongfully convicted.

The passing of HB 70 and HB 301 is both a legislative issue and a moral one. The majority of Delawareans support abolishing the death penalty. Please call your legislator and urge them to support these bills.

(source: Opinion; Meghan Biery and Jonathan Tate are the co-chairs of the Delaware Democratic Socialists of America----delawareonline.com)

OHIO:

Broken Promises: How a History of Racial Violence and Bias Shaped Ohio’s Death Penalty

Executive Summary 5 Facts To Know About Ohio's Death Penalty Illustrative Stories

Executive SummaryCover page of DPIC's Ohio Report, Broken Promises. It has a red background overlayed with quotes that are featured in the report. In January 2024, Ohio lawmakers announced plans to expand the use of the death penalty to permit executions with nitrogen gas, as Alabama had just done a week earlier. But at the same time the Attorney General and the Ohio Prosecuting Attorneys Association are championing this legislation, a bipartisan group of state legislators has introduced a bill to abolish the death penalty based on “significant concerns on who is sentenced to death and how that sentence is carried out.” The competing narratives make it more important than ever for Ohioans to have a meaningful, accurate understanding of how capital punishment is being used, including whether the state has progressed beyond the mistakes of its past.

Ohio’s Black Laws Demonstrate That from the Beginning, Racial Discrimination Was Baked into the State’s Very Foundations.

Early 19th century Ohio Black Laws imposed various legal restrictions on the rights and status of Black people in the state, not dissimilar to what would later become Black Codes in many Southern states. As constitutional historian Dr. Stephen Middleton explains, “Although the penal code of Ohio did not explicitly provide for a dual system for handling criminal cases, the Black Laws naturally made race an element in the criminal justice system.”

Ohio’s 1807 “Negro Evidence Law” prohibited Black people from testifying against white people in court, thus instituting a legal double standard. Articles in African American newspapers from the time reported numerous instances where white assailants attacked Black victims with impunity because there was no legal consequence without a white person who could testify on the victims’ behalf. The state also passed racial restrictions on juries in 1816 and 1831, officially barring Black people from jury service. These laws no longer exist, but modern studies reveal that jury discrimination continues.

The Overrepresentation of White Victim Cases and Overt Displays of Racism in Capital Trials Demonstrate That Race Continues to Play a Prejudicial Role in Death Sentencing.

One of the most significant ties between historical death sentencing and the modern use of capital punishment is the preferential valuing of white victims. Multiple Ohio-specific studies have concluded that when a case involves a white victim—especially a white female victim—defendants are more likely to receive a death sentence or be executed. A review of all aggravated murder charges in Hamilton County from January 1992 through August 2017 revealed that prosecutors are 4.54 times more likely to file charges with death penalty eligibility if there is at least one white victim, compared to similarly situated cases without white victims. A separate study of Ohio executions between 1976 and 2014 found that homicides involving white female victims are six times more likely to result in an execution than homicides involving Black male victims. DPIC independently analyzed race of victim data for all 465 death sentences in the state and found that 75% of death sentences were for cases with at least one white victim. For context, most murder victims in the state are Black (66%).

Black capital defendants have also faced instances of overt racism from jurors, prosecutors, and even their own attorneys. During closing arguments, the prosecuting attorney in Dwight Denson’s trial suggested that if jurors did not sentence him to death, they might as well rename Cincinnati’s Over-the-Rhine neighborhood to “Jungle Land,” adding, “Leave it to Dwight Denson. Leave it to people like him.” An attorney for Malik Allah-U-Akbar (tried as Odraye Jones) reiterated false, racialized testimony from an expert witness during closing arguments: “I think it’s a quarter of the…urban [B]lack American youth come up with antisocial personality disorder…. This isn’t a situation you can treat. … You have to put him out of society until it runs its course.”

As the current debate over the use of the death penalty in Ohio continues, this report provides historical information, context, and data to inform the critical decisions that will follow.

Historically, Ohioans saw lynchings and capital punishment as interchangeable practices.

Many Black men were victims of lynch mobs in the 19th century after being accused of raping a white woman—regardless of whether there was any evidence to support the claims. In multiple instances, members of these mobs stated that they would not have lynched the victims if Ohio’s death penalty laws allowed for them to be legally “punished with death.” Petitions to add the rape of a white woman as a death-eligible offense ultimately failed, though Black men continued to receive lethal punishment from lynch mobs. Even when photos were taken in broad daylight, lynch mob participants rarely faced any legal consequences for their roles in these extrajudicial murders.

2. Homicides involving white female victims are six times more likely to result in an execution than those involving Black male victims even though 44% of murder victims are Black men.

One of the most persistent forms of racial bias present in capital cases is the race-of-victim effect, shown when cases with at least one white victim disproportionately result in a death sentence. This race-of-victim effect demonstrates one of the strongest ties between the historical application of the death penalty and its use in modern day. Modern statistics reveal the same bias in favor of white victims, and, again, white women in particular, continues today.

An analysis of Ohio executions between 1976 and 2014 found that the race and gender of the victim play a substantial role in the state’s use of the death penalty. Homicides involving white female victims are six times more likely to result in an execution than homicides involving Black victims. A separate study of all aggravated murder charges in Hamilton County (Cincinnati)—an outlier in its high use of the death penalty—revealed that prosecutors are 4.54 times more likely to seek the death penalty if there is at least one white victim, compared to similarly situated cases without white victims.

Graphic that reads "In Ohio, 44% of murder victims are Black males, but just 13% of death sentences involved at least one Black male victim."

3. Jurors, expert witnesses, and attorneys who made overtly racist statements participated in sentencing Black Ohioans to death.

While many Black capital defendants face structural and covert forms of racism, even some overt displays of racial bias have gone unchallenged and unaddressed in capital trials. A defense expert in Malik Allah-U-Akbar’s (tried as Odraye Jones) trial diagnosed Mr. Akbar with antisocial personality disorder, and falsely testified that this disorder affects “one to three percent of the general population” but was present in “15 to 25 percent, maybe even 30 percent [of] urban African American males.” Dr. Eisenberg further stated that “the best treatment for the antisocial, if the violations are severe, is to throw them away, lock them up.” In Kevin Keith’s capital trial, the prosecution relied on a forensic analyst who was known to “stretch the truth to satisfy a department” and had referred to her Black coworker as “a n****r in a woodpile” and a “n****r b*tch.” Four seated jurors in Terry Lee Froman’s capital trial indicated that they “agree” or “strongly agree” with the statement “[s]ome races and/or ethnic groups tend to be more violent than others.” The Ohio Supreme Court admitted that at least one of the jurors’ “questionnaire responses indicated that she had racially biased views,” but held that the prosecutor had properly rehabilitated her.

4. Black youth are overrepresented on Ohio’s death row.

Black youth are overrepresented among those sentenced to death in Ohio. 66% of all Ohio death-sentenced prisoners aged 16 to 20 at the time of their crime were Black. (For context, the national figure is 49%.) Nearly 1/4 of all Black people who have received death sentences in the state were 20 years old or younger at the time of their crimes. Extending the analysis to late adolescents, aged 25 and younger, reveals that 53% of all Black people sentenced to death in Ohio were 25 or younger at the time of their crimes.

Research has shown that Black youth are often perceived as chronologically older and more culpable than white youth of the same age. These biases mean Black children are judged more harshly than their white peers with respect to questions about guilt and punishment. Young defendants are also particularly vulnerable because of the unequal power dynamics between them and the adults with whom they interact in the legal system. Seven of Ohio’s 11 exonerees were age 25 or younger at the time of the crimes for which they were wrongfully convicted.

5. None of the reforms recommended by a bipartisan task force ten years ago to reduce racial disparities in capital cases have been adopted In 2011, the Chief Justice of the Supreme Court of Ohio and the President of the Ohio State Bar Association convened a joint task force to review the administration of Ohio’s death penalty. To date, none of the specific recommendations to reduce racial disparities in death penalty cases have been adopted. The recommendations include mandatory specialized trainings for judges, prosecutors, and defense attorneys to recognize and protect against racial biases; requiring judges to report state actors who act on the basis of race in a capital case; removing death penalty specifications that are disproportionately applied to Black defendants; creating a death penalty charging committee at the Ohio Attorney General’s Office; and enacting legislation allowing for racial disparity claims to be raised and developed in state court through a Racial Justice Act.

Many of the same people who helped develop and enforce Ohio’s death penalty law have since announced their opposition to the death penalty, citing the absence of reforms to safeguard the rights of the accused. In a recent joint op-ed, former Governor Robert Taft and former state attorneys general Jim Petro and Lee Fisher called Ohio’s death-penalty system “broken, costly and unjust,” and further stated that “the death penalty is not applied fairly. Race and place play an intolerable role in deciding who lives and who dies.”

Charles “Click” Mitchell

Estimates of 1,500 to 5,000 people gathered outside the jail where Charles “Click” Mitchell, a 23-year-old Black man, was waiting to be transferred to the state penitentiary. Mr. Mitchell had pled guilty to raping a white woman in Champaign County in June 1897 and was sentenced to 20 years in prison. After the judge publicly lamented that Mr. Mitchell should have received the death penalty, the mob took him from jail to the public square where they brutally beat and hanged him. The New York Times wrote that “There has not and could not be a more inexcusable lynching”—not only because of the brutality involved, but also because it happened in Ohio instead of the Deep South. The Times article concluded by drawing attention to the importance of location: “It would be disgraceful if it were told of a mining camp. But it is told of an old and settled town, fully equipped with schools and churches, which fairly represents the civilization of the Middle West of the United States. In that point of view it is extremely discouraging.”

Ignoring the photographs taken of the lynch mob in broad daylight, an all-white grand jury refused to indict anyone for Mr. Mitchell’s lynching, claiming a lack of evidence. An article in The Dayton Herald wrote that “Urbana citizens have started a movement for a different punishment for rape in this State. An organization will be formed through the State, and a petition to the next Legislature circulated, making death the penalty for the crime.”

Mr. Mitchell was just one of many Black men who received some form of lethal punishment because he was accused of harming a white woman.

Walter Raglin

A Hamilton County court sentenced Walter Raglin to death for the 1995 murder of a white man in Cincinnati’s the Over-the-Rhine neighborhood. Even though there had been nine other homicides in the same Cincinnati neighborhood that year, the prosecutor’s office only charged Mr. Raglin, a Black man accused of killing a white man, with the death penalty; the victims in the other homicides were all Black.

He was 18 years old at the time of the crime, and 19 when he was sentenced to death. Like many people on death row, Mr. Raglin suffers from multiple vulnerabilities, including serious mental illness, brain damage, and chronic childhood trauma. In addition to scoring in the 10th percentile on an IQ test—meaning 90% of people his age scored higher—a neuropsychological examination revealed “some real impairment of his brain from repeated injuries and the repeated assaults of the substance abuse which impair his ability to thoughtfully and reasonably and adaptively plan and organize and conduct his behavior.” The evaluation identified Mr. Raglin as having ADHD, personality disorders, coordination conditions, and depression; all indications of late-adolescence neurodiversity.

Mr. Raglin’s sisters testified on his behalf during his sentencing hearing and explained the hardships their family faced after their parents’ divorce. Growing up, Mr. Raglin’s mother spent the family’s money on crack cocaine and would disappear for days and weeks at a time. The family moved often, and their dwellings were usually infested with mice and insects. Mr. Raglin’s mother permitted him to smoke cigarettes and drink alcohol starting at 9 years old, and by 10, she regularly ordered him to steal money from people to support her substance use. As a preteen, she had him accompany her to her drug deals, acting as her bodyguard.

While the jury heard some information about Mr. Raglin’s traumatic childhood, the jury did not hear how this trauma impacted Mr. Raglin’s brain development, including his actions and behaviors on the night of the offense. For example, his mother’s alcohol use during her pregnancy with Mr. Raglin increases his risk of Fetal Alcohol Spectrum Disorder (FASD), a form of brain damage that impacts both cognitive and social functioning. The numerous traumatic brain injuries Mr. Raglin incurred throughout his life may also contribute to the neuropsychological dysfunction revealed by subsequent testing.  

The jury also did not hear that the State removed Mr. Raglin from his parents’ custody and placed him in a group home where he was exposed to emotional, physical, and sexual abuse. During these early childhood placements, Mr. Raglin was noted to be “physically very mature for 12” and at one point, he was mistakenly placed in the adult jail.

In 2021, Mr. Raglin’s attorneys filed a motion for a new trial arguing that his conviction and death sentence were the improper product of racial discrimination. The motion cited evidence from a recent study finding that he was 5 times more likely to be sentenced to death because of his race and the race of the victim in his case. Mr. Raglin remains on death row.

Kevin Keith

Kevin Keith was sentenced to death for a triple homicide in Crawford County in February 1994. Mr. Keith has continuously filed appeals in state and federal courts, arguing the prosecution’s use of eyewitness testimonies and forensic evidence was improper. Mr. Keith argues that the police pursued him as a suspect from the start, using circumstantial evidence and false eyewitnesses testimony to identify Mr. Keith as the perpetrator. Police ignored a surviving victim’s identification of an alternate suspect and a failed identification of Mr. Keith. Experts stated that despite the vague description of a “large Black man,” eyewitnesses routinely identified Mr. Keith due to the obstruction of his facial features and the accompanying options in the lineup. The defense also alleges a Brady violation, in which the prosecution withheld information that diminishes the credibility of the State’s forensic analyst, Michelle Yezzo. Ms. Yezzo’s personnel files indicate that she had been known to “stretch the truth to satisfy a department” and she had referred to her Black coworker as “a n****r in the woodpile” and “n****r b*tch.” Since his conviction, numerous people have called for Mr. Keith to be pardoned, for his sentence to be commuted, or for a new trial. In 2010, Mr. Keith was granted clemency by then-Governor Ted Strickland thirteen days before his scheduled execution, citing questionable evidence in the case. Mr. Keith continues to serve a life sentence in Ohio.

(source: Death Penalty Information Center)

****************

Judges sentence Gurpreet Singh to death for West Chester quadruple murders

A 3-judge panel has imposed the death penalty for the man convicted in the killings of his wife and three other family members. Singh was found guilty last week on 4 counts of aggravated murder in the killings of his wife and 3 other family members in April 2019.

All 4 victims were found shot to death in a West Chester apartment in 2019.

The judges deliberated for 2 hours before coming to their guilty verdict last week.

On Tuesday, the all 3 judges unanimously voted to impose the death penalty on all 4 counts.

A formal sentencing is set for Thursday at 1:30 p.m.

This was the second trial for Singh, after the first ended in a hung jury.

During closing arguments on Friday, prosecutors say his motives were a long-standing affair and a strained relationship with his father-in-law, as well as money problems.

The defense says Singh was there at the scene, but was only a witness to the murders.

(source: WLWT news)

MISSOURI:

Richard Emery appeals death sentence before Missouri Supreme Court

A man sentenced to death for the 2018 murders of his girlfriend and 3 family members will plead his case to the Missouri Supreme Court.

Richard Emery’s appeal is expected to be taken up this week.

In September 2022, Emery was found guilty on 4 counts of 1st-degree murder in the deaths of his girlfriend, 39-year-old Kate Kasten, her 2 children from a previous relationship, 10-year-old Jonathan and 8-year-old Zoe, and Kate’s mother, 61-year-old Jane Moeckel. St. Charles County prosecutors sought the death penalty on the murder charges.

He was later convicted of 7 counts of armed criminal action, 3 counts of 1st-degree assault, and 1 count of attempted robbery and sentenced to an additional 210 years in prison. Those additional charges that were not addressed in the original trial.

Emery’s appeal presents several questions for the state’s highest court to consider, including the striking of a juror, whether some evidence presented was admissible, and whether police body cam footage was shown to the jury just to inflame their emotions.

(source: FOX news)

UTAH:

Man charged in killing of Santaquin police officer could face death penalty----Michael Jayne has been charged with 9 felonies.

The man accused of killing a Santaquin police officer when he intentionally crashed a semitruck into the officer this month was charged Tuesday with 9 felonies — and could face the death penalty.

Michael Aaron Jayne, 42, was charged in 4th District Court with 1 count of aggravated murder, 1 count of attempted aggravated murder, and 1 count of aggravated kidnapping, all 1st-degree felonies.

He was also charged with 1 count of burglary and 3 counts of theft, both 2nd-degree felonies; and 1 count of failure to respond to officers, a 3rd-degree felony.

The aggravated murder charge is a capital offense, which means if found guilty, Jayne could be sentenced to death, life in prison without parole, or 25 years to life in prison with the possibility of parole

Before the fatal crash, authorities were dispatched to Interstate 15 early May 5 after a report that someone was riding on the back of a semitruck, police have said.

According to the charging documents filed Tuesday, prosecutors say Jayne called police himself to report that someone was riding on the back of his truck.

Santaquin police Sgt. Bill Hooser caught up to the truck near the northbound I-15 exit to Santaquin’s Main Street, the charging documents state. There, Hooser turned on his patrol vehicle’s lights and sirens and pulled Jayne over. A Utah Highway Patrol trooper soon arrived, parking near Hooser.

When Hooser approached the semitruck, a woman jumped out of the cabin. She told police she had been willingly riding with Hooser until they had an argument at a truck stop in Beaver. Hooser tried to convince her to stay with him, but she said she only agreed when he threatened her with a knife and bear spray, the charging documents state. The woman told Hooser she feared that Jayne would hurt her.

The UHP trooper then tried to open Jayne’s door, but he locked it, put the truck in gear and started driving north again, according to charging documents.

As Hooser and the trooper ran to their vehicles, Jayne made a sharp U-turn and “accelerated quickly” toward them, the charging documents state.

Hooser tried to take cover, but the truck struck him, “smashing him” into the UHP trooper’s vehicle, the documents state. The 50-year-old police sergeant died at the scene.

Jayne then steered toward the woman who had jumped out of his truck, but she and the trooper were able to leap out of the way, the documents state.

After the crash, Jayne ran from the semitruck to a nearby convenience store, where he stole another truck. He continued to abandoned and steal several vehicles until he was eventually spotted and taken into custody after a police pursuit in Vernal, which ended with Jayne crashing the vehicle he was driving.

He was hospitalized after his arrest and was booked into the Utah County jail on Saturday, where he remains held without bail.

Public records indicate Jayne has a lengthy criminal history beginning as early as 2001. In 2009, he was convicted of assault in a case where prosecutors said he ran over an Oregon police officer.

Hooser was raised in Utah and had worked with the Santaquin Police department since 2017. He is survived by his wife of 29 years, two daughters and a new granddaughter.

At his funeral Monday, he was remembered as a loving “girl dad,” a doting grandfather and a talented, training-focused police officer.

Representatives from police departments and county sheriff’s offices across Utah, as well as federal and state agencies, attended the service. Utah Attorney General Sean Reyes sat with Gov. Spencer Cox and Santaquin officers. And some officers came from out of state to pay their respects, including a group from Idaho’s Ada County Sheriff’s Office.

“There are heroes all amongst us every day doing this kind of work,” Cox said at the service. “This thin blue line is real. It is the line between order and chaos. It is the line between good and evil. And every day those of you who wear the badge step into that breach, step into that line.”

(source: The Salt Lake Tribune)

*****************

Capital felony charge filed against suspect in death of Santaquin Sgt. Bill Hooser

After Santaquin Sgt. Bill Hooser was laid to rest Monday, the Utah County Attorney announced charges against the man accused of killing the police officer.

Michael Aaron Jayne, 42, was formally charged with nine felony offenses, including a Capital Felony of aggravated murder.

In addition to aggravated murder, Jayne was also charged with 2 counts of attempted aggravated murder and aggravated kidnapping, all 1st-degree felonies, 3 counts of theft and 1 count of burglary, 2nd-degree felonies and failure to respond to an officer's signal to stop, a 3rd-degree felony.

Utah County Attorney Jeffrey S. Gray went into detail about whether Jayne would face the death penalty if convicted.

"Under Utah law, a person convicted of aggravated murder may face one of 3 possible sentences; the death penalty, life in prison without the possibility of parole, or 25 years to life in prison with the possibility of parole," he explained.

After Jayne's preliminary hearing, the judge will decide whether there is enough evidence to send the case to trial. Should the case move forward, Jayne will then attend an arraignment hearing, where he will enter a plea for each charge.

"If Mr. Jayne pleads not guilty at the arraignment, then by statute, we will have 60 days to file a notice of intent to seek the death penalty," Gray said.

Jayne will make his first court appearance, where he'll be informed of charges against him on Wednesday at 3 p.m.

"It is both my goal and my sworn duty to see that justice is done in accordance with the Constitution," Gray said. "I will notify the public when it comes time to file a notice of intent to seek the death penalty."

Gray also said he is assembling a team of his best attorneys to take on the case and ensure justice.

"This is an unspeakable loss for [the family]," Gray said. "We mourn with you and pray that you can find some peace and some solace in this most trying of times."

Arresting documents reported Hooser and a Utah Highway Patrol trooper conducted a traffic stop on Jayne's semitrailer after receiving a report that someone was riding on the back of it.

An indictment detailed that Jayne was the one who initially called 911.

Hooser spoke to Jayne, saying he wasn't in trouble and they were there to help him but documents state he was uncooperative, not answering questions.

Arrest documents report a woman then got out of the semi-truck and Hooser indicated to the UHP trooper that Jayne needed to be detained.

"[The woman] told Sgt. Hooser she was afraid the defendant would hurt her," an indictment reads in part.

That's when Jayne locked the door of the truck, driving away from the scene.

New information in the indictment expands that Sgt. Hooser and the UHP Trooper ran toward their vehicles to pursue Jayne and while their backs were turned, he made a sharp U-turn, accelerating quickly in the direction of the two officials and the woman.

"Sgt. Hooser was in the doorjamb of his patrol vehicle when he turned and saw the defendant headed towards them," documents state. "Sgt. Hooser left his vehicle and started running towards the rear of his vehicle. The defendant steered the truck towards Sgt. Hooser and continued to accelerate. The truck's grill and bumper struck Sgt. Hooser in the back, smashing him into the front of Trooper Griffiths' patrol car and killing Sgt. Hooser."

UHP Trooper Griffiths and the woman were able to narrowly escape the semi-truck, even though Jayne tried steering the truck into them, documents read.

After hitting Hooser, officials reported Jayne ran to a nearby gas station and stole another semi-truck, driving to Mona before stealing a Ford F-250 and heading to Mount Pleasant.

Then, he drove to a house in Mount Pleasant and put the stolen F-250 in the garage, swapping it for a Ford F-150 and driving to Vernal.

Officers spotted Jayne and engaged in a pursuit with speeds over 100 miles per hour in Vernal. Eventually, troopers were able to perform a PIT maneuver, bringing Jayne to a stop.

Through past reports and court documents, FOX 13 News learned Jayne has an extensive criminal history spanning multiple states. More than a decade ago, Jayne was convicted of assaulting and threatening police officers in Oregon and California.

(source: FOX news)

ARIZONA:

Prosecutors not seeking death penalty for 3 eligible suspects in Preston Lord murder case

Maricopa County prosecutors said they will not seek the death penalty for the 3 eligible suspects in the Preston Lord murder case.

A notice of intent was not filed for Dominic Turner, Treston Billey and Taylor Sherman, the Maricopa County Attorney’s Office said Tuesday in an email.

The other 4 suspects – William Hines, Talan Renner, Jacob Meisner and Talyn Vigil – were minors at the time of the crime and therefore ineligible for the death penalty.

All 7 defendants were charged with 1st-degree murder and kidnapping.

A trial is expected to start until July 2025.

Lord, 16, died in a hospital 2 days after getting attacked by a group of youths outside a Halloween party in Queen Creek.

The 7 defendants were arrested in March after a lengthy investigation.

(source: KTAR news)

USA:

This Should Be a Wake-Up Call to the Biden Administration on the Death Penalty

A blueprint for a 2nd Trump term issued by conservative groups contains many alarming wake-up calls for progressives. One that may have been overlooked is the ambitious plan to revive and expand the federal death penalty—and it highlights why Biden must act now to prevent a bloodbath for people condemned to death.

The report by Project 2025, titled “Mandate for Leadership: The Conservative Promise,” offers a detailed set of policy goals and recommendations for Trump, should he return to the Oval Office. As the AP puts it, “Led by the long-established Heritage Foundation think tank and fueled by former Trump administration officials, the far-reaching effort is essentially a government-in-waiting for the former president’s return.” Behind the scenes, leaders of Project 2025 are collaborating with the Trump campaign and plotting a rapid-fire post-inauguration rollout of a right-wing agenda.

Given its membership, it should not come as a surprise that the Project 2025 agenda includes ambitious plans to revive and expand the federal death penalty. But it still should serve as yet another wake-up call for progressives as to why they cannot afford to sit on their hands during the 2024 presidential campaign, and to the Biden administration as to why they should stop temporizing about capital punishment.

The section of “Mandate for Leadership” dedicated to laying out a program for the future Trump Justice Department locates the discussion of the federal death penalty in a broad but familiar context. It argues that a “disturbing number of state and local jurisdictions have enacted policies that directly undermine public safety [and] leave doubt about whether criminals will be punished.”

“Mandate for Leadership” acknowledges that “the prosecution of criminal offenses in most jurisdictions across the country must remain the responsibility of state and local governments,” but claims that “the federal government owes a special responsibility to Americans in jurisdictions where state and local prosecutors have abdicated this duty.” It suggests that the next administration should provide “greater attention and additional federal resources … to protect the rights of American citizens and federal interests.”

It offers a variety of examples of such attention and additional resources—and that is where its death penalty recommendation comes in.

“Capital punishment,” the Project 2025 report concedes, “is a sensitive matter.” But it quickly leaves such delicacy behind and delivers red meat for its conservative readership.

“The current crime wave,” it continues, “makes deterrence vital at the federal, state, and local levels. However, providing this punishment without ever enforcing it provides justice neither for the victims’ families nor for the defendant.” The facts belie this claim about a crime wave—but the report uses it to offer a death penalty one-two punch.

First, “the next conservative Administration should therefore do everything possible to obtain finality for the 44 prisoners currently on federal death row.” “Obtain finality” is a convoluted way of saying execute them and do so with dispatch.

The report doesn’t stop there. It then recommends an expansion of the federal death penalty. The next administration “should also pursue the death penalty for applicable crimes—particularly heinous crimes involving violence and sexual abuse of children—until Congress says otherwise through legislation.”

That the Supreme Court has in the past ruled that the death penalty should not be used for crimes that do not involve the death of the victim, such as child rape, seems not to matter to Project 2025. Perhaps the authors of “Mandate for Leadership” think that the current Supreme Court would take a different view.

And, with Trump, the authors of Project 2025’s death penalty plan know they will have a very receptive audience. In fact, he has long loved the death penalty.

That love affair goes back at least to 1989 when, as the Washington Post notes, “Trump, then a celebrity real estate developer, took out full-page advertisements … to call for a return to the death penalty after a female jogger was beaten and raped in Central Park. Five black and Hispanic teenagers were arrested and convicted in the case, spending years in prison. The ‘Central Park 5’ were later exonerated.”

He said at the time, “I want to hate these muggers and murderers. They should be forced to suffer and, when they kill, they should be executed for their crimes.” Since then, as the Post observes, “Trump has weighed in … on a number of other cases,” using Twitter to make his pro–death penalty feelings known.

During his time as a candidate for president and then during his term in the Oval Office, he has frequently talked about, and talked up, the death penalty. He has embraced it as a sign of his toughness and masculinity and a blunt instrument of public policy.

He has long wanted to expand the range of offenses for which someone could get a death sentence. In 2018, Trump proposed executing drug dealers.

He also claimed that leaders in China and Singapore had told him that the death penalty was an effective method for dealing with drug problems.

That same year, Trump’s attorney general at the time, Jeff Sessions, sent a memo to all United States attorneys “strongly” encouraging them to seek the death penalty for people caught “dealing in extremely large quantities of drugs.” He claimed, echoing Trump, that doing so would “aid in our continuing fight against drug trafficking and the destruction it causes our nation.”

And, in the waning months of Trump’s presidency, his administration went on a killing spree, reviving long-dormant federal executions. It put 13 people to death in a span of 6 months.

Along the way, the Trump administration dramatically expanded the federal government’s ability to carry out the death penalty by issuing a rule allowing it to hang, electrocute, gas, or shoot individuals it did not want to kill by lethal injection.

Since he left office, Trump has continued to embrace capital punishment. In 2022, he used speeches delivered in Las Vegas and at the America First Policy Institute to bemoan this country’s crime problem and again offer the death penalty as a surefire way to deal with it. “To put it simply, we are a nation in decline,” he said in Vegas. “The streets are flowing with the blood of innocent crime victims. … We need to end the crime wave immediately.”

Death sentences and executions for convicted drug dealers are an important part of his program for doing so. “It sounds horrible, doesn’t it?” Trump asked, “But you know what? That’s the ones that don’t have any problem. It doesn’t take 15 years in court. It goes quickly, and you absolutely—you execute a drug dealer, and you’ll save 500 lives.”

Trump’s death penalty fantasies seem to know no limit.

Last September, he took to Truth Social to suggest that Gen. Mark Milley, then chair of the Joint Chiefs of Staff, should be executed for what he did in the aftermath of the Jan. 6 insurrection. He wrote that Milley’s phone call to reassure China after the storming of the Capitol was “an act so egregious that, in times gone by, the punishment would have been DEATH.”

Project 2025’s “Mandate for Leadership” offers a way for Trump to turn his fantasies and fervor about the death penalty into a chilling plan of action. That is why, at the very least, Joe Biden should use his clemency power to commute the sentence of everyone now on the federal death row. It is why progressives, who now may harbor doubts about Biden, must enlist as loyal foot soldiers in his reelection campaign.

(source: slate.com)

TAIWAN:

The Constitutional Court of Taiwan held a court hearing on April 23rd regarding the constitutionality of the death penalty in Taiwan. This matter is highly concerned domestically and internationally, second to the Presidential and national election held this January. The Taiwan Alliance to End the Death Penalty (TAEDP) has been involved in the process, assisting the 37 death row prisoners and their legal team. The lawyers had an excellent performance in court. Issues such as the essence of Taiwan’s constitution, the right to life, human dignity, international laws, the deterrent effect, arbitrariness, victims’ perspectives, public opinion, and alternative penalties were all mentioned.

The Ministry of Justice, on the other hand, was not well prepared and even provided incorrect information. Their main argument was politically motivated, stating that the Justices should not rule the death penalty unconstitutional since they were not elected by the people thus there was no public support. The decision of abolishing the death penalty or not should be left to administration and legislature.

TAEDP and the legal team have submitted their supplementary opinions to the Constitutional Court within 7 days after the hearing, in accordance with regulations. The Justices shall make their decision within three months with an extension of another 2 months if necessary. A decision of the Constitutional Court requires the consensus of more than 1/2 of the Justices. 3 of the 15 Justices recused themselves, so the concurrence of 7 of the remaining twelve Justices is required to make a ruling. Currently, the votes seem to be very close and we are anxious about the outcome. Nevertheless, we should be able to know by July 23 whether another abolitionist country will be added on the map.

Meanwhile, the media coverage of the constitutional interpretation has been enthusiastic, with major media outlets reporting on it. LIN Hsinyi, the executive director of TAEDP, have given many media interviews. Professor Manfred Nowak happened to be in Taiwan for the review of the national report on the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) last week, and he was asked to do an interview with the DW News (International human rights expert: Taiwanese people, be brave and abolish the death penalty!). We hope that the Taiwanese people can gain a deeper understanding of the related issues and reasons behind the arguments discussed at the Constitutional Court. However, several legislators from different parties who support the retention of the death penalty have voiced their concerns. They criticized that the Constitutional Court lacks a public mandate and should not rule the death penalty unconstitutional, and they argued that the decision of abolition should be left to the Congress. We worried that these irrational attacks on the Justices may cause extra pressure on them, however, these aggressions might prompt the Justices who have yet to decide their position to move towards our expectation.

Finally, we would like to thank many of our allies for their selfless contributions during this constitutional moment of the abolition movement in Taiwan. Several Taiwanese civil groups have submitted their amicus curiae briefs to the Constitutional Court. In addition to that, our international allies such as Mr. Saul Lehrfreund of the UK-based Death Penalty Project helped coordinating Professors Carolyn Hoyle and Jeffrey Fagan’s opinions for the National Human Rights Commission. Their information gave NHRC a strong support during the debate in the Constitutional Court. Ms. Aurelie Placais from WCADP and Ms. Chiara Sangiorgio from Amnesty International, they did a great job coordinating among their organizaitons, and the opinion gathered was submitted by AI-Taiwan as an amicus curiae brief. The Advocates for Human Rights Attorney provided the US experience, with the help of Amy Bergquist and the opinion was submitted via the lawyers to the Constitutional Court. Additionally, Professor Thomas Weigend from University of Cologne, Professor Dainius Žalimas, the former President of Lithuanian Constitutional Court, and Professor Jonas Prapiestis, former Chief Justice of the Lithuanian constitutional judgment which rules the death penalty unconstitutional, have all provided their professional opinions to the Taiwanese Constitutional Court. Last but not least, we would also like to thank many of the foreign consulates who share the same belief in human rights and human dignity for their generous support.

Regardless of the outcome of the constitutional interpretation, there is still a lot of hard work to be done. We hope you, fellow abolitionists around the world, will stay with TAEDP on this journey till the end.

(source: EDITORIAL by Taiwan Alliance to End the Death Penalty----worldcoalition.org)

MAY 14, 2024:

TEXAS:

Court declines death penalty case on jury selection

Over a written dissent by 2 justices, the Supreme Court on Monday declined to take up a death penalty case asking them to weigh in on when jury selection begins and the defendant has a right to be present. The order in Sandoval v. Texas came as part of a list of orders from the justices’ private conference last week. The justices did not add any new cases to their docket for the 2024-25 term.

The denial of review came in the case of a Texas man, Gustavo Sandoval, who was convicted of murder and sentenced to death for the killing of an off-duty border patrol officer during an attempted robbery. The Texas Court of Criminal Appeals, which is the state’s highest court for criminal cases, concluded that Sandoval did not have a constitutional right to attend special proceedings at which a judge conducted preliminary interviews of potential jurors who had been called specifically for his case, and who were given information about Sandoval and the charges against him.

Sandoval went to the Supreme Court, but the justices turned down his request without explanation on Monday morning. Justice Ketanji Brown Jackson dissented from that decision, in a six-page opinion joined by Justice Sonia Sotomayor.

Jackson contended that the special proceedings at which the trial judge interviewed potential jurors in Sandoval’s case closely resembled regular “voir dire” proceedings – the process used to determine the suitability of potential jurors. Because the Supreme Court has already recognized that a defendant has a right to be present during voir dire, she wrote, “it seems to me self-evident that a defendant’s presence for the 1st court appearance of prospective jurors assembled specifically for his case likewise bears on ‘the fulness of his opportunity to defend against the charge.’”

Because the Texas court’s decision to the contrary conflicts with the decision of other state and federal courts that would have allowed Sandoval to attend, she concluded, his case presents “an issue of clear constitutional and practical significance that this Court should have granted” review to resolve.

The justices denied review without comment in the case of another Texas inmate, Jose Gamboa, who was sentenced to death for 2 murders at a San Antonio bar in 2005 but has maintained his innocence since then. Gamboa’s petition for review centered on whether he could reopen a federal district court’s denial of his request for post-conviction relief when his request to do so rested on the allegation that the lawyer who represented him in that proceeding effectively abandoned him.

Gamboa’s court-appointed lawyer, John Ritenour, met with him only once, and did not conduct any additional investigation into Gamboa’s case before filing a petition for post-conviction relief. The claims in the petition that Ritenour eventually filed were essentially duplicates – including the typographical errors and grammatical mistakes – of the claims that Ritenour had filed in an earlier case.

Gamboa asked the court to appoint a new lawyer, but the district court denied both that request and, eventually, his petition for post-conviction relief. When Gamboa filed a motion under Federal Rule of Civil Procedure 60(b) to reopen the judgment in light of Ritenour’s abandonment, the district court rejected that request as well.

Gamboa then sought to appeal to the U.S. Court of Appeals for the 5th Circuit, but the court of appeals turned down his request. It reasoned that a motion under Rule 60(b) alleging that an attorney abandoned a criminal client, depriving that client of his right to counsel, is the kind of successive claim for post-conviction relief that federal law prohibits, because its purpose is to reopen the earlier proceedings to add new claims.

Gamboa came to the Supreme Court last fall, asking the justices to take up his case. But after requesting the record in his case from the lower courts – a sign that the court is likely looking closely at the case – the justices on Monday turned him down without any explanation.

The justices’ next private conference is scheduled for Thursday, May 16. Orders from that conference are likely to follow on Monday, May 20, at 9:30 a.m.

(source: scotusblog.com)

LOUISIANA:

Louisiana Jews form alliance to oppose gassing as means of execution

Louisiana’s Jewish community has formed an alliance committed to protesting and ultimately repealing a new state law allowing the use of gas as an execution method.

The Jews Against Gassing Coalition was formed after the March 5 passage of House Bill 6, which added the electric chair and nitrogen hypoxia as alternatives to lethal injection for death row inmates.

The group gathered May 6 at the state Capitol in Baton Rouge to observe Yom HaShoah, or Holocaust Memorial Day, and to urge legislative support for a pending bill to remove gas as an execution method in Louisiana.

“It is unfortunate that we need to be hosting this event on the Capitol steps today. But it is necessary, on the same day we remember past atrocities, to speak out to prevent the state from utilizing a means of execution that evokes memories of the method that was used to kill so many of our ancestors,” said Rabbi Phil Kaplan of Congregation Beth Israel in New Orleans.

“The use of poison gas for state-sanctioned execution unmistakably and immediately evokes for millions of American Jews horrific memories of the depravities our ancestors suffered at the hands of Nazi Germany, where lethal gas was used to mass murder our people.”

Nitrogen hypoxia made national and international headlines in January when Alabama became the 1st state known to execute a prisoner using the agent. Death penalty opponents around the world denounced Kenny Smith’s Jan. 25 execution as cruel, inhumane and experimental.

The state’s prediction Smith would quickly pass out after inhaling the nitrogen gas did not turn out to be the case, AL.com reported in a video: “Media witnesses saw that Ken Smith appeared to be conscious for several minutes after the gas began to flow before he proceeded to shake and writhe on that gurney for about 2 minutes. That 2 minutes of shaking and writhing on the gurney was followed by about 5 to 7 minutes of heavy breathing.”

The Equal Justice initiative pounced on the disparity between the state’s promise the gas would induce a quick and painless death and the fact it took Smith from 7:53 p.m. to 8:25 p.m. to die: “Mr. Smith clenched his fists and his legs shook. As Mr. Smith gasped for air, his body lifted against the restraints. Witnesses observed fluid inside of the mask. What witnesses observed last night are clear signs of distress and suffering.”

The United Nations swiftly condemned the execution as barbaric. “The use, for the 1st time in humans and on an experimental basis, of a method of execution that has been shown to cause suffering in animals is simply outrageous.”

Using Smith “as a human guinea pig to test a new method of execution amounted to unethical human experimentation and was nothing short of State-sanctioned torture,” the U.N. added. “The gruesome death inflicted on Smith is also likely to have caused extreme distress and suffering to his relatives.”

Smith devoted his last words to echo that sentiment and to reflect on the damage done to the state’s moral fabric, according to the federal Defender Services Office: “Tonight, Alabama caused humanity to take a step backward. … I’m leaving with love, peace and light. Thank you for supporting me, love all of you.”

“Tonight, Alabama caused humanity to take a step backward.

Religious groups swung into action in early March when Louisiana legislators, acting in special legislative session convened by Gov. Jeff Landry, voted to emulate Alabama’s use of nitrogen hypoxia. Leaders from a cross-section of faith organizations gathered on the Capitol steps to blast the legislation as “inexcusably cruel.”

And their voices were heard. Baton Rouge Public Radio recently reported the use of nitrogen hypoxia “is getting some pushback late in the legislative session.” Senate Bill 430, which would strike the use of gas from the state’s lineup of execution methods, passed out of committee unanimously in April.

The Jews Against Gassing Coalition ascribed the shift to legislators’ emerging awareness of the connection between gas and genocide.

“We realized after speaking to many legislators in the past few weeks that they didn’t realize how it would feel for us as Jews to add gassing as some method of execution,” said Jacqueline Stern, an executive board member with the Jewish Federation of Greater New Orleans. “They didn’t make the association with the Holocaust, but after it was brought up to them, it was undeniable and they understood our coalition’s perspective.”

Opposition to the use of nitrogen hypoxia for executions is rooted in the historical experience, moral teachings and commitment to justice of the Jewish community, said Aaron Bloch, director of Jewish multicultural and governmental affairs for the Jewish Federation of Greater New Orleans.

“The use of lethal gas in executions evokes painful memories of the Holocaust, where millions of Jews and others were murdered in gas chambers,” he explained. “And while we do not suggest comparisons to the atrocities of Nazi Germany under which millions of our relatives were murdered, still, we cannot imagine that Jewish communities anywhere can stand by while prisoners are executed in our names using any variation of that mechanism.”

(source: baptistnews.com)

OHIO:

117 people are on Ohio's death row, but last execution was 6 years ago because of this...

As of Monday, there were 117 inmates on Ohio's death row.

Only one is a woman.

Ohio's last execution was in 2018. That's because the state cannot obtain the drugs necessary for lethal injection.

Some Ohio lawmakers were backing a bill that would allow the state to move forward with executions using nitrogen gas administered through a face mask.

3 other states have already done this, and only Alabama has used it in an execution.

(source: WKRC news)

TENNESSEE:

Gov. Lee Signs Legislation That Allows Death Penalty For Child Rape Cases In Tennessee

On May 9th Governor Bill Lee signed House Bill 1663 / Senate Bill 1834 into Tennessee law. In summary, the legislation “authorizes the death penalty as a punishment for rape of a child, aggravated rape of a child, or especially aggravated rape of a child. – Amends TCA Title 39; Title 40 and Chapter 1062 of the Public Acts of 2022.”

In the House, the bill, sponsored by Rep. William Lamberth (R-Portland-District 44), had been placed behind the budget in February, causing concern that it may not be brought to the floor again this session, however, it was revived and passed on April 22nd with 77 Ayes, 19 Nays, and 1 PNV.

In the Senate, SB1834 was sponsored by Senator Jack Johnson (R-Franklin-District 27), where it passed in early April. The only Republican Senator who voted against the legislation was Todd Gardenhire (R-Chattanooga-District 10).

Under current state law, a person convicted of aggravated rape of a child must be sentenced to imprisonment for life without the possibility of parole. This legislation adds the death penalty as “another option” for punishment for these crimes.

As Representative Lamberth stated in his presentation of HB1663, “The atrocities that they have suffered deserve the severest of punishment. If the death penalty is an option in any case, it should be an option for those that rape children.”

(source: Tennessee Conservative)

OKLAHOMA:

Oklahoma Judge Finds Wade Lay Mentally Incompetent to Be Executed

Oklahoma prisoner Wade Lay will not be executed on June 6, 2024 as scheduled because a Pittsburg County judge has found him mentally incompetent to be executed. “The available evidence demonstrates, by a preponderance or greater weight of the evidence, that Mr. Lay is currently incompetent to be executed according to the governing legal standards,” Judge Tim Mills wrote. Defense and state experts who examined Mr. Lay found that, due to his schizophrenia, delusions, and paranoia, he lacks a rational understanding of the reason for his execution, and the state concedes that he is incompetent.

Callie Heller, one of Mr. Lay’s attorneys, said in a statement, “We are relieved that the district court and the State recognize that Wade Lay’s delusions prevent him from having any rational understanding of the reason for his execution, and carrying out that execution would violate the Constitution.” She explained, “Wade firmly believes that his execution is part of a wide-ranging government conspiracy aimed at silencing him.” State law requires that Mr. Lay be assessed periodically for competency, but his attorneys say that he is unlikely to be rendered competent. Ms. Heller said, “given the duration and severity of Mr. Lay’s mental illness and his deterioration in recent years, he is unlikely to become competent in the future.”

Although Mr. Lay had severe mental illness at the time of the crime, he was allowed to represent himself at trial. The trial judge did not order a mental health evaluation and did not appoint standby counsel to assist him with the complexities of a capital trial. Mr. Lay’s 19-year-old son, who was convicted for his role in the same crime, was sentenced to life without parole.

(source: Death Penalty Information Center)

CALIFORNIA:

Exclusion of Jewish Jurors Prompts Review of California Death Row Cases----Dozens of cases are under review after notes from jury selection in a 1990s murder case indicated that prosecutors worked to exclude Jews.

A jury was being chosen for a murder trial nearly 3 decades ago in California. The state was seeking a death sentence for Ernest Dykes, who had been charged with killing a 9-year-old boy during a robbery in Oakland.

Weighing who should be struck from the jury pool and who should be kept, a prosecutor made notes about a prospective juror:

“I liked him better than any other Jew but no way.”

Other notes about prospective jurors bore evidence of similar prejudice:

“Banker. Jew?” read one.

“Jew? Yes,” read another.

The notes — just handwritten scribbles — were discovered recently in an internal case file from the 1990s when Mr. Dykes was convicted of murder and sent to death row. A federal judge who is weighing an appeal by Mr. Dykes told the Alameda County District Attorney’s office to conduct a top-to-bottom search for any additional documents, and that search turned up the notes, which are now in the hands of the judge.

The notes offered a startling glimpse into a practice that some defense lawyers long suspected was going on, and that a former prosecutor had alleged was common in Alameda County — prosecutors seeking to exclude people of certain faiths, races or genders.

Now, Mr. Dykes, 51, and perhaps others on death row in California as well, may have their convictions tossed out and be granted new trials. The federal judge weighing his appeal has ordered a review of all California capital cases in which a defendant from Alameda County is still on death row. The county includes Oakland, Berkeley and a host of other Bay Area communities.

The inquiry, which may involve as many as 35 cases from as far back as 1977, is just getting underway. But the district attorney’s office says it has already found evidence that the discriminatory practice was widespread for decades and involved numerous prosecutors.

“When you intentionally exclude people based on their race, their religion, their gender or any protected category, it violates the Constitution,” said Pamela Price, the Alameda district attorney and a former civil rights lawyer.

Legal scholars and critics of the death penalty say some prosecutors have long sought to exclude certain groups from serving as jurors in capital cases, even after the courts made clear that the practice was unconstitutional. Given the long history of racial injustice in the United States, Black jurors were presumed to be sympathetic to defendants, especially to Black defendants. And in the decades after the Holocaust, Jews were presumed to be against capital punishment.

A team of prosecutors worked on the Dykes case, and the district attorney’s office said it has not been able to determine exactly who wrote the notes about prospective Jewish jurors.

The lead prosecutor in the case, Colton Carmine, is retired. Reached in Reno, Nev., where he now lives, Mr. Carmine declined to discuss the revelations about jury selection in the Dykes trial.

Ms. Price’s office has been contacting surviving relatives of the victims in the murder cases that are under review, to prepare them for the possibility of new trials and the prospect of reliving the trauma of having lost a loved one so violently.

Retrying the cases would present prosecutors with numerous challenges, like tracking down old case files and witnesses whose memories may have faded, or who have died.

Ms. Price, a former civil rights lawyer who is facing a recall election organized by critics who favor more punitive measures, said her office has reached about half the victims’ families so far. “Obviously people are not happy to hear from us after 20, sometimes 30 years, that the case is not over,” she said.

Lance Clark, the 9-year-old boy Mr. Dykes was convicted of killing, wanted to be an architect, and was “so smart, so bright,” said an uncle, Steve Robello. “He made his own toys. He made his own robots.” Just this week, he said, he visited his nephew’s grave and left flowers.

Kirstie Trias, Lance’s sister, said it was devastating to learn that Mr. Dykes may get a new trial. The notion that he was somehow a victim is “heart wrenching,” she said.

Allegations of religious and racial bias in Alameda County jury selection have surfaced before. In 2005, John R. Quatman, a former prosecutor in the district attorney’s office, gave a sworn declaration that “it was standard practice to exclude Jewish jurors in death cases.”

Mr. Quatman said at the time that a trial judge in a death penalty case had advised him to make sure that no Jewish jurors were selected.

“He said I could not have a Jew on the jury, and asked me if I was aware that when Adolf Eichmann was apprehended after World War II, there was a major controversy in Israel over whether he should be executed,” he said. Mr. Quatman added that the judge said, “no Jew would vote to send a defendant to the gas chamber.”

There is limited polling on Jewish views of the death penalty, but a 2014 poll by the Public Religion Research Institute found that among Jews support for capital punishment was notably lower than among white Protestants and white Catholics, while higher than among Hispanics and among Black Protestants.

Rabbi Jacqueline Mates-Muchin, the senior rabbi at Temple Sinai in Oakland, which is about to celebrate its 150th anniversary, said that learning of the alleged past pattern of bias among local prosecutors struck especially hard, given the rise of antisemitism today.

“It’s pretty awful,” she said. “The word disappointing isn’t enough.”

Alameda County, with a population of about 1.6 million, is home to about 50,000 Jews, according to a 2020 estimate by the American Jewish Population Project at Brandeis University.

Rabbi Mates-Muchin said the revelations are troubling on many fronts. “I feel horribly for the families of the victims. I also think that it isn’t fair to these defendants, who did not have a decent representation of the community that they’re from judging their case.”

Proving bias in selecting jurors, though, is notably difficult. Using what are known as peremptory challenges, lawyers can strike a certain number of prospective jurors without necessarily having to provide a reason. Even when a reason is required, lawyers can often draw on answers to jury questionnaires for indications of bias that can be used to justify excluding someone.

“For as long as there have been jury trials in death penalty cases, there has been racial discrimination and religious discrimination in the selection of juries,” said Robert Dunham, director of the Death Penalty Policy Project, an independent research organization within the Philadelphia law firm Phillips Black. “And we see it most frequently in the context of prosecutors striking African-American jurors.”

Brian Pomerantz, a lawyer who specializes in appeals of capital cases and represents Mr. Dykes alongside another attorney, Ann-Kathryn Tria, said that exposing jury bias in death penalty prosecutions in Alameda has been “my life’s quest.”

“I’ve been chasing this for a decade.,” said Mr. Pomerantz, who also represents two other death row inmates in Alameda cases whose trials he believes were tainted by the exclusion of Black and Jewish jurors.

California has the largest death row in the nation — there are currently 640 condemned inmates — but the state has not executed anyone since 2006. Gov. Gavin Newsom, a Democrat, is opposed to capital punishment and has imposed a moratorium on executions. He has also shut down the death chamber at San Quentin prison and transferred death-row inmates to other prisons around the state.

It is not difficult to look in any corner of the country and find cases overturned because of jury bias, and prosecutors’ offices where striking jurors based on race or religion was common.

“Historically we’ve seen practices by prosecutors — and we know this to be true, because we’ve seen videotapes of their lectures to their colleagues,” said Robin M. Maher, the executive director of the Death Penalty Information Center. “We’ve seen training manuals where it says, make sure to exclude everyone — women, Jews, people of color — anyone who is part of a group that they think could sympathize with someone who was on trial for his life.”

In Philadelphia, a training video that showed prosecutors how to exclude Black jurors was unearthed, leading to overturned convictions. In Mississippi, a Black man, Curtis Flowers, was tried six times in the same murder case, and ultimately the Supreme Court overturned his death sentence after ruling the prosecutors violated the Constitution in selecting the jury. More recently, a court in North Carolina held a hearing last month about allegations of racial bias in selecting a jury in the case of Hasson Bacote, a Black man sentenced to death in 2009.

Mr. Pomerantz said the emergence of such bias in Alameda County, in the heart of the liberal Bay Area, shows how ubiquitous the practice has been in the United States.

“You’re talking about where Berkeley is,” he said. “This isn’t Alabama. This isn’t Texas.”

(source: New York Times)

*******************

RIVERSIDE COUNTY DISTRICT ATTORNEY’S OFFICE OPPOSES EFFORT TO DECLARE DEATH PENALTY UNCONSTITUTIONAL

The Riverside County District Attorney’s Office opposes efforts led by the Office of the State Public Defender and the ACLU to declare the death penalty unconstitutional in California. This stance was taken in response to the ongoing case, Office of the State Public Defender v. Bonta, currently under consideration by the California Supreme Court.

On May 6, 2024, the DA’s Office filed a preliminary opposition to the petition by the Office of the State Public Defender and the ACLU.

“The claims put forth by the Public Defender’s Office and the ACLU regarding racial disparities in California's death penalty sentences are based on unreliable statistics and demonstrate a fundamental misunderstanding of our criminal justice system,” said District Attorney Mike Hestrin. “Despite their unfounded accusations, our decisions are guided solely by the facts and evidence of each case, not by race. The petitioners are disregarding both the California Constitution and the rights of victims in their pursuit of a narrow agenda. We trust that the Supreme Court will swiftly reject this politically motivated abuse of the judicial process.”

The Riverside County District Attorney’s Office has identified more than a dozen significant legal and factual flaws in the lawsuit and contends that it is an attempt to circumvent the will of California voters.

In 2016, California voters rejected Proposition 62, which aimed to repeal the death penalty. That same year, voters approved Proposition 66, which introduced several measures to expedite the processing of death row cases.

The petition, if granted, would nullify more than 600 death sentences rendered by juries and confirmed by judges across California. The Riverside County DA’s Office is requesting that the California Supreme Court deny this petition. As stated in the preliminary opposition filed by the DA’s Office: “There is nothing proper or legal about this petition. This court should put a stop to this improper political maneuver and misuse of the judicial process.”

The Riverside County District Attorney's Office urges the public and the media to closely scrutinize this improper effort to declare the death penalty unconstitutional and to support efforts that uphold the rule of law. A copy of the preliminary opposition filed by the DA’s Office, case number S284496, is available to the media upon request.

(source: rivcoda.org)

NIGERIA:

Death Penalty For Drugs: Deterrence Or Retribution?----Recently, social media activists called for the death penalty to be introduced for corruption. This was in response to the Senate passing the National Drug…

Recently, social media activists called for the death penalty to be introduced for corruption. This was in response to the Senate passing the National Drug Law Enforcement Agency (NDLEA) Act (Amendment) Bill 2024, which alters the punishment for the importation of hard drugs into the country from life imprisonment to the death penalty. The social media activists demanding the execution of those public office holders found guilty of “large scale” corruption, asked cynically why the National Assembly (NASS) is so keen to introduce the death penalty for a multitude of non-violent offences such as drug dealing, yet so reluctant to enforce it for corruption, which is in effect the most heinous crime affecting every citizen in the nation.

It’s a widely accepted economic reality that the nation is regressing economically into overwhelming debts, and socially into increasing discord due to massive corruption and wholesale treasury looting. It is quite clear that a drug dealer does not cause as much hardship and loss of life as a corrupt public office holder. Despite this, the NASS doesn’t see the anti-corruption war as its battle, but rather sees it as a problem which should be tackled selectively by the executive arm of government.

Legislators have never seriously considered a bill for death penalty as the punishment for corruption and isn’t about to do so. China is a bastion of minimal corruption, and has no time for plea bargaining or the return of stolen funds. Without much ado, the Chinese routinely execute high-ranking public officials who steal massive public funds, and the benefits are undeniable. Even as Nigeria slides further into decay and economic morass, China’s economy is booming and the standard of its citizens is increasing annually.

In Nigeria, the death penalty is authorised by Section 33 of the Constitution. Offences already punishable by the death penalty include armed robbery, murder, kidnapping, treason, and under Shari’a law, offences such as adultery and rape are also punishable by death.

Studies have shown that there is no reliable, scientifically sound evidence which proves that executions exert any deterrent effect. Social scientists agree that the death penalty fails to consider all relevant factors that drive people into criminal activities. For example, when considering murder, the death penalty has proved not to be a deterrent. The majority of murders are crimes of passion which are influenced by a desire for revenge, which takes over any rational thinking.

It is also quite clear that the death penalty hasn’t deterred armed robbers, who appear to become more emboldened every day. In light of all this, altering the NDLEA bill to introduce the death penalty for drug-related offences is a superficial approach to solving what is an admittedly growing problem.

In a nation in which opportunities for making a decent, honest living are decreasing daily, it should come as no surprise that non-violent crime is on the increase and a more holistic solution must be found.

For centuries, the death penalty has been implemented in an attempt to hold crime in check, yet crime persists and is, in fact, on the increase. Doubtless, there are times when capital punishment is justified, but the truth which the Senate seems not to have taken on board, is that very few Nigerians who receive the death penalty are actually executed. State governors are reluctant to sign execution orders and as such, condemned convicts remain on death row for decades on end. This is a worldwide phenomenon. In 2022, there were 3, 700 people on death row for drug offences worldwide and there were 285 executions for drug offences.

Many countries with the death penalty for drug-related offences have not carried out executions for any crime in the past 10 years, yet they continue to pass death sentences!

Even though jurists don’t like to admit it, the Nigerian criminal justice system is corrupt, fallible and economically prejudiced against the poor, who mainly get convicted of serious crimes. This is the most compelling and persuasive reason to limit the imposition of the death penalty. The death penalty should only be given when a life has been taken and there is no margin for error in finding the accused guilty.

Albert Camus said that capital punishment is the most premeditated of murders because an evil deed is never redeemed by an evil deed in retaliation. Henry Ford said that capital punishment is as fundamentally wrong as a cure for crime, as charity is as wrong as a cure for poverty. In truth, capital punishment can neither right a wrong nor prevent another one from happening.

It is a well-known fact that countries which have capital punishment have a much higher rate of murder and crime than countries which do not. As Martin Luther King, Jr. said, “Returning violence for violence simply multiplies violence, adding deeper darkness to a night already devoid of stars.

The major arguments against the death penalty focus on its inhumanness, lack of deterrent effect, economic bias and irreversibility. It is important for our lawmakers to understand that their fondness for the death penalty in matters not involving a loss of life is not a matter of deterrence, it’s simply a poorly thought-out retribution.

(source: dailytrust.com)

**************

The 3,000 drug traffickers on death row

The Senate recently passed a bill seeking to prescribe death penalty for persons found guilty of trading or consuming hard drugs and narcotics. The bill titled “National Drug Law Enforcement Agency Act (Amendment Bill) 2024” was passed after majority of the senators supported it at the Committee of the Whole. There are many former states governors who refused to execute more than 3,000 inmates on death row in correctional centres, in Nigeria but they are members of Nigeria’s Senate that proposed significantly tough penalties for drug trafficking, making the death penalty the new maximum sentence through a law amendment.

The amendment, which is not yet law, replaces life imprisonment, which was previously the harshest punishment. The former governors are passing wrong message and they are deceiving Nigerians. It is difficult for Nigerians to believe that the former governors that refused to sign the death warrant of inmates on death row are proposing death penalty for drug traffickers.

Nigeria, Africa’s most populous country of more than 200 million people, has in recent years gone from being a transit point for illegal drugs to a full-blown producer, consumer and distributor.

Opioid abuse, especially tramadol and cough syrups containing codeine, has been widespread throughout Nigeria, according to the National Agency for Food and Drug Administration and Control, which banned production and import of codeine cough syrup in 2018. While cannabis is cultivated locally, cocaine, methamphetamine and other narcotics are trafficked through the country alongside opioids to feed a growing addiction problem.

The Nigerian Prisons Service (NPS) was renamed Nigerian Correctional Service (NCS). But many are not excited by the name change because in real terms, nothing has changed. This much was confirmed by the former NCS Controller General, Ahmed Ja’afaru who disclosed that almost 3000 inmates who have spent 10 years on death row still live under the suspense and mental torture of death. “Out of the number, a greater percentage of them may have finished appeals and are still waiting for the determination of the approving authority to either approve their execution or commit them to life imprisonment,” said Ja’afaru.

According to Ja’afaru, the prisons across the nation have a population of 73,102 prisoners, 19,878 convicted males and 299 convicted females. Condemned male prisoners stand at 2677, and females, 42. But like it has always been, prisoners awaiting trial constitute the majority as their numbers stand at 50,216. Some lunatics numbering 13 are also quartered at the Enugu prison while condemned prisoners make up the rest. Most disturbing is the large turnover of inmates on death row in the country.

We can understand that some governors dither in signing death warrants on humanitarian, political, religious, emotional and ethnic grounds. But whatever may be the mitigating sentiments, the delay in carrying out this executive function is breeding congestion that has impacted significantly on the administration of justice. That is aside the helplessness endured in the roller coaster of emotions for these condemned inmates who have practically been reduced to the status of the living dead.

Statutorily, governors are not bound to sign the warrants for the execution of people on death row. They can exercise their prerogative to commute such sentences to lifetime in jail or reduced the jail terms. They can also grant such convicts state pardon, therefore putting a closure to the matter. But it is unacceptable for them to leave inmates perpetually on death row.

The obligation on the governors is specifically enshrined in Section 212 of the 1999 Constitution as well as Section 221 of the Penal Code and Section 319 of the Criminal Code. All this prescribes capital punishment for murder while sections 37 and 38 of the Criminal Code prescribe the same punishment for treasonable felony. There is of course a global campaign against capital punishment, but it is still applicable in Nigeria. Majority of these death row inmates are in solitary confinement having been convicted for such offences as murder, treason, and armed robbery. Some states in the country have also enacted capital punishment for those convicted of kidnapping.

It is an inherent violation on their rights and dignity to keep people interminably on death row, especially for cases that have been concluded by the Supreme Court. Such practice is antithetical and capable of inflicting traumatic shock on the condemned inmates awaiting an imaginary death in solitary confinement. To put in context, prisoners on death row are condemned to a kind of existential limbo, existing as entities in cold storage rather than living as human beings. We therefore imagine the harrowing spell condemned prisoners go through daily in solitary cells, humbled by the force of an impending death that seems to be an eternity.

Whatever may be the justifications, prolonged solitude is a punishment that is detrimental to the psychology of death row inmates. It kills the victims incessantly and unmercifully. We welcome Section 12 (2c) of the new NCS Act which provides that where an inmate on death sentence had exhausted legal procedures for appeal and a period of 10 years had elapsed without execution of the sentence, the chief judge may commute the death sentence to life imprisonment. It is the right thing to do.

Inwalomhe Donald,

Abeokuta, Ogun state

(source: Letter to the Editor, blueprint.ng)

****************

3,000 inmates on death row and death sentence for drug traffickers

THE Senate recently passed a bill seeking to prescribe death penalty for persons found guilty of trading or consuming hard drugs and narcotics. The bill titled: “National Drug Law Enforcement Agency Act (Amendment Bill) 2024”, was passed after majority of the senators supported it at the Committee of the Whole House.

There are many former state governors who refused to execute more than 3,000 inmates on death row in correctional centres in Nigeria but they are members of Nigeria’s Senate that proposed significantly toughening penalties for drug trafficking, making the death penalty the new maximum sentence through a law amendment. The amendment, which is not yet law, replaces life imprisonment, which was previously the harshest punishment.

The former governors are passing wrong message and they are deceiving Nigerians. It is difficult for Nigerians to believe that the former governors that refused to sign the death warrant of inmates on death row are proposing death penalty for drug traffickers.

Nigeria, Africa’s most populous country of more than 200 million people, has in recent years gone from being a transit point for illegal drugs to a full-blown producer, consumer and distributor.

Opioid abuse, especially tramadol and cough syrups containing codeine, has been widespread throughout Nigeria, according to the National Agency for Food and Drug Administration and Control, NAFDAC, which banned production and import of codeine cough syrup in 2018. While cannabis is cultivated locally, cocaine, methamphetamine and other narcotics are trafficked through the country alongside opioids to feed a growing addiction problem.

The Nigerian Prisons Service, NPS, was renamed Nigerian Correctional Service, NCS. But many are not excited by the name change because in real terms, nothing has changed. This much was confirmed by the former NCS Controller General, Ahmed Ja’afaru, who disclosed that almost 3000 inmates who have spent 10 years on death row still live under the suspense and mental torture of death. “Out of the number, a greater percentage of them may have finished appeals and are still waiting for the determination of the approving authority to either approve their execution or commit them to life imprisonment,” said Ja’afaru.

According to Ja’afaru, the prisons across the nation have a population of 73,102 prisoners, 19,878 convicted males and 299 convicted females. Condemned male prisoners stand at 2,677 and females, 42. But like it has always been, prisoners awaiting trial constitute the majority as their number stands at 50,216. Some lunatics numbering 13 are also quartered at the Enugu Prison, while condemned prisoners make up the rest. Most disturbing is the large turnover of inmates on death row in the country.

We can understand that some governors dither in signing death warrants on humanitarian, political, religious, emotional and ethnic grounds. But whatever may be the mitigating sentiments, the delay in carrying out this executive function is breeding congestion that has impacted significantly on the administration of justice. That is aside the helplessness endured in the roller-coaster of emotions for these condemned inmates who have practically been reduced to the status of the living dead.

Statutorily, governors are not bound to sign the warrants for the execution of people on death row. They can exercise their prerogative to commute such sentences to lifetime in jail or reduced the jail terms. They can also grant such convicts state pardon, therefore putting a closure to the matter. But it is unacceptable for them to leave inmates perpetually on death row.

The obligation on the governors is specifically enshrined in Section 212 of the 1999 Constitution as well as Section 221 of the Penal Code and Section 319 of the Criminal Code. All this prescribes capital punishment for murder while sections 37 and 38 of the Criminal Code prescribe the same punishment for treasonable felony.

There is of course a global campaign against capital punishment, but it is still applicable in Nigeria. Majority of these death row inmates are in solitary confinement having been convicted for such offences as murder, treason, and armed robbery. Some states in the country have also enacted capital punishment for those convicted of kidnapping.

It is an inherent violation on their rights and dignity to keep people interminably on death row, especially for cases that have been concluded by the Supreme Court. Such practice is antithetical and capable of inflicting traumatic shock on the condemned inmates awaiting an imaginary death in solitary confinement. To put in context, prisoners on death row are condemned to a kind of existential limbo, existing as entities in cold storage rather than living as human beings.

We therefore imagine the harrowing spell condemned prisoners go through daily in solitary cells, humbled by the force of an impending death that seems to be an eternity.

Whatever may be the justifications, prolonged solitude is a punishment that is detrimental for the psychology of death row inmates. It kills the victims incessantly and unmercifully. We welcome Section 12 (2c) of the new NCS Act which provides that where an inmate on death sentence had exhausted legal procedures for appeal and a period of 10 years had elapsed without execution of the sentence, the chief judge may commute the death sentence to life imprisonment. It is the right thing to do.

(source: vanguardngr.com)

ZIMBABWE:

Gweru residents call for abolition of death penalty

(see: https://www.chronicle.co.zw/gweru-residents-call-for-abolition-of-death-penalty/)

JAPAN:

Hakamada writes, ‘God, I’m innocent,’ at the start of ordeal

Editor's note: A retrial of Iwao Hakamada, 88, who had been incarcerated for nearly half a century on murder charges, is to conclude on May 22. Before the retrial’s last hearing, we shine a spotlight on letters he wrote on death row in a 4-part series. This is the 1st installment.

The odds were always stacked against Iwao Hakamada.

Prosecutors in Japan have a 99-% conviction rate for individuals charged with crimes. And for inmates who insist they are innocent, getting a court to grant a retrial has been extremely rare.

Hakamada, 88, is also fighting against time to clear his name. He was recognized by Guinness World Records as the longest serving death row inmate.

The former professional boxer was 30 when he was arrested on suspicion of murdering four people--a manager of a miso manufacturer and three members of his family--robbery and arson in 1966.

The Supreme Court in 1980 finalized his conviction and death sentence.

But in 2014, a district court accepted Hakamada’s second appeal for a retrial, citing the possibility that key evidence against him had been fabricated.

The court also ordered Hakamada’s release, ending his incarceration spanning more than 47 years.

However, the time on death row took a heavy toll on his mental condition.

For his retrial, which started in October, Hakamada is not required to appear in court because he is not deemed mentally fit to give credible testimony.

***

HAMAMATSU, Shizuoka Prefecture--8 plastic trays holding thousands of letters in various stages of decay sit in a closet of an apartment here in central Japan.

Some of the letters have yellowed with age. Others have gathered mold.

The letters were written by Iwao Hakamada mainly to his family between 1967, when he first stood trial at the Shizuoka District Court, and 1995, when he was fighting for a retrial as a death row inmate.

The letters are now kept at the home where Hakamada and his sister, Hideko, live.

In mid-October, just before the retrial started, Hideko, now 91, placed the letters on a table at their apartment.

“Iwao never stopped writing, seizing every opportunity available,” said Hideko, who has waged a tireless campaign for her brother’s release. “I have kept and bound his letters together. That is something I thought I can do for him.”

Although the subject matter varied, and Hakamada’s mental illness was apparent in his later letters, one thing remained consistent throughout his decades of correspondence: He always maintained his innocence.

“God. … I am innocent. I shout this every day, praying with all my heart that what I am crying out will ride the wind from Shizuoka to reach the ears of people outside.” (Around January 1967)

His early letters were addressed to his mother. But after her death, he wrote mainly to Hideko. Other relatives and defense lawyers who received letters from Hakamada entrusted Hideko to preserve them.

After he was imprisoned, Hakamada learned pen calligraphy, one of the things he took up to pass the time.

Some letters showed the masterful handwriting skills he acquired behind bars. But in other letters, his longhand was “just flowing,” said Hideko.

He seemed preoccupied with unloading everything from his heart, rather than paying attention to how his handwriting looked.

“Even when I reread those letters, I never got sentimental,” Hideko said. “I’ve had much bigger things to worry about.”

Locked up in prison, Hakamada could only find solace when he met his family members.

In his letters, he described how encouraged he felt when his relatives visited him and how much he looked forward to their next visits.

Hideko made it a point to see him regularly. She wanted him to know that his family would never give up on him.

She recalled that on one visit, the time flew by because Hakamada spoke nonstop, leaving her time only to nod.

Nevertheless, she was heartened that he was in good spirits.

Hideko had also sent him money for buying daily necessities in prison.

In one letter at the end of the text, Hakamada scribbled down in small letters: “Please send me 3,000 yen” ($20).

In another letter that arrived at the end of the same month, he listed items he had bought with the money-- bananas, milk coupons and toilet paper. He added, “Thank you.”

He seemed hopeful that the truth would emerge in the judicial process.

“I, too, believe that it is extremely difficult for humans to try other humans. There are many mistakes in the world. I would like the court to try my case earnestly.” (Around April 1967)

A team of Asahi Shimbun reporters studied more than 2,000 pages of his letters after obtaining permission from Hideko and others in their possession to trace his life in incarceration.

His thousands of letters are now invaluable testimonials about his thoughts and feelings during his long battle for vindication.

The letters show a roller-coaster ride of emotions: hopeful of being found innocent, devastated by being sentenced to death, and encouraged by supporters campaigning for his freedom.

But his declining mental health became reflected in his writing. Toward the end of his incarceration, his letters contained paranoid ramblings about his battles against the devil and painful electrical existences.

For details of Hakamada's trial and letters, check out https://www.asahi.com/special/hakamadaletters/en/

(source: The Asahi Shimbun)

SINGAPORE:

Singapore Court of Appeal overturns man’s death sentence due to inconsistencies in prosecution’s case----On 8 May, the Singapore Court of Appeal overturned the death sentence of a 63-year-old Singaporean man due to inconsistencies in the prosecution’s timeline of drug delivery.

On 8 May, the Singapore Court of Appeal issued a significant judgment overturning the death sentence of Mohamed Mubin bin Abdul Rahman, a 63-year-old convicted of trafficking heroin.

The reversal was due to critical inconsistencies in the prosecution’s narrative concerning the timeline of the drug delivery, which was central to the conviction.

Mubin was previously convicted with 2 capital charges under section 5(1)(a) combined with sections 5(2) and 12 of the Misuse of Drugs Act for trafficking in diamorphine by Justice Valerie Thean on 10 March 2020.

The case dates back to 8 September 2015, when Central Narcotics Bureau officers arrested Lokman bin Abdul Rahman at a condominium in Katong. Lokman was found carrying a black bag containing 2 bundles of granular substances, totaling at least 39.28 grams of heroin. Further investigations led to a condo unit rented by his brother Mubin, where additional drugs were discovered.

When Mubin was arrested on October 5, 2015, he was found with methamphetamine, heroin, empty sachets, and a weighing scale.

The prosecution contended that Mubin had orchestrated the collection and distribution of the drugs, directing Lokman to deliver one bundle of heroin to a contact named “Edy” and the other back to himself.

According to the prosecution, the drugs originated from Malaysian suppliers Mohd Zaini Zainutdin and Mohd Noor Ismail.

Throughout the trial, Lokman maintained he acted under Mubin’s instruction, receiving drugs and money in return. In contrast, Mubin denied any involvement, stating he only consumed methamphetamine, which he claimed was the only drug supplied by Zaini.

The trial court initially concluded that the drugs in question were delivered on 5 September 2015, siding with the prosecution that Mubin was the mastermind behind the operation. Consequently, Mubin was sentenced to death, while Lokman received a life sentence, recognized merely as a courier.

However, during Mubin’s appeal, his attorneys, Mr Eugene Thuraisingam and Mr Johannes Hadi, argued that the prosecution’s case was flawed due to a significant shift in their narrative during the trial.

This shift, they claimed, prejudiced Mubin’s defence. Specifically, the prosecution changed its stance on the delivery dates of the heroin bundles, initially claiming a specific timeline before adopting a broader timeframe in its closing arguments.

Chief Justice Sundaresh Menon, delivering the judgment, noted the prosecution’s inconsistency regarding when the drugs were delivered significantly weakened their case. He remarked, “The shifts in the prosecution’s narrative not only affected the overall integrity of their case but also impeded a fair assessment of the evidence.”

The Court of Appeal noted significant shifts in the prosecution’s position regarding the delivery dates of the drugs involved in Mohamed Mubin bin Abdul Rahman’s case, which were central to the charges against him. Initially, the prosecution’s narrative was that 2 bundles of diamorphine delivered on 5 September 2015, had been unwrapped and disposed of by the time of Lokman’s arrest on 8 September 2015.

This narrative was based on the evidence given by Lokman, which the prosecution did not challenge. Instead, the prosecution agreed that these bundles had been delivered on 7 September 2015.

However, after the appellant, Mubin, testified, the prosecution shifted its stance. In their closing submissions, they suggested that it did not matter whether the bundles were delivered on 1, 5, or 7 September in 2015. This change occurred after the defence had closed its case, which was argued to have caused prejudice to the appellant because the defence could not effectively address this new position.

The Court of Appeal viewed this shift in the prosecution’s position critically, as it impacted the fairness of the trial process. The court expressed concern that this late change in the prosecution’s narrative could have affected the defence’s ability to mount an effective response, potentially impacting the outcome of the trial.

Based on these findings, the court concluded that there were significant inconsistencies and doubts in the prosecution’s case on when and how the drugs were supposedly delivered, leading to the overturning of the case against Mubin.

Following the judgment to overturn the sentence, the court posed several questions to be addressed through written submissions within 4 weeks.

These questions included whether an acquittal should be issued or if a retrial should be ordered, considering the principles established in AOF v Public Prosecutor [2012] 3 SLR 34 and the significant time that has elapsed since the alleged offense.

Additionally, the court queried if, in the event of a discharge amounting to an acquittal, any altered charges should be preferred against Abdul Rahman in light of his admissions of obtaining methamphetamine from Zaini on multiple occasions, including on 7 September 2015.

(source: gutzy.asia)

INDONESIA:

Ukrainians, Russian face death over Bali drug lab

2 Ukrainians and a Russian national face the death penalty in Indonesia after police raided a suspected drug lab on the popular resort island of Bali, police said on May 13.

Authorities said four suspects, including an Indonesian national, were arrested earlier in May at a villa on the island.

They are accused of operating a hydroponic marijuana and mephedrone manufacturing laboratory.

The Ukrainian suspects, named only by their initials IV and MV, were in charge of producing and mixing materials to manufacture the drugs, said Mr Wahyu Widada, head of Indonesia’s criminal investigation agency.

The Russian suspect identified as KK was a drug marketer under a network called Hydra, he added.

All were charged with drug offences that carry a maximum punishment of the death penalty and a fine of 10 billion rupiah (S$840,700).

Police confiscated at least 10kg of hydroponic marijuana, 684g of mephedrone, and 107g of cocaine.

“We also confiscated ecstasy moulding equipment by which they attempted to produce the drugs but their production had always been unsuccessful,” Mr Wahyu said in the press release.

Police said the Indonesian suspect was also being investigated for an earlier drug lab case in capital Jakarta.

Indonesia has some of the world’s toughest drug laws including the death penalty for traffickers.

There are dozens of traffickers on death row in the country, including a cocaine-smuggling British grandmother and a Philippine woman accused of smuggling heroin.

Earlier on May 13, Bali police said a 49-year-old Australian faces up to 20 years in prison and a fine of more than US$600,000 (S$812,000) for allegedly consuming and attempting to sell crystal meth.

(source: straitstimes.com)

***************

Apex court in Kuching upholds ex-fishmonger’s death sentence for 2014 slaying of British medical students

The Federal Court here today upheld the death sentence imposed on a former fishmonger convicted of murdering 2 British medical students 10 years ago. A 3-member bench unanimously dismissed Zulkipli Abdullah’s application to review his death sentence under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.

Zulkipli, now 33, was convicted in 2015 of murdering Aidan Brunger and Neil Dalton, both 22, in front of a budget hotel at Abell Road here between 4.10am and 4.15am on Aug 6, 2014.

He was sentenced to death by the High Court under Section 302 of the Penal Code, and the decision was upheld by the Court of Appeal and Federal Court.

In her submission today, deputy public prosecutor Datin Asmah Musa argued that Zulkipli’s death sentence should be affirmed because the killings were done “in such a gruesome, heinous, savage, vicious, violent and brutal manner, clearly demonstrating a blatant disregard for the sanctity of human life”.

She said the offence was premeditated involving the use of a knife and committed out of anger against the 2 victims, who were strangers to Zulkipli.

The 3-member bench comprised Datuk Rhodzariah Bujang, Datuk Nordin Hassan and Datuk Hanipah Farikullah.

Based on the facts of the case, Zulkipli and his friends were driving in the city centre after a night of drinking when they spotted Brunger and Dalton, who were 4th-year medical students from Newcastle University attached at Sarawak General Hospital here as part of their internship.

Declaring his intent to ‘test his strength’, Zulkipli pursued and violently attacked the men, fatally stabbing them despite attempts by his friends to stop him.

After the attack, Zulkipli had the blood-stained knife cleaned and told one friend, ‘Pisau ini baru cucuk orang putih’ (this knife has just stabbed White foreigners).

Representing Zulkipli in court today was assigned counsel Candida Entri.

(source: theborneopost.com)

MALAYSIA:

Sibu man in 2013 triple murder has death sentence commuted to 40 years’ jail

A 54-year-old man was spared the gallows today after the Federal Court commuted his death sentence for the 2013 murders of his wife and two children in Sibu to 40 years in prison.

A 3-member panel made the unanimous decision after accepting an application by lawyer Lau Le Bin, representing Jacob Tiang Lee Yee, in accordance with Section 3(1) of the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.

The panel comprised Justices Datuk Rhodzariah Bujang, Datuk Nordin Hassan and Datuk Hanipah Farikullah.

Tiang was sentenced to death on December 17, 2014 after he was found guilty of murdering wife Ling Yung Ming, 40, daughter Christine, 14, and son Victor, 2, at the family’s house in Pulau Li Hua between 6.20am and 9.50am on July 5, 2013.

Based on past news reports, Tiang committed the murders as he owed moneylenders millions of ringgit.

On August 16, 2016, the Court of Appeal upheld the conviction and death sentence imposed by the High Court.

On September 19 last year, Tiang filed a Notice of Motion to the Federal Court to request for his death sentence to be commuted to imprisonment.

DPP Datin Asmah Musa appeared for the prosecution.

(source: malaymail.com)

SAUDI ARABIA----executions

Saudi Arabia executes 2 Syrian nationals for smuggling narcotics

Saudi Arabia has executed 2 Syrians over their alleged involvement in drug smuggling within the Kingdom, as the trafficking of narcotics from Syria continues to plague the region.

According to the state-run Saudi Press Agency (SPA), the Ministry of Interior released a statement announcing the execution of 2 criminals of Syrian nationality on Saturday, 11 May, in the Kingdom’s north-western Tabuk region.

Having been caught by authorities for allegedly smuggling amphetamine pills on an unspecified date, the 2 Syrians – named Imad Mahmoud Hussein and Mustafa Mahmoud Hussein – were handed a decree confirming their guilt and subsequently sentenced to death. That ruling was upheld by the Court of Appeal and the Supreme Court, with a royal decree enforcing it.

In its statement, the Saudi Interior Ministry emphasised that the government is committed to combating narcotics of all kinds and the severe harm they cause to both society and individuals, as well as the authorities’ enforcement of the harshest penalties.

Over the past 5 years, at least tens of millions of Captagon pills – a type of amphetamine – have been seized throughout the Middle East, Europe, and North Africa, with Jordan and Saudi Arabia particularly being key destinations and transit locations for the trafficking operations.

It was first thought by many that the terror group, Daesh, was responsible for Captagon’s production and exports, but it was discovered that Syria’s Assad regime and its allied militias are responsible for the operations, utilising the drug trade to circumvent international sanctions.

(source: middleeastmonitor.com)

******************

Saudi Arabia postpones execution of Kenyan man----Stephen Munyakho, son of veteran journalist Dorothy Kweyu, received the death penalty in 2011 following a fatal fight with a colleague in the Gulf nation

A Kenyan man due to be executed in Saudi Arabia has had a last-minute reprieve following a large-scale social media campaign.

Stephen Munyakho, son of veteran journalist Dorothy Kweyu, received the death penalty in 2011 following a fatal fight with a colleague in the Gulf nation.

According to the Bring Back Stevo campaign, run by Munyakho’s supporters, both workers “sustained stab wounds” but only Munyakho survived.

Consequently Munyakho was handed the death sentence.

Under Saudi law, a death sentence can be lifted if the family agrees to get compensation instead.

His family back home in Kenya have been attempting to raise the required blood money, which is 3 1/2 million Saudi riyals (US$940,000; £750,000), for the deceased’s family.

On Monday, just two days before Munyakho was due to be executed, Kenya’s Principal Secretary for Foreign Affairs said Saudi Arabia had “kindly granted” the government’s request to postpone the death in order to allow for “further negotiations between all parties”.

Korir Sing’Oei wrote on social media platform X: “As we devise strategies to bring this matter to a more acceptable conclusion, and thereby giving both families the closure they so urgently need and deserve, we shall continue to lean on the warm and solid friendship that we have with our Saudi partners, as well as on the goodwill of all Kenyans.”

(source: asaaseradio.com)

IRAN----executions

Mohammad Afghan and Houshang Nourollahi Executed in Gorgan

An Afghan national named Mohammad Afghan and Houshang Nourollahi Younjalu were executed for drug-related charges in Gorgan Central Prison. Mohammad Afghan’s mother was denied permission to visit her son for the last time.

According to information obtained by Iran Human Rights, 2 men were executed in Gorgan Central Prison on 8 May. Their identities have been established as Houshang Nourollahi Younjalu and Mohammad Afghan, a 28-year-old Afghan national. They were sentenced to death for drug-related charges by the Revolutionary Court.

An informed source told Iran Human Rights: “Houshang Nourollahi was from Ardabil and was arrested for drug charges 2 years ago. Mohammad had come to Iran with his parents as a teenager but his father died of illness. His mother wasn’t permitted to visit her son for the last time.”

At the time of writing, their executions have not been reported by domestic media or officials in Iran.

It is important to note that Afghan nationals constitute the largest group of non-Iranian executions and death row cases in Iranian prisons. The number of their executions have been steadily rising since the Taliban takeover in 2021. At least 5 Afghan nationals were executed in 2021 which more than tripled in 2022, with 16 Afghan nationals including a juvenile offender and a woman executed. In 2023, at least 25 Afghans were executed, a 56% rise compared to the previous year. Mohammad Afghan is the 13th Afghan national executed in 2024.

Drug-related executions have continuously risen every year since 2021. According to IHRNGO’s 2023 Annual Report on the Death Penalty, at least 471 people were executed for drug-related charges, an 84% increase compared to 2022 (256) and about 18 times the average of drug-related executions in 2018-2020.

On 10 April 2024, 80+ Iranian and international organisations and groups called for joint action to stop drug-related executions, urging UNODC to make “any cooperation with the Islamic Republic contingent on a complete halt on drug-related executions.”

(source: iranhr.net)

*********

UN Demands Iran Revoke Death Sentence for Mahmoud Mehrabi

United Nations experts on Monday called for Iran to rescind the death penalty imposed on Mahmoud Mehrabi, an anti-corruption activist.

Mehrabi, arrested last year, was charged with “corruption on earth”—a vague term that Iran employs to describe various offenses, including blasphemy and actions against Islamic morals, all stemming from his online activism focused on justice and corruption.

The UN team of experts, led by Javaid Rehman, Special Rapporteur on the situation of human rights in Iran, said that "the expression of critical views online and offline cannot meet the threshold under international law for the imposition of the death penalty.” They added that the accusations against Mehrabi do not constitute "the most serious crimes."

In September, the situation escalated as Mehrabi was slapped with additional charges including “propaganda against the state”, “inciting disobedience among police and military forces”, “inciting to war”, “crimes against national security”, and “insulting Iran's founding and current supreme leaders”. Subsequently, Iran’s Revolutionary Court sentenced him to death.

The UN’s experts said “the arrest, detention and sentencing to death of Mr. Mehrabi sends a chilling message to all those who wish to express themselves freely in Iran.”

The team urged Iranian authorities to amend the constitution and the penal code to abolish the death penalty and commute all existing death sentences.

Rights group Amnesty International reported earlier this year that 853 people were executed in Iran in 2023, a record number in the last 8 years. The execution wave continues with dissidents and their families being targeted across the country.

(source: iranintl.com)

MAY 13, 2024:

TEXAS:

Prosecutors Not Seeking Death Penalty Against Accused East Texas Pastor’s Killer

The Smith County District Attorney’s Office has announced they will not seek the death sentence for the man accused of killing Pastor Mark McWilliams three years ago at Starrville Methodist Church in Winona. 24-year-old Mytrez Deunte Woolen is Charged with Capital Murder. DA Jacob Putman said Woolen has a “verified mental illness,” and is not eligible for the death penalty.

(source: easttexasradio.com)

FLORIDA:

Judge to make decision on motion to disqualify State Attorney’s Office in Jared Bridegan case

The judge is expected to formally rule on Shanna Gardner and Mario Fernandez’ motions to have the State Attorney’s Office kicked off the case on Monday morning.

Gardner and Fernandez are charged with conspiracy to commit murder in Jared Bridegan’s death. Bridegan was ambushed, shot, and killed just moments after he dropped off the twins he shared with Gardner in early 2022.

The admitted gunman, Henry Tenon, was arrested and charged a year later.

Later on, Bridegan’s ex-wife, Gardner, and her new husband, Fernandez, were arrested and charged. They face the death penalty if convicted.

Attorneys for both Gardner and Fernandez said Melissa Nelson’s office should be booted from the case after privileged communications, including emails and text messages, were incorrectly shared with the prosecution. They argued that this was a violation of Gardner and Fernandez’ constitutional rights.

The judge was supposed to hand down her ruling earlier this month, but it was delayed once again after defense attorneys filed more motions and asked to examine the lead prosecutor, Christina Stifler.

Gardner did not appear in court on May 2, but her attorneys and those of her husband once again pushed for the State Attorney’s Office to be removed from the case.

The State Attorney’s Office has admitted it intercepted private communications through a search warrant, but the prosecutors said they never read them. So, they argue the couple’s attorney-client privilege was not violated.

But the defense said it doesn’t erase any cloud of suspicion.

“Overall, what this court has heard over the days of these evidentiary hearings, is that the state engaged, and by state, I mean their team including the ATF and the Jacksonville Beach Police Department, engaged in reckless and grossly negligent conduct. And there is a clear appearance of impropriety that warrants a remedy,” the defense attorney said.

Assistant State Attorney, Alan Mizrahi, fired back, saying the defense’s calls to remove the state attorney’s office put an undue burden on citizens.

“People, the citizens of this jurisdiction have elected Melissa Nelson to be their state attorney to prosecute these cases. Removing her is obviously the court has the power to do it, but has to be very cautious. In the judicial branch affecting the executive branch and the legislative branch,” Mizrahi said. ”Ms. Stifler has worked thousands of hours on this case. No one could ever replace the amount of work that she has put into this case.”

Judge London Kite will make the final decision on Monday.

The defense attorneys said if Judge Kite denies the request to remove the prosecutors, at the very least, the State Attorney’s Office should be sanctioned, and the communications thrown out.

Gardner’s attorneys will argue their client’s motion to be given bond.

The hearing is set for 9 a.m. at the Duval County courthouse.

(source: news4jax.com)

ALABAMA:

Huntsville man accused of murder blames mental defect ahead of trial

A Huntsville man accused of murder will go to trial this week.

It's been three years since it happened and in less than 24 hours, J.L. Banks will go before a judge at the Madison County Courthouse.

He's charged with capital murder-burglary. Court records show he plead not guilty due to mental disease or defect.

Authorities say Banks shot and killed Stephon Hussey at the Burgundy Square Apartments on Binford Drive. Hussey was 36-years-old.

Court records show Banks tried to break into a woman's apartment. Police say Banks knew the woman and that the shooting was domestic-related.

Court records also say Banks' lawyers asked a judge to limit certain evidence the jury can see.

However, the judge did not decide to allow his request yet.

41 year-old Banks is in jail without bond. His trial will start at 9 a.m. Monday.

If convicted, Banks could spend life in prison or face the death penalty.

(source: WAAY news)

MISSISSIPPI:

Judge tells toddler killer ‘God have mercy on your soul’ as he’s hauled off to death row for murdering stepson over a juice box

A 41-year-old man is headed to death row after a jury convicted him for fatally beating his 2-year-old stepson in Mississippi, according to reports.

The jury in Biloxi took 2 hours on Friday to decide that Joseph David Heard deserved to die for the heinous death of Hayden Lee Bataille, the Sun Herald newspaper reported. Jurors took just 45 minutes to convict Heard of 1st-degree murder.

“God have mercy on your soul,” Judge Larry Bourgeois reportedly said.

Records show Hayden’s mother and Heard’s wife, 24-year-old Hailey Heard, already was convicted of 1st-degree murder to life in prison. She reportedly testified against him during the trial.

Paramedics found Hayden unconscious after his father called 911 on Dec. 16, 2021. Doctors pronounced the victim dead 11 days later. The impetus behind the beating was Hayden taking too long to find a juice box, the court heard. Joseph Heard repeatedly punched the boy in the mouth and head, the Sun Herald reported.

Hailey Heard reportedly testified that her husband continued to beat the toddler even as he cried. She told jurors that she saw her husband lift the boy up with one hand and punch him with the other. Then she reportedly put her hand over her son’s mouth and proceeded to suffocate him.

Joseph Heard also testified at his trial, reportedly denying he ever heard the boy and blamed the injuries on the toddler playing rough. But Hailey Heard described how her husband would beat Hayden as a punishment.

Emergency room doctors described Hayden’s awful injuries at trial.

“It was one of the most horrific scenes I’ve witnessed as an ER doctor,” Dr. Leanne Lee testified, according to the Sun Herald. “I had never seen a kid that had sustained so much trauma.”

Harrison County District Attorney Crosby Parker reportedly said he had no choice but to seek the death penalty based on the “brutal and heinous” nature of the crime.

“We commend the Harrison County jury for agreeing with us,” Parker reportedly added.

(source: lawandcrime.com)

USA:

“YOU CAN NEVER GET THAT TIME BACK”: SOLITARY CONFINEMENT IS DEVASTATING FOR INCARCERATED MOTHERS AND THEIR CHILDREN

For Mother’s Day, we are reposting this article, originally published in November 2020.

It was May 2020, and Esther Arias was finally going to be released from prison. For years of her 14-year sentence, she had held out hope that she would win her appeal and surprise her four kids one day by picking them up from school. But by the time her now-adult children came to the prison gate to welcome her home, her appearance had changed so much from lack of food and sunlight that they didn’t recognize her.

“My kids didn’t know it was me because I lost so much weight in the SHU,” Arias said, referring to the Special Housing Unit, one of the forms of solitary confinement used in the federal Bureau of Prisons, as well as in many state prisons. “I looked so pale. My friends were in front of the prison, telling the kids, that’s your mom. And my kids were like, that’s not our mom.” They set their doubts aside and got out of the car to hug her.

One of the most well-documented harms of incarceration is the way it tears families apart. More than 2.7 million children in the United States have a currently incarcerated parent, including 11 % of Black children and 4 percent of Latino children. Incarcerated parents, who make up more than half the US prison population, often suffer mental health issues due to this separation. And an inability to maintain familial connections can significantly increase likelihood of recidivism after release. Parental incarceration also increases children and adolescents’ risk for a wide range of traumatic outcomes, including developmental delays, poor physical health, PTSD, and self-harming behaviors. This is especially devastating for the 60 percent of women in state prison who have children under 18, who were often primary caregivers for their children prior to incarceration.

But while all incarcerated mothers face barriers to remaining close with their children, mothers in solitary confinement often lose even their limited access to contact visits and phone calls with their kids. As such, the family separation issues endemic to incarceration are even more extreme for people in solitary.

In 2006, Arias’s last year of freedom, she had close relationships with her children, aged twelve, eleven, nine and six. She cherished going to church together, helping them with homework, and registering them for sports teams. Throughout her court proceedings, she was terrified of losing them. After she was incarcerated on fraud-related charges, her kids spent a brief period in foster care before being adopted by a cousin. Initially, they visited her once a month, but visits soon grew too time-consuming and expensive for her cousin’s family to maintain. Visits were especially difficult as Arias was moved around the federal prison system, spending significant time at FCI Danbury in Connecticut and the Federal Correctional Center in Philadelphia.

Arias was placed in solitary confinement on four different occasions. The longest, which lasted 90 days, stemmed from an incident report that she maintains was fabricated in retaliation for the public attention her long sentence drew. During her stints in solitary, visitation privileges and phone calls were extremely limited. She used her one phone call a month to explain to her children that she was in the Special Housing Unit. They didn’t understand what it meant.

“My older son had so much anger because he didn’t understand why everything was happening to me,” she said. “My kids have so much hurt.”

Arias’s family is not alone. More than 1 in 5 incarcerated women will spend time in solitary confinement over the course of a year. Research shows that women in prison are disciplined more harshly than men for the same infractions, and are more likely to be put in solitary for minor, nonviolent offenses such as “talking back” or making a face at a guard.

Incarcerated women are also more likely than their male counterparts to suffer from mental illness, and a 2018 Vera Institute of Justice report found that women in solitary had higher rates of mental health problems than either men in solitary or women in the general population. The majority of incarcerated women are survivors of physical or sexual abuse, and women in solitary confinement face a higher risk of being sexually violated by correctional officers. Women are also routinely placed in solitary as a form of retaliation for reporting their assailants.

These various traumas can accumulate for mothers in solitary confinement, adding to the struggle to maintain relationships with their children. People in solitary are also often barred from programming, including parenting classes that could help them reestablish relationships and care for their kids upon release.

Leslie Credle couldn’t stomach the thought of her children seeing her that way: handcuffed, divided from them by an imposing Plexiglass shield, unable to reach out and touch their hands. For the eight months she spent in the SHU at the Massachusetts Correctional Institution in Framingham, Credle’s only contact with the outside world were one-hour visits in a bare, freezing room the size of a closet. Although Credle is a single mother and had close relationships with her children, aged 16 and 20 at the beginning of her incarceration, she couldn’t bear for them to visit for the entire time she was in solitary confinement.

Credle, who served a five-year sentence for federal drug-related charges, was held pre-trial without bail at MCI Framingham for the first year of her incarceration. Initially, she said, she was placed on “drug watch,” a particularly brutal form of solitary confinement in which a guard remains outside the cell door 24 hours a day. Credle’s clothes were confiscated and she was forced to wear a single-piece garment held together by Velcro, known as a “turtle suit.” Her handcuffs and shackles, which were on for 24 hours a day, bruised her skin. Her cell had no running water, blanket, pillow, or mattress, and the lights remained on 24 hours a day, preventing sleep. Any time she returned to her cell after using the bathroom, she had to bend down and cough on command.

Even when she was allowed off drug watch, Credle was placed in regular solitary confinement on suspicion of drugs, which she maintains was unfounded. Spending 23 to 24 hours a day thinking about her past mistakes and her faraway children, she often felt she was approaching a psychotic state.

Before each of her occasional visits from her father, Credle had to bend down so an officer could cuff her hands behind her back through a tiny slot in the door. “They act like they don’t want to get near you, almost like you have a disease,” she said, adding that she still has PTSD from her experience in solitary. “They tell you to step back like you’re this helter skelter person who’s going to do something to them.”

Credle still remembers the traumatized look on her father’s face as she came into the visitation room in handcuffs. As is standard in a non-contact visit, the bulletproof glass barrier between them blocked out sound, requiring her to speak with her dad through a speaker at the bottom of the glass.

Research compiled by the Urban Institute confirms Credle’s fears about allowing her children to visit her under these conditions. Non-contact visits can be deeply traumatic to young people, as can visits to high-security units where they may be subjected to invasive search procedures. Contact visits conducted in family-friendly environments, on the other hand, can promote emotional security, reduce anxiety, and increase academic performance for the children of incarcerated parents. But these positive visits are exactly the type of visits that women in solitary are denied.

Like Arias, Credle was allowed to make one 15-minute phone call each month in the SHU. Phone calls were, in her words, a “nightmare.” A sergeant had to pre-approve a designated call time, and if her children weren’t available then, she had to wait another month. If she managed to reach her two children, they would ask why she hadn’t called in a while. She couldn’t tell them the truth—that she was in solitary—because she didn’t want to scare them.

“You try to sound like you’re okay for them, but it kills you,” she said. After hanging up, she would hold back tears for the rest of the day. “When you get back to your cell, you don’t want to come out.”

Before her incarceration, Credle remembers herself as a happy, confident person, who held a good job, owned her home and possessed a Bachelor’s degree. But after she was released in 2017, she realized her experience in prison had fundamentally changed her. “There’s so much you’re angry about,” she said. “So many people you have left behind, that you know didn’t have a voice in there, and you become a voice for them.”

Unable to stop thinking about the women still languishing in prison, she became an organizer with the National Council of Incarcerated and Formerly Incarcerated Women and Girls.

During the pandemic, the work of advocates like Credle has become more consuming than ever. Before the coronavirus, there were approximately 60,000 people in solitary confinement nationwide, according to a report from a coalition including the American Civil Liberties Union and the National Religious Campaign Against Torture. As the pandemic spread, 300,000 people in state and federal prisons were confined to their cells during lockdowns, a 500 percent increase in the use of solitary. This shift occurred even as advocates and medical professionals reached the consensus that de-incarceration was the best way to contain the virus—not lockdowns.

As a result of the pandemic and these failures of response, many more incarcerated mothers are now facing the barriers to family connection that have long afflicted women in solitary confinement.

Activist Dolores Canales, founder of California Families Against Solitary Confinement, told Solitary Watch that even as the coronavirus pandemic makes life more challenging for people in prison, it may increase empathy among those on the outside. As the public experiences social distancing and limited movement for the first time, people may be forced to consider the damaging psychological effects of isolation.

Canales knows these effects intimately; she was incarcerated for 20 years and spent 18 months in solitary confinement. She has also experienced the prison system from the outside, as a mother. Her son, who has been incarcerated since 1984, was in solitary from 2001 until 2016, when California incrementally reduced the number of people in isolation as a result of the Pelican Bay hunger strike and a related class-action lawsuit.

“Everything that is happening right now can be connected to what human life has been like for incarcerated people for decades,” she said.

Although Canales views this moment as a critical time to shed light on solitary confinement and incarceration, she is careful not to draw equivalences. Despite the steep challenges created by the pandemic, most people in the free world can still turn to support networks and other human beings. Canales urges people to imagine what life is like for those locked in dark and filthy cages, unreachable to the people they love most—including their children.

For mothers in solitary confinement, life will remain this way long after our collective isolation has come and gone. And even many of those who already survived solitary remain scarred long after their release date. Since Esther Arias’s May release, she has done her best to pick up where she left off with her kids: cooking together, going to church, and playing with her daughter’s new child, whom she affectionately refers to as her “grandbaby.” But she knows she cannot compensate for the last 14 years of their lives, no matter how hard she tries.

“When I left them, they were kids,” she said. “And now they’re grown. You can never get back what you lost. You can never get that time back.”

(source: solitarywatch.org)

GLOBAL:

SPECIAL ISSUE: A DECADE-LONG REVIEW OF THE DEATH PENALTY FOR DRUG OFFENCES

https://hri.global/publications/special-issue-a-decade-long-review-of-the-death-penalty-for-drug-offences

This report builds on the pioneering work HRI has been doing since its first ‘The Death Penalty for Drug Offences: Global Overview (‘Global Overview’) in 2007. It analyses how the landscape of the death penalty for drug offences has shifted in the last decade, looking at the main trends regarding people on death row, death sentences and executions for drug offences, as well as key developments at national and international level in the period between 2014 and 2023.

A DECADE IN A SNAPSHOT

At least 3113 people were executed for drug offences.

8 countries were recorded to have carried out executions for drug offences.

On average, almost 1 out of 3 executions that took place in the last decade were for drug offences.

The highest recorded proportion of drug-related executions (against all executions) was in 2015 with 44.6%; meaning almost 1 in every 2 executions were for drug offences. The year also recorded the highest number of drug-related executions: 763 people.

At least 2142 people were sentenced to death for drug offences. This figure is based on data from 25 countries where sentences were imposed for drug offences throughout the decade.

Although 2020 recorded the lowest number of drug-related executions, the number of death sentences handed down that year was 38% higher than 2019.

Of the 34 countries and territories that retained the death penalty at the end of 2023, at least 12 countries retain it as a mandatory punishment for at least some drug offences.

Recommendations for abolition, moratorium, and/or review of the practices of the death penalty given by abolitionist States to retentionist States during the Universal Periodic Review (UPR) processes increased from at least 382 on the second cycle (2012 – 2016) to 581 on the 3rd cycle (2017- 2022). These include 4 and 13 specific recommendations on the death penalty for drug offences in each of the cycles, respectively.

The United Nations Office on Drugs and Crime (UNODC) has failed to take public stances on the death penalty for drug offences over the past few years. This marks a retrogression of their position on this issue. Their silence could be interpreted as an approval of this blatant violation of international standards.

KEY RECOMMENDATIONS

Pending abolition, retentionist countries should impose a moratorium on executions.

Retentionist countries should respect applicable international human rights obligations, including on fair trial, the right to apply for pardon or commutation of their death sentence, prohibition of torture and ill-treatment, among others.

Retentionist countries should systematically and publicly provide complete, accurate, and disaggregated data by sex, age, disability, nationality and race, and other applicable criteria, with regard to their use of the death penalty, including the number of persons sentenced to death, the number of persons on death row and the location of their detention, the number of executions carried out, and the number of death sentences reversed or commuted on appeal or in which amnesty or pardon has been granted, as well as information on any scheduled execution.

All countries that pursue punitive drug policies should work on policy reforms that are aligned with human rights standards and are evidence-based.

Abolitionist countries should cease any efforts to reintroduce the death penalty.

Abolitionist countries should actively condemn the use of the death penalty while sharing best practices and supporting efforts to restrict and abolish the death penalty for drug offences.

Abolitionist countries, together with international agencies and bodies, including the UN, should stop funding punitive drug policy and prohibitionist regimes that retain the death penalty for drug offences. Instead, investment should be made in drug policy reforms that are evidence-based and health and human-rights-centred, including harm reduction.

International organisations and bodies, including the UN, should take urgent and concrete steps to ensure that retentionist countries are held accountable for the human rights violations committed when applying the death penalty for drug offences, including by withdrawing funding for international cooperation when it is used to fund efforts that contribute to the application of the death penalty.

UN bodies, including the UNODC, should pay more targeted attention to the application of the death penalty for drug offences globally, monitoring the human rights violations that occurred during its application, and condemning, both publicly and through appropriate diplomatic channels, all executions handed down in the name of drug control.

International donors should increase and sustain funding for the death penalty abolition movement, making sure that experts, advocates, international, regional organisations, and civil society receive core, flexible and long-term funding for all work related to the abolition of the death penalty for drug offences.

(see: https://hri.global/publications/special-issue-a-decade-long-review-of-the-death-penalty-for-drug-offences/ ---- Harm Reduction International)

INDIA:

Maharashtra court imposes death sentence on man for burning wife, son, father-in-law----A reference has now been made to the Bombay High Court under Section 366 of the Code of Criminal Procedure (CrPC) for confirmation of the death sentence.

A sessions court in Maharashtra's Gondia recently sentenced a man to death for burning his wife, son and father-in-law to death in February last year.

Additional Sessions Judge NB Lavte passed the judgment on May 9.

According to a press note issued by Gondia's Superintendent (SP) of Police, the accused used to doubt his wife's character and would often pick fights with her.

At his maternal home on February 14, 2023, when his father-in-law was asleep, he poured petrol on him and set him ablaze. When his wife and 4-year-old son entered the scene, he set them and the entire house ablaze.

The accused's father-in-law lost his life immediately while his wife and son succumbed to their injuries about a week later.

A day after the incident, a case was registered under Sections 302 (murder), 307 (attempted murder), 436 (mischief by fire or any explosive substance) and 506 (criminal intimidation) of the Indian Penal Code (IPC), leading to the arrest of the accused on February 16, 2023.

The sessions court, relying on seized material, circumstantial evidence, CCTV footage and witness statements, convicted the accused of offences under Sections 302 and 436 of the IPC.

For the offence under Section 302, he was sentenced to death and fined ?10,000. For the offence under Section 436, he was sentenced to life imprisonment along with a fine of ?10,000.

A reference has now been made to the Bombay High Court under Section 366 of the Code of Criminal Procedure (CrPC) for confirmation of the death sentence.

As per the provision, when a sessions court passes a death sentence, the matter should be referred to the High Court, and the death sentence cannot be executed unless it is confirmed by the High Court.

The State of Maharashtra was represented before the sessions court by Special Public Prosecutor (SPP) Vijay Kolhe who was assisted by advocate Vedant Pandey.

(source: barandbench.com)

TAIWAN:

Who should decide on the death penalty: The Court or the People?

The Constitutional Court convened a debate on abolishing the death penalty on April 23. Long-term polls consistently show that approximately 80% of the Taiwanese public supports maintaining the death penalty. Against this backdrop, the question arises whether the Judiciary has the authority to override public opinion.

In this episode, we are hearing from Professor Jimmy Chia-Shin Hsu, a constitutional law scholar invited to the Constitutional Court on April 23 to provide an expert opinion, about why he believes the bench should refrain from completely ruling out capital punishment. Meanwhile, Ms. Lin Hsin-yi, Executive Director of the Taiwan Alliance to End the Death Penalty, argues that it is the right time for the Court to examine the constitutionality of the death penalty.

(source: https://en.rti.org.tw/radio/programMessageView/programId/1447/id/109860)

CHINA:

China’s 2,500-year-old skeletons with legs chopped off may be elites who received ‘cruel’ punishment in ancient times----The 2 victims were likely low-level officials whose fates may have been intertwined----Penal amputation was so common that there was a Chinese idiom about affordable shoes

Thousands of years ago in ancient China, felonies were not simply punished with a stint in jail, but serious crimes often entailed the amputation of a limb, specifically legs.

This harsh culture of punishment, known as yue, disciplined people for various crimes, such as desertion from duties, stealing, or defrauding the monarchy. It was also used in lieu of the death penalty.

Yue punishment was not relegated to the peasantry, and a study published in Archaeological and Anthropological Sciences on March 16 detailed how 2 members of the upper class from the Zhou dynasty (1050-221 BC) in central China’s Henan province were plausibly subjected to yue punishment.

“The sign of punishment by amputation and signs of good post-punishment recovery reflects a well-established amputation protocol, including the post-execution nursing and patient management to facilitate survival and recovery,” Qian Wang, a co-author of the study and a professor at the Department of Biomedical Sciences at Texas A&M University told the Post.

The bones suggested that one man had his right leg removed and the other his left, which could indicate that they were convicted of different crimes. Right leg amputations were administered for felonies deemed more serious than those of left leg amputations. The team also hinted that their fates may have been intertwined.

The existing bones showed signs of a managed healing process, indicating that the lower leg bones were not simply lost to time. Additionally, the top parts of the leg showed evidence that the cuts were clean, suggesting they were not made by repeated blows from a weapon but rather a managed medical procedure.

“Since amputation as a penalty was not an uncommon phenomenon, the two men might have returned to normal social life and buried in a proper manner after death,” said Wang.

The 2 men likely lived around 550 BC, and the man without a right leg is estimated to have died around the age of 45, while the male without a left leg died at around 55 years old.

They likely lived “above the common class” due to how they were buried, and the researchers analysed historical texts to determine they were likely low-level officials or scholars.

The team acknowledged that other reasons for the amputations were possible, such as congenital disabilities, disease management or ritual amputation.

However, the researchers did not find evidence that other parts of the body had adapted to a congenital deficiency, and they did not find any evidence of ritual sacrifice.

So, that means a “trauma-induced amputation” is the most likely alternative for an amputation, whether it was meant to mitigate the spread of disease or save someone’s life after an accident or moment of violence.

“These reasons need a thorough investigation of trauma patterns and the levels of violence/interpersonal conflict in this region during that time to assess the possibility,” said Wang. “Based on historical and archaeological context, penal amputation is most plausible.”

That being said, the team did not feel confident in their ability to determine what crimes the men had committed.

Punitive amputation is believed to have first emerged in China during the Xia dynasty (2070-1600 BC). Historians have analysed the historical document, The Rites of Zhou, and one chapter of the ancient text describes Xia-era penal punishments that included amputation.

The texts were corroborated with remains found at an Erlitou excavation site in the Yellow River Valley.

During the Zhou dynasty, when the two men lived, documented cases of punitive amputation were widely recorded and the practice was institutionalised.

“In these 2 cases, the amputees survived because of this refined penal and medical coordination; their above-commoner socioeconomic status might be helpful too in terms of nutrition and adaptation to new life,” said Wang.

There is even a Chinese idiom from the time that says, “Shoes were more affordable because of the volume of people with missing feet.”

While there is no historical data to firmly lock down a mortality rate, Wang said there are two pieces of anecdotal evidence to suggest high survivability for victims.

Research suggests that people of the Zhou dynasty had some knowledge of analgesic medicine to reduce pain. It also seems that people at the time were knowledgeable enough about anatomy to perform procedures like vessel ligation, wound repair, and post-surgery pain relief.

“Because punitive amputation was a regular measure of punishment, it should have had an established protocol for execution with procedures for post-execution management,” said Wang.

Punitive amputation would flourish in China for the following centuries before it was eventually disbanded in 167 BC during the rule of the Wendi Emperor (r. 180-157 BC) during the Han dynasty (202 BC-9 AD).

However, the practice was not totally eradicated, and a skeleton from the Qing dynasty (1644-1911) was found with both feet amputated with a saw.

Other forms of yue punishment for lower-level crimes were also common during the Zhou dynasty, including tattooing people’s faces with the word “criminal”, emasculation, or cutting off the perpetrator’s nose.

(source: South China Morning Post)

BANGLADESH:

HC: Condemned cell confinement before sentence confirmation illegal

The High Court has declared it illegal to keep convicts in condemned cells before the death penalty is finalized.

A High Court bench of Justice Sheikh Hassan Arif and Justice Md Bazlur Rahman passed the order on Monday.

Advocate Md Shishir Monir stood for the writ petitioner. Attorney General AM Amin Uddin and Deputy Attorney General Amit Talukder stood for the state.

The court said the death sentence is only considered final if it is upheld by the Appellate Division on review and the president declines to pardon the convict.

Those who have been kept in condemned cells or solitary cells in prisons have been ordered to be transferred to general cells in phases before their death sentence is finalized.

The High Court has given 2 years for this work.

On September 2, 2021, a writ petition was filed with the High Court challenging the legality of keeping the death row convict in a condemned cell before the final disposal of the case.

Shishir Monir filed the writ petition on behalf of 3 death row convicts who were in a condemned cell in Chittagong Central Jail.

The writ petition sought the issuance of a rule asking why confinement in a condemned cell before the finalization of the death penalty should not be declared illegal.

At the same time, the writ requested to transfer the 3 convicts from the condemned cell to the normal cell.

(source: dhakatribune.com)

**************

Committing death-penalty offence: Biman captain gets only ‘letter of caution’

A captain of the Biman Bangladesh Airlines has got only a 'letter of caution' though he committed an offence of death penalty or life imprisonment with a Tk 50-million fine.

Ali Rubyat Chowdhury, a captain of Dash-8 Q400 aircraft, committed offence under Sections 27(Ka), 29 and 33 of the Civil Aviation Act 2017.

The Sections 29 and 33 carry the death penalty or life imprisonment with a fine of Tk 50 million.

However, the authorities issued only a 'letter of caution' to Captain Rubyat for his committed offence.

The findings came into 2 probe reports prepared by the Civil Aviation Authority of Bangladesh (CAAB) and the Biman Bangladesh Airlines and the Ministry of Civil Aviation and Tourism.

The report prepared by the Ministry of Civil Aviation and Tourism has recently been submitted to the High Court complying with its earlier order.

The report said that the captain was given only a letter of caution for his offence.

According to the another report, Captain Rubyat and another operated at least seven domestic flights on February 1 and 2 in 2022 by hiding the fact that the plane's engines had been damaged due to the captain's improper operations of the plane mid-flight.

During the investigation, the captain failed to prove that unsafe flying of the aircraft and risking public lives did not take place due to his direct failure, according to the report.

By doing such activities, he violated sections 29 and 33 of the Civil Aviation Act.

The pilots deliberately concealed the information about damaging the engines.

After overstressing the engines during a flight, it was mandatory for them to file an air-safety report. This would have ensured the immediate landing of the aircraft, inspections of the engines and if needed, replacement of the engines altogether.

Filing the report is a Biman flight safety protocol. However, the pilots didn't comply with the safety protocol. And their move violated Section 27(Ka) of the Civil Aviation Act.

Section 27(Ka) of the Act carries a rigorous imprisonment for a term not exceeding 3 years, or shall be fined Tk 5 million or shall be given both sentences.

The probe report opined that careless and risky operation of aircraft by Captain Rubyat caused a huge financial loss of Biman Bangladesh Airlines which is a loss of public fund. All responsibility of such activities rests on Captain Rubyat.

As per the report, Biman had to pay Tk 165 million to fix the plane which was just a year old. Insurance company didn't bear any cost of repairing the engines since the damage to the engines was solely the pilots' fault.

The report suggested if such activities are not controlled through appropriate measures, the national flag carrier of the country may be involved in major mishaps in the future.

In order to prevent the recurrence of such incidents, the reports recommend taking appropriate effective measures through departmental proceedings and according to the prevailing laws of the country.

Biman's lawyer Md Ekramul Hoque Tutul didn't make any comment on the issue, terming it 'a sub-judice matter'.

(source: thefinancialexpress.com.bd)

MALAYSIA:

Fisherman, restaurant assistant charged with trafficking heroin----Fauzi Mokhtar and Dzulkarnai Maliki were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952.

A fisherman and a restaurant assistant were jointly charged in the magistrates’ court here today with trafficking 21,037.10g of heroin.

Fauzi Mokhtar, 42, and Dzulkarnai Maliki, 47, nodded after the charge was read out by judge Nur Atiqah Sapari.

However, no plea was recorded from them.

The 2 men were accused of trafficking the drug in a parking area in front of the Kedai Lam Loong Photo House Sdn Bhd building, Jalan Medan Simpang here, at around 1.15pm on May 3.

They were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the death penalty or life imprisonment, along with a mandatory whipping sentence if not sentenced to death, upon conviction.

The offence is punishable by the death penalty or life imprisonment, with a term of not less than 30 years but not more than 40 years, and not less than 12 lashes if not sentenced to death, upon conviction.

Deputy public prosecutor S Nishaalini prosecuted while the 2 accused were unrepresented.

The court did not offer bail. It set July 12 for mention pending the chemical report.

(source: freemalaysiatoday.com)

NIGERIA:

Group hails Senate for approving death penalty for drug traffickingPublished on May 12, 2024By Fadehan Oyeyemi

The Muslim Media Watch Group of Nigeria, MMWG, has commended the Senate over its resolution that death penalty be passed on criminals guilty of drug trafficking.

MMWG, in a statement signed by its National Coordinator, Alhaji Abdullahi Ibrahim, commended the Red Chamber for taking the courageous decision, adding that it was one of the best bills ever passed since the inauguration of the 10th National Assembly.

While calling on the House of Representatives to do same for concurrence, Ibrahim pointed out that “the insecurity problem facing Nigeria has its roots in drug addiction and other negative influences”.

Ibrahim, who particularly commended the Senate Chief Whip, Senator Ali Ndume (APC Borno South) and his deputy, Senator Onyekachi Nwebonyi (APC Ebonyi South) for their contributions in passing the bill, however, disagreed with those condemning capital punishment for violent crimes in Nigeria, pointing out that not less than 20 countries across the world have death penalty as punishment for drug trafficking.

He listed those countries as Malaysia, China, Vietnam, Saudi-Arabia, Iran, Thailand, United Arab Emirate, Singapore, Cambodia, Indonesia, North-Korea, Philippines, Turkey, Costa-Rica and Columbia, among others.

Ibrahim also criticised some human rights groups calling for the abolition of capital punishment, pointing out that “the wave of violent crimes in Nigeria and frequent recurrence of armed banditry, kidnapping for ransom payment, killing and maiming of innocent people with wanton destruction of property, death sentence becomes inevitable if we are truly committed to restoration of peace and tranquility to Nigeria”.

He, therefore, called on President Bola Tinubu not to delay the signing of the new legislation into law so as to reduce criminal activities in the country.

On the cybersecurity levy imposed on Nigerians, the MMWG described the Central Bank of Nigeria, CBN, as an insensitive government organ that ought to know that such a levy is ill-timed and unwarranted, calling on the apex bank not to add to the challenge of hard times being currently faced by Nigerians.

The group also called on Tinubu to compel the CBN to discontinue the implementation of “the questionable and irritative levy without further delay”.

(source: dailypost.ng)

****************

Withdraw death penalty for drug offences, ASF France tells Senate

(see: https://guardian.ng/news/withdraw-death-penalty-for-drug-offences-asf-france-tells-senate/)

UGANDA:

Ugandan Court Upholds Controversial Anti-LGBTQ Law Amidst Criticism----Striking a Balance Between Human Rights and Societal Norms

In a recent ruling, Uganda’s Constitutional Court upheld the Anti-Homosexuality Act, a law that has stirred international controversy due to its severe penalties for LGBTQ individuals. While some sections of the law were struck down to address health and privacy concerns, the core of the legislation remains intact, including the provision of the death penalty for “aggravated homosexuality” and harsh sentences for promoting LGBTQ rights. The decision has sparked debates on the balance between upholding traditional values and respecting human rights.

3 Things to Know:

The Anti-Homosexuality Act: Signed into law in 2023, this legislation introduced stringent penalties for LGBTQ individuals, including the death penalty for specific offenses and long prison sentences for supporting LGBTQ rights. The law’s severity has drawn condemnation from international bodies, leading to sanctions against Uganda.

Impact on LGBTQ Community: Since the law’s enactment, there have been reports of increased violence and discrimination against LGBTQ individuals in Uganda. Human rights organizations have documented cases of abuse, torture, and evictions targeting the LGBTQ community, highlighting the detrimental effects of such legislation on vulnerable populations.

Legal Challenges and Future Prospects: Despite the Constitutional Court’s recent ruling, challenges against the Anti-Homosexuality Act continue. The decision can be appealed in Uganda’s Supreme Court, indicating ongoing legal battles over the law’s constitutionality. The outcome of these legal proceedings will have significant implications for LGBTQ rights in Uganda and beyond.

Conclusion:

From an economic standpoint, the uphold of the anti-LGBTQ law in Uganda could impact foreign investments and aid, as sanctions from international partners may deter economic growth. Politically, the ruling underscores the complex interplay between cultural norms, human rights, and legal frameworks in shaping societal policies. Geopolitically, the global response to Uganda’s anti-LGBTQ legislation reflects broader debates on civil liberties and individual freedoms, signaling the importance of international solidarity in advocating for human rights protection worldwide.

(source: africa24.it)

IRAQ:

Iraq hands death penalty to convicted drug dealer

A Baghdad court on Monday handed a death sentence for a drug dealer of foreign nationality accused of bringing narcotics into the country, state media reported.

“The convict brought narcotic substances into Iraq for the purpose of trafficking them and selling them among drug users,” state media said, citing a statement by Baghdad’s Karkh Criminal Court.

The verdict was issued in accordance with Article 27 of the Iraqi Narcotics and Psychotropic Substances Law.

The Article states that any suspect charged with exporting, importing, producing, or planting narcotic substances “with the intent of trading it” shall be sentenced to either death of life imprisonment.

There has been an alarming rise in drug dealing and use in Iraq in recent years, despite strict measures taken by the government to curb the phenomenon.

Iraq’s Prime Minister Mohammed Shia’ al-Sudani has ordered the establishment of rehabilitation centers in all Iraqi provinces, excluding the Kurdistan Region, as part of his cabinet’s commitment to combat drugs with the same determination as it fights terrorism.

In 2023, more than 19,000 people were arrested across Iraq on drug-related charges and over 15 tons of psychotropic substances were seized.

(source: rudaw.net)

IRAN----executions

7 Executions in Bam and Dastgerd Prisons on Saturday and Sunday

The ruthless regime of Ali Khamenei today, Sunday, May 12, hanged 4 prisoners named Massoud Estaki, Jafar Hassanzadeh, Majid Rezaei, and Mostafa Aghamohammadi in Dastgerd Prison in Isfahan. On Tuesday, May 7, the prisoners in Dastgerd Prison protested against the transfer of these four individuals to solitary confinement for execution. On Saturday, May 11, Saman Jarangideh, Hamed Shahbakhsh, and another prisoner were hanged in Bam Prison by the executioners of the regime’s judiciary.

On Thursday, May 8, in addition to the 4 prisoners whose execution was announced in the NCRI’s May 10, the cruel regime of Khamenei hanged 2 other prisoners named Nourallah Banjalu and Mohammad Afgan in Gorgan Central Prison. Thus, in the past 23 days, at least 94 prisoners have been executed by the judiciary’s executioners.

The Iranian Resistance demands urgent international action to save the lives of death-row prisoners, especially political prisoners, to refer the violation of human rights by the religious fascism ruling Iran to the United Nations Security Council, and to hold its leaders accountable for justice.

(source: Secretariat of the National Council of Resistance of Iran (NCRI)

**************

4 Convicts Executed at Dastgerd Prison in Isfahan

On May 12, 2024, Dastgerd Prison in Isfahan was the site of the execution of 4 inmates, all convicted of a murder committed a decade ago.

According to the Human Rights Activists News Agency (HRANA), the individuals executed were Masoud Estaki, Jafar Hosseinzadeh, Majid Rezaie, and Mostafa Ahgh-Mohammadi.

These men, along with Ghasem Salehi, were involved in a group altercation that resulted in the death of an individual identified only by the initials Sh.K. They were collectively sentenced to death in the ensuing legal proceedings. However, Ghasem Salehi was able to avoid execution by agreeing to pay 5 billion tomans in blood money to the family of the deceased.

No official sources or domestic media outlets within the country have provided coverage of these executions at the time of writing. In 2023, 66% of HRANA’s reports on executions lacked official announcements by judicial authorities and went unreported by media inside Iran, highlighting a troubling lack of transparency in due process.

In 2023, the Department of Statistics and Publication of Human Rights Activists in Iran registered the execution of 767 individuals. Out of these, 7 were carried out in public. Among the executed individuals whose genders were identified, 21 were female. Additionally, 2 juvenile offenders, defined as individuals under the age of 18 at the time of their alleged crimes, were also executed.

(source: en-hrana.org)

MAY 12, 2024:

PENNSYLVANIA:

Third suspect arrested in stabbing death of Elliot man

A 3rd suspect involved in a fatal stabbing in Elliot earlier this year is now behind bars.

Pittsburgh Public Safety announced the arrest of 20-year-old Logan Smetanka on Saturday.

Smetanka, 18-year-old Carlena Wells and 19-year-old Dominic Johnson are facing charges in the death of 37-year-old Marc Kovach.

Kovach was found down a set of steps in front of an abandoned house on Steuben Street in March.

(source: KDKA news)

ALABAMA:

Alabama Gov. Ivey schedules second execution using controversial nitrogen gas method

An Alabama inmate is scheduled to become the 2nd person executed by nitrogen gas in the United States, an execution method that has drawn international scrutiny over human rights concerns.

"Although I have no current plans to grant clemency in this case, I retain my authority under the Constitution of the State of Alabama to grant a reprieve or commutation, if necessary, at any time before the execution is carried out," Alabama Gov. Kay Ivey wrote in her letter to the state Department of Corrections Commissioner John Hamm.

Alan Eugene Miller was set to die by lethal injection in September 2022 but staff could not gain access to his veins for the IV lines before his death warrant expired. Ivey, who has never halted an execution or commuted a death sentence during her 2 terms as governor, set Miller's execution date for late September.

Alabama was the 1st to deploy nitrogen hypoxia as an execution method earlier this year over the objections of some human rights groups who warned it could amount to cruel and unlawful punishment. Kenneth Eugene Smith was the 1st person in the U.S. — and likely the world — to be put to death by nitrogen hypoxia in January after a drawn-out legal battle over Alabama's execution methods.

Convicted for 1999 murders

Miller, now 59, was convicted of killing 3 people — Lee Holdbrooks, Scott Yancy, and Terry Jarvis — during a pair of 1999 workplace shootings in suburban Birmingham, Alabama. Prosecutors said Miller killed Holdbrooks and Yancy at one business and then drove to another location to shoot Jarvis. Each man was shot multiple times.

Testimony indicated Miller believed the men were spreading rumors about him. Jurors convicted Miller after 20 minutes of deliberation and then recommended a death sentence, which a judge imposed.

Alabama's attorney general’s office decides which condemned inmate is to be executed. The Alabama Supreme Court then authorizes the execution and Ivey schedules the execution date.

Miller has filed a federal lawsuit seeking to bar the use of nitrogen hypoxia as the method of execution with the suit claiming it amounts to cruel and unusual punishment, which the U.S. Constitution bars. The death warrant issued by Ivey will be in effect for 30 hours from midnight Sept. 26 to 6 a.m. Sept 27.

Alabama 1st to deploy nitrogen hypoxia execution method in U.S.

On Jan. 25, Smith became the 1st person in the nation executed using the method at the William C. Holman Correctional Facility in Atmore, Alabama. In the weeks before the execution, the attorney general’s office wrote in court documents that the inmate would lose consciousness in a matter of “seconds” and die in a matter of minutes.

The execution took about 22 minutes. Smith appeared to convulse and shake vigorously for about four minutes after the nitrogen gas apparently began flowing through his mask. It was another two to three minutes before he appeared to lose consciousness, all while gasping for air to the extent that the gurney shook several times.

The morning after Smith’s execution, Attorney General Steve Marshall described the execution as “textbook” and said the state was ready to carry out more nitrogen hypoxia executions.

'Contractual obligations':This state could be next to use nitrogen gas for death penalty if bill passes

What is nitrogen hypoxia?

Nitrogen hypoxia is a form of execution in which an inmate is deprived of oxygen until they breath only nitrogen, causing asphyxiation. Nitrogen, a colorless, odorless gas, makes up about 80% of the air people breathe. It isn't deadly until it is separated from oxygen.

The United Nations has raised concerns about the execution method, saying it would likely violate the 1984 Convention against Torture, which the U.S. ratified in 1994. Experts previously told USA TODAY the execution method can cause severe pain. The gas can induce seizures or vomiting, which can cause the person to choke to death.

If the mask is not secured well, the nitrogen could leak out and pose a safety hazard to witnesses in the chamber.

"We are concerned that nitrogen hypoxia would result in a painful and humiliating death," U.N. experts wrote in January before Smith's execution.

(source: usatoday.com)

OHIO:

Death penalty phase next after Singh found guilty of quadruple homicide----Brother of 2 victims who has traveled to Butler County court hearings says: ‘I want death.’

The 3 Butler County judges who Friday found found a West Chester man guilty in the deaths of 4 family members this week will begin the 2nd phase of the case: deciding on the death penalty or another punishment.

The panel of Judges Greg Howard, Greg Stephens and Keith Spaeth found Gurpreet Singh guilty of 4 counts of aggravated murder with a death specification for killing his wife and 3 other relatives in 2019 in their West Chester Twp. apartment.

Singh could face the death penalty in the sentencing or mitigation phase of the retrial, which will begin Monday.

The victims’ family members, many of whom have traveled thousands of miles in the past 5 years to attend hearings and the 1st trial, wept as the lengthy verdict forms were read to announce Singh’s guilt. Afterward, they thanked prosecutors, the panel of judges and West Chester Twp. police officers who were in the courtroom for closings and the verdict.

“We are proud of you and say thank you for the justice,” said Ajaib Singh, brother of murder victims Parmjit Kaur and Amarjit Kaur. He will return to Maryland this weekend but be back Monday for the sentencing phase.

“I want death,” he said.

The judges will now consider Singh’s sentence and if to spare his life. By law, the options are 25 years to life in prison, 30 years to life, life in prison without the possibility of parole, and death.

During the penalty phase, the defense will present evidence and reasons why Singh should not receive a death sentence. Singh could take the stand to make a statement.

The verdicts were read about 2 p.m. Friday. The 3-judge panel began their deliberations about 11:30 a.m. after hearing closing arguments in the morning.

Singh’s 1st trial had ended in a hung jury in October 2022.

After 9 days of testimony in the 2nd trial, the Butler County Common Pleas judges heard 90 minutes of closing arguments in the super courtroom.

The 41-year-old former truck driver was accused of shooting to death his wife Shalinderjit Kaur, 39; his in-laws, Hakikat Singh Pannag, 59, and Parmjit Kaur, 62; and his aunt-in-law, Amarjit Kaur, 58, inside their Wyntree Drive in West Chester Twp. on April 28, 2019.

“They were alive until the defendant came home,” Assistant Butler County Prosecutor Josh Muennich said during closing.

He said Singh set the stage for the murders, carrying them out in the dark of night, calling off work the day before, making sure his 3 young children were out of the residence and using a gun with with the serial number removed loaded with hollow point bullets.

“Then he started with the person he liked least (Hakikat), working way through (the house) shooting them all in the head,” Muennich said.

Prosecutors drove home Singh’s financial disputes with his father-in-law, a long standing affair with a woman in Indiana and his dwindling bank accounts after giving that mistress $20,000 to buy a house in Indianapolis and providing a car for her with insurance.

In addition to forensic evidence showing Singh had his wife’s blood on his clothes when police arrive and his hand tested positive for gunshot residue, there where his “lies,” Muennich said.

He asked if an innocent man “who watched someone butcher his family would thoroughly lie to the police?”

Singh did not tell police about his affair or financial issues or that he had witnessed the shooting, as the defense claims.

“At any point this defendant could have told the police he was present during the shootings, but he didn’t,” Muennich said.

According to GPS records, Singh was also in the parking lot of the apartment complex 29 minutes before he called 911 at about 9:40 p.m. He also lied about the telling the 911 dispatcher he had just gotten home, according to prosecutors.

“Covered in the warm blood of family he lied and decided to say he had just gotten home,” Muennich said. ‘The defendant lied to protect himself.”

The defense pointed to the lies Singh told as the reason he is on trial, not because he is guilty.

Attorney Alexandra Deardorff projected on the courtroom screen “Gurpreet is Not Guilty.” during closing arguments. Also show were happy and comical photos of Singh taken from wife’s phone that showed nearly daily calls between the couple when he was on the road as evidence the couple’s relationship was not strained despite the affair.

Deardorff said Singh did lie to police and police took the investigation no further.

“Gurpreet may have been scared by something,” she said.

Deardorff said the cash and car given to the mistress were loans and couched the relationship the neither were unhappy with at the time of the murders.

Singh bought also bought a house in his mistress’ neighborhood.

“Why buy a house, if you planned to move in with your mistress?” Deardorff said.

The defense pointed to a man with a criminal record who was in a land dispute with Hakikat as the person responsible for the slayings. They also noted not blood spatter on his hand and arms after such a blood scene and a witness who said he had seen a man in a hoodie running toward the woods after hearing gunshots on the night of the murders.

(source: journal-news.com)

CALIFORNIA:

LA Times Editorial Board: Racism Not Death Penalty’s Only Flaw

The California death penalty, in practice, is racist—but it’s much more than that, according to an editorial this week published by the Los Angeles Times editorial board, addressing recent petitions citing racism in California death sentences.

More specifically, the editorial board highlighted how within the past month civil rights organizations and defense attorneys are asking the State of California to invalidate the death penalty because it’s “irredeemably racist.”

While the editorial completely agrees with this claim, it argues the claim is an obvious one, stating “of course it is. Evidence and experience show racial bias at play at every level of the criminal justice system, from arrest to jury selection to verdict.”

The editorial then explains how these racial disparities are even worse when it comes to death sentences, noting, “Black (accused) were 4.6 to 8.7 times more likely to be sentenced to death than other (accused) facing similar charges” while “Latinos were 3.2 to 6.2 times more likely to be sentenced to death.”

Again, the LA Times board argues that while there is plenty of evidence to document this disparity in capital punishment sentencing, it should also be intuitive considering the “years of evidence showing Black and Latino people being arrested more often and sentenced to longer prison terms than white people for the same crime.”

According to the editorial board, “It stands to reason that the same biases would show up in death sentences.”

The LA Times editorial board adds that while “the Supreme Court petition contains voluminous data regarding racial bias in California’s capital punishment system” all of this is in some ways beside the point.

“Even if the state could perform painless and anxiety-free executions and racial biases were eliminated, the death penalty would still be wrong,” writes the LA Times editorial board.

The editorial outlines a multitude of issues with the death penalty. First, the editorial board argues there is no justification for capital punishment, which in the hands of the government is essentially “carefully planned and premeditated state homicide.”

Next, the writers explain how the death penalty is often applied arbitrarily and is distinctly political. The editorial board uses the statements and actions of former President Trump as an example, highlighting the contradiction between advocating for the death penalty for drug dealers in 2018 and then pardoning “convicted drug dealer Alice Johnson in 2020 after her cause was taken up by Kim Kardashian.”

Also put under scrutiny is current President Joe Biden, who according to the editorial, “promised to end capital punishment in federal cases but whose Justice Department nevertheless continues to seek death sentences.”

In addition to giving the government too much power, and being applied inconsistently, the LA Times editorial board asserts the death penalty is wrong because juries are not qualified “to weigh non-tangibles such as moral worth, or to choose between life or death without improper emotional considerations.”

According to the board, the fact jurors are asked to do so is “morally unconscionable” especially considering that sometimes death sentence convictions are made in error.

“7 Californians sentenced to death since 1973 were later exonerated. The Death Penalty Information Center names 20 people put to death in Southern and border states since 1989 who may well have been innocent,” wrote the Times.

The editorial board said it is not only concerned with how and when the death penalty is applied.

“The death penalty is wrong even when it is not imposed, because prosecutors use the mere possibility of execution to pressure defendants into pleading guilty and accepting life sentences—even if they are innocent,” writes the editorial board.

Another example of prosecutorial overreach highlighted by the board is “death qualifying” jurors—a practice in which prosecutors exclude anyone who may have reservations about execution from sitting on the jury.

The LA Times editorial board explains the biased results of this practice, “even if a death-qualified jury instead chooses life in prison, the same qualities that made jurors open to a death sentence may also have made them more likely to convict.”

After outlining the serious flaws attached to the death penalty, the Times acknowledges Americans who favor capital punishment usually want it to be imposed without error, pain, politics, or racial bias.

However, the LA Times editorial board identifies this as mere fantasy, writing “the death penalty is inextricably bound up with each of those ills, and more.”

Commenting on California Governor Gavin Newsom’s promise “that no one would be put to death on his watch,” the editorial board points to the death penalty’s continued prevalence in California.

“Capital punishment remains on the books in California, and district attorneys continue to use it to unjustly wring guilty pleas from defendants, or to toughen juries by death-qualifying them,” states the Times.

In closing, the LA Times editorial board once again affirms those petitioners citing racism in California death sentences and credits them for identifying an angle they deem “righteous” and potentially effective.

However, the editorial board expresses disappointment that it was even necessary for them to do so, writing that “the death penalty is morally repugnant and manifestly unjust, even without the long and ample record of racism in its application.”

(source: Shaolien Chen-Graf is a fourth-year student at the University of California, Santa Barbara studying Sociology and minoring in Professional Writing----The Davis Vanguard)

RUSSIA:

Britain Calls The Trial Whose Death Sentence Had Two Citizens Baseless And Illegal, Russian Foreign Minister: They Committed A Crime

Russia's Foreign Minister confirmed that 2 Britons and a Moroccan were sentenced to death for crimes in Donetsk, as Britain criticized the verdict and promised to make every effort to free its citizens.

Russian Foreign Minister Sergei Lavrov said the 2 Britons and 1 Moroccan who was sentenced to death on Thursday in the Donetsk People's Republic (DPR), had committed crimes on the territory of the self-proclaimed country.

"At present, the trial you mentioned is being held under the laws of the Donetsk People's Republic, because the crimes in question were committed on the territory of the DPR," Foreign Minister Lavrov said.

Separately, the British Government will use all diplomatic channels to release 2 British mercenaries who are facing the death penalty.

"As UK Foreign Secretary Liz Truss has made clear, we will offer all the support we can to them and their families," said Robin Walker, the UK state minister for school standards, referring to Aide Aslin and Shaun Pinner, citing TASS.

"We have been very clear all along that these people should be treated as prisoners of war under the Geneva conventions," Walker urged.

"There is no basis on which they can be tried. This is an illegal trial in a false government," Walker criticized.

"We do not recognize that it has authority. We will continue to use all diplomatic channels to make a case for these prisoners of war to be treated properly," he stressed.

Walker said he had no details about whether Truss or his deputy had spoken to Russia's ambassador to London Andrey Kevin.

"The Secretary of State strongly condemns the approach taken here (in the DPR) to them (Pinner and Aslin, TASS), and we will use every method at our disposal to raise this issue," Walker concluded.

It is known that a House of Representatives court sentenced British Pinner and Aslin to death, along with a Moroccan, Brahim Saadoun, for fighting on the side of the Kyiv regime as mercenaries last Thursday.

The DPR Attorney General's Office said testimony obtained from Pinner, Alin and Brahim confirmed their role in crimes, such as forced seizure of power and mercenary activities.

After the verdict was read out, the presiding judge said the convicts had the right to appeal for clemency. Foreign convicts also have 1 month to challenge the verdict.

(source: voi.id)

SOUTH AFRICA:

2024 Elections----Gayton McKenzie promises to bring back the death penalty

The Patriotic Alliance took its campaign trail to Athlone in Cape Town.

The party is attempting to dethrone the DA in the Western Cape.

During his address PA leader, Gayton McKenzie says should he win, he plans to restore law and order by bringing back the death penalty.

(source: enca.com)

BANGLADESH:

9 to die for killing Jubo League leader in Cumilla

A local court today sentenced 9 people to death for killing Jubo League leader Jamal Uddin alias Bakka Jamal in Chauddagram upazila in Cumilla. At the same time, 9 people have been sentenced to life imprisonment while the judge acquitted 5 people as the charges were not proven against them.

Those sentenced to death in the case were - Ismail Hossain Bachchu, former chairman of Chauddagram's Alkara Union, Salauddin, Abdur Rahman, Mofizur Rahman Khandkar, Ziauddin Shimul, Zahid Bin Shuvo, Rezaul Karim Bablu of Alkra Union's Kulasar village, Riaz Uddin Miyaji, Mamata Amir Hossain.

The convicts who received life-term imprisonment were - Nurul Alam, Kofil Uddin, Nurunnabi Sujon, Iqbal Ahmed, Saiful Islam, Mahfuzur Rahman Khandkar, Mosharef Hossain, Alauddin and Mohammad Ali Hossain.

Cumilla Additional District and Sessions Court Judge Jahangir Hossain handed down the verdict in the afternoon.

According to the case statement, on January 8, 2016, Chauddagram's Alkara Union Jubo League President Jamal Uddin was killed. It was learnt that a dispute arose between the Jubo League leader Jamal Uddin and the then local UP chairman Ismail Hossain Bachchu as Jamal protested the chaiman's various misdeeds including extortion. Following this, the chairman's men attacked Jamal Uddin. He was injured. In this regard, Jamal himself filed a case in court as a plaintiff.

After filing the case, chairman Ismail Hossain Bachchu planned to kill Jamal.

Later, on January 8, 2016 at 8 pm, Jubo League leader Jamal was shot and hacked to death by the convicts led by the Chairman Ismail Hossain Bachchu in Padua area under Chauddagram upazila on the Dhaka-Chattogram highway while Jamal was travelling to Dhaka from Cumilla.

In this regard, Jamal's elder sister Zohra Akter filed a case against 23 people as the plaintiff.

(source: daily-bangladesh.com)

PAKISTAN:

One convicted in famous Mian Muhammad Town murder case: Accused Sideeque awarded Capital Punishment:

Additional District Criminal Court, Mirpur (Azad Jammu Kashmir) has convicted and awarded capital punishment to one Muhammad Sideeque s/o Khan Zaman (Pathan) R/o Nowshehra (KPK) under murder charges under section 302/34 APC for assassinating his co-villager Tahir Ali Shah s/o Rehmat Khan Pathan R/o Tehsil & District Noshehra (KPK) in Mian Muhammad town adjoining locality of Mirpur city about 4 years ago.

The learned court convicted the murderer in the case titled ‘’State through Waseem Nawaz Sub Inspector / SHO, New City Police Station Mirpur (TIME) v/s Muhammad Sideeque s/o Khan Zaman of Noshera District (KPK)”.

The court also sentenced the accused another 03 years imprisonment under section 201 APC. The learned Additional District Criminal court also awarded 02 years imprisonment with a fine for Rs. 10 thousand in offence under section 15 (2) A. The accused will have to go to three months imprisonment in case of non payment of the fine, the court order said. All the sentences will commence simultaneously in District Jail Mirpur AJK, the learned court ordered.

According to the prosecution, the accused Muhammad Sideeque s/o Khan Zaman of Noshera District (KPK) had injured one Tahir Ali Shah s/o Rehmat Khan Pathan R/o Tehsil & District Noshehra (KPK) at Ban Khurma area of New City Police station on September 24, 2020. The injured Tahir Ali Shah later succumbed to serious injuries.

The investigations were later conducted by the SHO – Sub Inspector Wasim Nawaz (now SHO Inspector Palandri (AJK) after registration of case under section 324 / 337 AF – APC in the New City Police station.

(soruce: New Parliament Times)

SINGAPORE:

77% Singaporeans Favour Death Penalty For Drug Trafficking: Shanmugam

In a statement at the Singapore Parliament on the nation’s approach to narcotics, K Shanmugam, Minister for Home Affairs and Minister for Law, said on Wednesday that Singapore’s policy “is necessary, it is effective, [and] it is well supported by Singaporeans”.

The Indian-origin minister said at the outset of the parliamentary speech that Singapore’s approach “has been criticised by some, who are helping inmates to abuse the legal process”. He added, “They try and frustrate the legal process and prevent the penalties from being carried out.”

Singapore metes out the death penalty for drug trafficking in some cases, and the amount of narcotics that attracts the death penalty is very specific. There have been calls to end the death penalty and sentence those convicted of drug trafficking to life imprisonment instead.

However, Shanmugam informed the parliament that there was “strong public support for our drug control approach”.

Citing various surveys, the Singapore home minister said, “There is broad support from our population because we have been upfront and open about the rationale, circumstances, and safeguards on the use of the death penalty.”

He added, “Surveys conducted by [the Singapore Ministry of Home Affairs] show that support for the death penalty has, in fact, gone up in the last 2 years.”

Shanmugam said, “In a 2021 MHA survey, 74 % of the respondents agreed or strongly agreed that the death penalty should be used for the most serious crimes, including drug trafficking.

“We redid that survey last year in 2023; it now shows that 77 % of the respondents agreed or strongly agreed. This is a statistically significant increase of about 3 percentage points.

“The 2021 survey also found that about 66 % of the respondents agreed or strongly agreed that the mandatory death penalty is an appropriate punishment for trafficking a significant amount of drugs.

“In the 2023 survey, 69 % of the respondents, almost 7 in 10, agreed or strongly agreed, again a statistically significant increase. MHA will be publishing the full report later this year.”

Referring to criticism of the Singapore approach to dealing with narcotics, the minister said at the outset of his speech that “these criticisms are without merit”.

After giving details of the rising public support numbers for the death penalty in narcotics trafficking cases, he said, “This is quite remarkable because members [of parliament] might sometimes come across activists saying: the death penalty is controversial, support for it is weakening, and so on.

“In fact, to the contrary, we are seeing the reverse. Support for the death penalty has, in fact, increased, [and] in a statistically significant way. It shows that Singaporeans understand the need for the death penalty, to deal with the most serious crimes.”

Citing “yet another survey”, Shanmugam said, “In 2023, the National Council Against Drug Abuse conducted a survey. Almost 91 per cent expressed support for Singapore’s drug-free approach, and 87 per cent agreed that our drug laws are effective in keeping us relatively drug-free. We have these high levels of support because Singaporeans trust the government to do the right thing, and to do right by Singapore.”

Informing fellow MPs of the quantity of narcotics that attracted the death penalty, Shanmugam said, “The death penalty is imposed on persons who traffic specified amounts. For example, a person who traffics 15 grams of pure heroin — which is enough to feed the addiction of about 180 abusers for a week — will face capital punishment.”

Data showed that the Singapore drug control policy was “an effective deterrent”, said the minister.

He presented a cause-and-effect scenario: “The evidence shows clearly that the death penalty has been an effective deterrent. In 1990, we introduced the death penalty for trafficking more than 1.2 kg of opium. In the 4 years that followed, there was a 66 % reduction in the average net weight of opium trafficked.”

Damage done by narcotics around the world

In his ministerial statement, Shanmugam discussed the global and regional drug situation; the threat from the drug trade, and Singapore’s approach to that threat; attempts to spread misinformation and undermine aspects of Singapore’s drug policies; and the Singapore government’s plans to further strengthen drug control policies.

Shanmugam presented some slides to illustrate his statement. Telling the MPs about the fallout of drug trafficking, he said, “…In the [European Union], half of all homicides and more than a quarter of illegal firearms seizures were linked to drug trafficking. So, members can consider just how many lives have been lost.”

He said, “In the port city of Rotterdam [in the Netherlands], children — some as young as 14 years old — are being recruited as ‘cocaine collectors’, to get the drugs from shipping containers.

“In January of this year, the Mayor of Amsterdam, and you see her referred to in the quote, Femka Halsema, said that [the] Netherlands risks becoming a ‘narco-state’. The illegal drug trade has grown ‘more lucrative, professional, and ruthlessly violent’. Think of a mayor of a major European city saying that and what the implications are.”

Giving the example of another European country, the Singapore home minister said, “Sweden, considered one of the safest places in the world, has also been seriously affected by drug- and gang-related violence. Since 2013, the number of fatal shootings has more than doubled. In 2022, there were 391 shootings, 90 explosions, 101 attempted attacks with explosives. These were linked to fights between criminal gangs over drugs and arms.”

Going over some data on drug use and its ill-effects in the Americas, the minister came to the region of which Singapore is a part. He said, “Closer to home, in South-East Asia, the Golden Triangle — where the borders of Myanmar, Thailand, and Laos meet — is a major drug-producing region.

“The [United Nations Office on Drugs and Crime] reported in 2022 that East and Southeast Asia are ‘literally swimming’ in Meth. In 2022 alone, 151 tonnes of Meth was seized in the region.”

Singapore is a big target for drugs flooding SE Asia

Covering the narcotics situation in South-East Asia in some detail, Shanmugam then said, “With that, let me now turn to the situation in Singapore, and the threat we face here from the drug trade. We are a big target for the drugs that this region is being flooded with.”

As to why Singapore was such a big target for drug peddlers in spite of its zero-tolerance policy, he said, “Despite our stiff penalties, some traffickers try their luck because of the profits they can earn. The street price for drugs is much higher in Singapore than many other parts in this region. Our purchasing power is much higher, our GDP is much higher, our wealth is much higher — so, it is obvious.”

Drug traffickers, said the minister, were quite “innovative”. Law enforcement agencies in Singapore had found narcotics concealed in “fire extinguishers, furniture, and even fruits”, he added.

To drive home how grave the problem was, Shanmugam said, “Last year, [the Central Narcotics Bureau of Singapore] seized about SGD 15 million worth of drugs, and dismantled 25 drug syndicates.

“The number of drug abusers arrested increased by 10 per cent from the previous year, while the number of cannabis abusers reached a 10-year high.

“The Health and Lifestyle Survey conducted by IMH in 2022 showed that the mean onset age of illicit drug consumption in Singapore is 15.9 years old — this is the age of a Secondary Four student.

“Members can see that we are not exempt from the problems that other countries face.”

Shanmugam informed the House that the government took “an evidence-based approach towards drug control”.

He said, “In 2019, we changed our policy to focus on helping persons who are pure drug abusers. If they only abuse drugs, and have not committed other offences, they are channelled to receive treatment, and do not get a criminal record.

“The interventions are based on the risk profile of the abuser. For example, low-risk, 1st-time adult drug abusers will generally undergo counselling in the community, together with regular urine or hair testing.

“This minimises disruption to their daily lives while ensuring that their addiction issues are addressed.

“Beyond the mandated supervision period, the Singapore Prison Service (SPS) continues to work with Yellow Ribbon Singapore (YRSG) and its community partners, to help the drug abusers. For example, YRSG assists ex-inmates with career coaching and job placement.

“And these efforts have produced some results. From 1993 to 2021, our two-year recidivism rate for those released from DRC decreased by more than two-and-a-half times from 73 per cent to 27.7 %.

“There are many examples of ex-drug abusers who have kicked the habit, leading new lives.”

Authorities take tough approach against drug traffickers

On the government policy on drug traffickers, Shanmugam said, “While we seek to help abusers, we take a tough approach against drug traffickers. We have zero tolerance for those who destroy the lives of others, for money.”

The problem of demand-and-supply when it came to drugs had to be dealt with both through education and awareness (for the buyers) and deterrence (for the sellers), he said.

In the context of using death penalty as deterrence, Shanmugam spoke of a 2021 study conducted in parts of SE Asia: “We are evidence-based, so I told my ministry, let’s do a survey from the regions where many of our drug traffickers come [from], to see what the populations in those areas think of our penalties, and if our penalties are a sufficient deterrent…. So, we did a statistically, scientifically-valid study in the parts [of SE Asia] which many of our drug traffickers come from.”

He said, “[The regional survey] showed that 87 % of those surveyed — this is nine out of 10 — believed that the death penalty deters people from trafficking substantial amounts of drugs into Singapore; 83 per cent, 8 out of 10, believed that the death penalty is more effective than life imprisonment in deterring drug trafficking; and 86 per cent believed that the death penalty deters serious crimes in Singapore.

“The implications are that when the drug barons go around trying to recruit people to come into Singapore, people would be very careful. Many would say ‘no’, and if they do get tempted, they might say, ‘well, I might only traffic drugs below a certain threshold amount’. So, that makes it much more difficult to traffic substantial amounts into Singapore.”

The minister said, “So those who suggest that the death penalty can be replaced by life imprisonment should look at these figures. The deterrent effects of the two penalties are very different.”

Death penalty for drug traffickers, he said, “is necessary to protect our people, prevent the destruction of thousands of families, and prevent the loss of thousands of lives. That is why we maintain the death penalty.”

Without mincing words, Shanmugam said, “[MPs] have to understand — this is nothing short of a war. I say that we are fighting a war, and using that analogy, because that is the scale in terms of victims and lost lives.”

Misinformation portrays drug traffickers as victims

Discussing the misinformation campaigns against Singapore’s drug control policy, the minister said, “The evidence for our approach is compelling. People can see what is happening around the world, which is why I took some time to explain the situation, country by country. Despite that, in recent years, there has been a small group of people who attempt to mislead the public with misinformation on drug traffickers and the death penalty.

“They seek to evoke sympathy by presenting an image of an unfair criminal justice system stacked against drug traffickers.

“They publish videos, pictures, stories from the trafficker’s childhood, sharing interviews with family members — ‘He’s got a mother’; ‘He’s got a sister’; ‘He’s had a child’; ‘He had a childhood’; ‘Poor guy’ — portraying the trafficker as a victim of unfortunate circumstances. ‘He didn’t have money and, therefore, he trafficked drugs.’

“But they leave out the facts of the cases. They leave out the accounting of the harms caused to the victims of the traffickers. They glorify the trafficker. They do not give any voice to the victims, the number of lives lost or wrecked by drugs. And the reason the traffickers were trafficking the drugs in the first place, which is to make money.”

In a scathing response to activist campaigns trying to elicit public sympathy for drug dealers’ families, the home minister said, “The victims [of the dealers] also have wives, sisters, children, parents. All of these people will also suffer.

“If you face financial difficulties, if you need money, get a job. You don’t have to traffic in drugs to make money.”

Shanmugam recounted one of the “shocking stories in Singapore” related to drug peddling: “Early last year, a man was convicted of committing incest with his 17-year-old daughter after sharing Meth with her. She became reliant on him for sustaining her addiction and did not come forward with the truth for months.”

Many other chilling facts related to drug trafficking were presented by the minister to his fellow MPs. “But,” he said, “these facts and images are usually missing from the speeches [and] posts of those who campaign against the death penalty. Instead, there are baseless allegations, one-sided claims, and half-truths.”

Ministry’s future plans to address the drug problem

In the last part of his speech, Shanmugam spoke of the Home Ministry’s plans to address the drug problem.

“We formed the Inter-Ministry Committee (IMC) on Drug Prevention for Youths last year,” he said. “Members of the IMC have started running anti-drug programmes to enhance awareness on the harms of drugs and mobilise key community leaders to amplify our anti-drug messages.

“Let me share some examples: SportSG has begun to incorporate preventive drug education into its programmes and curricula for our young athletes, and to reinforce positive life values to remind our youths about pursuing excellence while keeping their minds and bodies healthy.

“Our schools will cover drug-related topics in their school curricula, by extending it to other subjects, such as the General Paper.

“In the Institutes of Higher Learning (IHLs), these messages will be reinforced at various junctures, such as orientation sessions and pre-departure briefings before students go on overseas trips.

“Starting this year, we will introduce a ‘Drug Victims Remembrance Day’ for our communities to rally together to remind ourselves of the harm, the hurt, and the trauma, which the families and loved ones of drug abusers suffer and have suffered.

“In partnership with CNB, MOE schools and IHLs will be organising various activities, such as lessons, exhibitions, and talks on the Remembrance Day. There will also be an essay competition for youths in post-secondary educational institutions to encourage conversations and reflections on the impact of drug abuse.”

Remembrance Day activities would include “a candlelight display to remember the victims of drug abuse, not only from Singapore but from all around the world”.

In conclusion, Shanmugam said, “We have to respond robustly to [narcotics] challenges, so that we do not have a generation caught up with drug addiction, so that our children can inherit a country that is safe and free of drugs, and have the same environment that we enjoy today.”

(source: freepressjournal.in)

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Analyzing Singapore's Death Penalty for Drug Crime

The capital punishment for drug offenses in Singapore is a polarizing topic that encompasses legal, ethical, and human rights considerations. Supporters advocate that it acts as a potent deterrent against drug trafficking, shielding society from the detrimental effects of substance abuse. Conversely, detractors assert that it infringes upon fundamental human rights, perpetuates a cycle of violence, and fails to address the underlying causes of drug-related crimes.

This critical analysis will delve into the arguments for and against Singapore's death penalty for drug offenses, evaluating its effectiveness, morality, and implications for justice and human rights.

Under the Misuse of Drugs Act - 1973 of Singapore, trafficking the specified quantities of prohibited substances results in a mandatory death penalty: 30 grams of morphine, 15 grams of diamorphine (pure heroin), 500 grams of cannabis, 200 grams of cannabis resin, 1,000 grams of cannabis mixture, 30 grams of cocaine, and 250 grams of methamphetamine.

Proponents of Singapore's death penalty for drug crimes argue that it is essential to combat the drug trade effectively. Singapore's stringent drug laws and zero-tolerance policy towards drug trafficking convey a stern warning to potential offenders and drug syndicates. Additionally, proponents maintain that the death penalty serves as a deterrent, dissuading individuals from engaging in drug-related activities due to the fear of facing severe consequences. Furthermore, supporters of the death penalty for drug crimes argue that it protects society from the adverse effects of drug abuse.

They contend that drug trafficking contributes to social instability, crime, and public health crises. By imposing the death penalty on drug traffickers, Singapore aims to deter drug-related activities and safeguard public safety and well-being. Moreover, proponents assert that Singapore's criminal justice system ensures due process and safeguards against wrongful convictions. Defendants accused of drug trafficking are afforded legal representation, and trials are conducted in accordance with established legal procedures. The burden of proof rests with the prosecution, and defendants have the right to appeal against their convictions.

Critics of Singapore's use of the death penalty for drug-related offenses raise substantial ethical and human rights concerns. They assert that the death penalty violates the fundamental human right to life, as enshrined in international law. The application of the death penalty for drug offenses is disproportionate and excessive, especially considering the nonviolent nature of many drug-related offenses.

They further claim that the death penalty is inadequate in deterring drug trafficking. Research indicates that the fear of execution does not substantially decrease drug-related offenses. Critics propose that tackling the underlying causes of drug trafficking, such as poverty, social inequality, and limited access to education and job opportunities, is more effective in preventing drug-related crimes.

Those opposing capital punishment for drug-related crimes contend that it fosters a continuous cycle of violence and unfairness. The execution of drug dealers does not tackle the fundamental factors behind drug trafficking and neglects to offer rehabilitation and assistance to individuals grappling with drug addiction. Rather, it leads to the loss of human lives and exacerbates the stigmatization of drug users and vulnerable communities.

Critics also contend that Singapore's legal system lacks fairness and transparency in death penalty cases, alleging unfair trials and denial of legal representation, especially for foreign nationals. The mandatory imposition of the death penalty for specific drug offenses restricts judges' discretion, compromising principles of justice and clemency.

The death penalty for drug offenses in Singapore is, therefore, a multifaceted and controversial topic that evokes significant moral, ethical, and human rights concerns. While supporters assert its necessity for countering drug trafficking and safeguarding public safety, opponents argue that it violates basic human rights and does not address the underlying factors contributing to drug-related crimes.

Ultimately, the ongoing debate regarding the death penalty for drug offenses in Singapore emphasizes the crucial need for a comprehensive drug policy strategy that prioritizes prevention, harm mitigation, and rehabilitation while upholding the tenets of justice and human rights.

Innocent Persons May Fall Victim of Death Penalty in Drug Crime:

In the realm of drug offenses, innocent people may unintentionally become subject to capital punishment due to several factors. To begin with, the secretive nature of drug trafficking can lead individuals to unknowingly participate or be coerced into transporting or storing drugs without fully understanding the potential consequences. Furthermore, corruption within law enforcement or judicial systems can result in false accusations or fabricated evidence against innocent persons. Further, may people can't identify a drug and may fall victim of circumstances due to their ignorance. Similarly, some drugs which are illegal in Singapore may be legal in some other countries, if kept in small quantity.

Additionally, inadequate legal representation or language barriers can hinder accused individuals from effectively defending themselves in court, increasing the likelihood of wrongful convictions. The reliance on circumstantial evidence or unreliable witnesses in drug-related cases can also contribute to miscarriages of justice.

Social and economic vulnerabilities play a role as well, with marginalized individuals being disproportionately targeted and less likely to receive a fair trial due to their poverty and failure to engage a good defence lawyer. The pressure to solve high-profile drug cases quickly may lead authorities to overlook due process and rush to judgment.

The quantity limits specified in the Misuse of Drugs Act - 1973 might not precisely mirror an individual's intention to traffic drugs. Unsuspecting individuals may unintentionally possess or transport substances beyond these thresholds due to various reasons, such as being misled, coerced by others, or simply unaware of the quantity they are carrying. Many people are unaware as to how a drug looks like and which drug is illegal in which country.

Furthermore, the reliance on quantity thresholds as the primary determinant for imposing the death penalty disregards crucial factors such as intent, involvement, and culpability. Innocent individuals may find themselves inadvertently caught in situations where they are wrongfully accused or implicated in drug trafficking activities, yet are unable to effectively defend themselves against the severe legal consequences.

It is generally seen that the big fishes involved in drug business are seldom caught and the unsuspecting poor people engaged by them as carrier sometimes by fraud are caught while carrying or transporting the drugs.

Cannabis and cocaine, illegal in Singapore, once symbolizing strict global prohibition, are now experiencing significant changes in legal status across various countries. In recent times, numerous nations have embraced more lenient approaches to these substances, from decriminalization to full legalization.

Cannabis, celebrated for its medicinal and recreational properties, illegal in Singapore, has witnessed widespread legalization for both purposes. Countries like Canada, Uruguay, and several U.S. states have legalized cannabis for recreational use, while many others have implemented medical cannabis programs. This shift reflects the evolving perception of the plant, recognizing its potential benefits and acknowledging the failures of prohibitionist policies.

Similarly, cocaine, primarily known for its illicit use as a recreational drug, illegal in Singapore, has also sparked discussions around its regulation. Although widespread legalization seems improbable due to its potent psychoactive effects and associated risks, some countries have explored harm reduction strategies, such as safe consumption spaces and access to treatment for addiction.

The legalization or decriminalization of cannabis and cocaine signifies a growing recognition of the limitations of punitive drug policies and a desire to adopt more evidence-based approaches. By prioritizing public health and harm reduction over punitive measures, these countries aim to minimize the negative consequences of drug use while respecting individual liberties and autonomy. However, the regulatory landscape surrounding these substances remains intricate, with ongoing debates over the most effective strategies for addressing drug-related issues in society.

In summary, the intricate and frequently opaque nature of drug crimes, combined with systemic flaws within the criminal justice system, creates an environment where innocent individuals may tragically face the ultimate punishment of the death penalty.

However, in a recent survey, it was found that around 70% of Singaporeans endorse the preservation of the death penalty for drug-related offenses. This robust public opinion has discouraged the Singaporean government from contemplating any changes to the existing legislation concerning capital punishment for drug-related crimes.

No doubt it is true that the imposition of the death penalty for drug crimes has a significant psychological impact on drug mafias and traffickers. The severity of this punishment acts as a strong deterrent, discouraging individuals from engaging in drug trafficking due to the fear of severe consequences. The prospect of losing one's life serves as a powerful deterrent, disrupting criminal networks and reducing the prevalence of drug-related activities. The fear of the death penalty compels traffickers to reconsider their actions, leading to the suppression of drug trafficking operations. The death penalty contributes to public safety by promoting the reduction of drug-related activities.

But, for fair and just implementation of laws, it is imperative that they be based on rational and logical reasoning, rather than solely influenced by the emotional sentiments of the majority, as innocent individuals being victim of circumstances might be wrongly convicted and subjected to the death penalty for drug-related crimes particularly when they belong to a poor background or are foreigners going to or staying in Singapore for earning their livelihood.

(source: Md.Imran Wahab; legalslerlviceindia.com)

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Death penalty for all 3 accused in Asifabad gangrape and murder case

Delivering its verdict on the gruesome gangrape and murder of 30-year-old Samata (name changed), a special fast track court in Adilabad district on Thursday sentenced the 3 accused in the case to death. The judgment comes 2 months after the incident. Besides death sentence the convicts were imposed a fine of Rs 26,000.

30-year-old Samata hailing from Nirmal's Khanapur region was working as a street hawker, selling cosmetics and petty items. She was found murdered in a village in Lingala mandal of Asifabad district. Investigating officials had arrested 3 men, Shaik Babu (35), Shaik Shaboddin (30), and Shaik Makdum (40), and booked them for murder, gangrape, and relevant sections of the SC and ST Prevention of Atrocities Act on November 25. The police had submitted its evidence and produced around 25 witnesses before the court.

Following the verdict, the 3 accused reportedly pleaded for mercy from the court, saying they had young children who depend on them. The verdict comes after the judgment was postponed several times. While it was initially expected to come on January 7, the court postponed it to January 27 and finally January 30.

The victim is from the Budagajangam community (Scheduled Caste), which is among the most marginalised in Telangana, even among Dalits.

After her death, protests erupted in Asifabad and parts of erstwhile Adilabad. Activists alleged that the government had ignored delivering justice to the victim since she belonged to a Dalit community.

Following widespread protests, the Telangana government set up a special court in Adilabad in December 2019, where the trial began. The state government also offered Samata’s husband a job as an attendant at the state-run Social Welfare Hostel.

Speaking to TNM earlier this week, her husband had said, "We strongly believe that the court will give justice to us as it heard the case thoroughly in the last 2 months. Those 3 should be given death penalty, as they tortured and killed her."

(source: Yahoo News)

MAY 11, 2024:

NORTH CAROLINA:

Father of Franklinton homicide victim wants death penalty for the suspect, more mental health oversight----William Hulme and Matthew Johnson were a couple who shared their love for each other and their community for about five years. However, in April, their roommate Christian Webster allegedly shot them to death.

William Hulme and Matthew Johnson were a happy couple, sharing their love for each other and their community together for about 5 years.

In April, Franklinton police say the 2 were shot to death by their roommate Christian Webster. Now, William Hulme’s father Tom Hulme is calling for justice for his son and his partner.

“There is no book telling parents what to do when their children are brutally murdered,” Hulme told WRAL News.

Hulme said Webster moved in with Johnson and Hulme in September. In the meantime, he said Webster was trying to get back on his feet. Hulme said he met Webster multiple times, as William Hulme would often bring both him and Johnson during visits with his parents.

“When Will and Matt first indicated they were going to have someone move in with them, the 1st thing that came out of my mouth, was 'How well do you know this person?' They said 2-2.5 years through a circle of friends. I said, 'That still doesn't amount to how well you know a person,” Hulme said. “My wife hugged him, and 5 weeks ago today, he murdered - he didn't kill; he didn't make them dead - he murdered these 2 men.”

Around 2 a.m. on April 5 at 24 Pine St., Webster called 911. He told the dispatcher he killed his roommates and left Hulme’s body in the bathtub and Johnson’s body in the basement, according to court documents.

After an hours-long standoff, Webster was taken into custody after he had barricaded himself inside the home. Webster is charged with 2 counts of 1st-degree murder.

According to search warrants, investigators seized multiple weapons from the home, including a 12-gauge shotgun and .270-caliber rifle, an axe and a machete and blood-stained clothing.

According to Johnson’s autopsy, he was shot in the head with a 12-gauge shotgun loaded with birdshot and shot in the back of the head with a .270-caliber rifle. His cause of death is listed as shotgun and gunshot wounds of the head.

“We got the tragedy of death that didn't have to happen,” Tom Hulme said. “It's beyond heartbreaking.”

Authorities have not released the autopsy results for William Hulme as of Friday evening.

WRAL News also learned Webster is facing a misdemeanor charge for discharging a weapon within city limits. Court documents say that incident happened March 31, not even a week before he allegedly killed his roommates.

Court documents say Franklinton police initially responded to a shots-fired call. They arrived at the home to find Webster with a long gun, who ran into the house and barricaded himself inside. He apparently called 911 during that incident, as well, telling the dispatcher he would hurt himself and law enforcement.

After hours of negotiation, he came out of the house unarmed. He was taken into custody for “involuntary commitment.” He was released from Maria Parham Hospital around noon, and all firearms were removed from the house, according to court documents.

“We need to get our arms around mental health care and identification of different levels of mental health and have the proper treatment,” Hulme said. “The system holds a lot of the blame in why this happened here ... we have an issue of mental health and how it's controlled.”

But Hulme said that will not be enough. He said he wants justice for both men who died.

“Justice looks very biblical. An eye for an eye, tooth for tooth, blood for blood. This young fellow deserves the death penalty,” Hulme said, referencing Webster.

Hulme said he is disappointed that the families have not spoken to District Attorney Mike Waters directly about the case.

Waters sent WRAL News this statement:

"This crime was reported on April 5, 2024, and Mr. Hulme was contacted by our office promptly after the 1st court appearance. Our office was not provided victim contact information prior to the 1st court date. At that time Mr. Hulme did inform our office that he expected full discovery and the death penalty would be sought.

"While I cannot imagine the grief and anger Mr. Holme is experiencing, our office must proceed professionally and carefully. Our goal is justice. Consequently, our goal is not served by making promises before we have reviewed the evidence or allow evidence to be disclosed that could be harmful to the trial process. Our office will comply with all provisions of the Crime Victim’s Rights Act including contact before court dates, and access to the people handling his son’s case. At the appropriate time, we will share sufficient details with Mr. Hulme so that he can decide whether to support any decision regarding disposition of the case, including whether to seek the death penalty.

"This case is in the very early stages. Once evidence is available to our office it will be reviewed to determine whether seeking the death penalty is appropriate."

The Johnson and Hulme families are looking for a legal team to help represent them and “transform the system.”

Hulme said he is disappointed by the police department’s evidence collection process and how they share information with the families.

Franklinton Police Chief James Davis sent WRAL News this statement:

"The Franklinton Police Department has conducted a detailed and thorough investigation of this case. The Franklinton Police Department has worked alongside the Franklin County Sheriff's Office City County Bureau of Investigations (CCBI), North Carolina Office of the Chief Medical Examiner, and the District Attorney's Office on this matter.

"Pursuant to the search warrant all relevant evidence was collected from the crime scene. The Franklinton Police Department continues to extend our deepest condolences to the victims' families, we have maintained an open line of communication with the victims' families throughout the course of the investigation. The defendant, Christian Webster, is not currently a convicted felon. The defendant is currently facing a number of felony charges in connection to this case."

Webster’s next court date is scheduled for July 3 for the discharging weapon charge. His next court date for the murder charges is scheduled for Oct. 23.

(source: WRAL news)

ALABAMA----female to face death penalty

Alabama prosecutors to seek death penalty against woman accused of pushing victim off cliff

DeKalb County prosecutors will seek the death penalty against a woman who they say pushed another woman off a cliff, where her body remained undiscovered for almost 2 years.

Loretta Kay Carr, 45, of Fort Payne, was charged last year with capital murder-kidnapping in the October 2021 death of Mary Elizabeth Isbell. Her daughter, Jessie Eden Kelly, 22, faces the same charge.

According to court documents, Ninth Judicial Circuit District Attorney Summer Summerford stated the death penalty is warranted by the “aggravating and mitigating circumstances” in the case.

The remains of Isbell, who had been reported missing for almost 2 years, were identified June 30, 2023, on what would have been her 39th birthday, after their discovery in Little River Canyon National Park.

Isbell was reported missing by her ex-husband on Dec. 27, 2021. Detectives with Hartselle police used phone records to determine she had been living in the DeKalb County area on Lookout Mountain.

The discovery of her remains came after a tip in June 2023. Authorities believe Isbell’s death occurred sometime between the evening of Oct. 18 and the early morning of Oct. 19, 2021.

The 3 women knew each other through a man, an investigator said following Carr’s arrest.

At a press conference following the identification of Isbell’s body, investigators said they suspected her remains were somewhere in the area of the park, but they were unsure of its exact location. They found it after receiving information from one of the suspects, an investigator said in June.

(source: al.com)

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State files to seek death penalty against DeKalb County woman charged with capital murder

The State of Alabama has given formal notice that they will seek the death penalty to the defense of a woman accused of kidnapping and forcing a missing woman off a cliff over 2 years ago.

According to court documents, the State of Alabama filed a notice that they will seek the death penalty for 44-year-old Loretta Carr.

Carr is charged with capital murder in the death of Mary Isbell. Her daughter, Jessie Eden Kelly, was also charged with capital murder.

The indictment states Carr intentionally caused Isbell’s death by forcing her off a cliff into Little River Canyon after she had kidnapped her.

Isbell had been reported missing to the Hartselle Police Department and DeKalb County Sheriff’s Office (DCSO) by her ex-husband. She was last seen in November of 2021. Isbell reportedly had family in Hartselle but was last known to live in DeKalb County.

Her remains were found by a search team at Little River Canyon National Park on June 28, 2023.

(source: WHNT news)

MISSISSIPPI----new death sentence

‘God have mercy on your soul.’-- Biloxi man gets death penalty for torture, murder of child

A Mississippi Coast man is headed to death row for the beating and suffocation death of his 2-year-old stepson — all because the toddler soiled his diaper and took too long to get a juice box out of the refrigerator.

A jury in Harrison County Circuit Court in Biloxi deliberated for just over 2 hours Friday before handing down the death sentence against Joseph David Heard, 41, in the Dec. 27, 2021, killing of his stepson, Hayden Lee Bataille, of Biloxi.

Heard’s wife, Hailey Lynn Bataille Heard, 24, is serving a life sentence for 1st-degree murder in her toddler’s death. She testified against Heard at the trial in Circuit Court in Biloxi.

Heard, 41, kept his head down after jurors entered the room to hand the bailiff the form with their decision. None made eye contact with Heard.

Heard showed no emotion after Judge Larry Bourgeois announced his fate.

No one showed up in support of Heard.

“God have mercy on your soul,” the judge said before bailiffs led him out of the courtroom. Assistant District Attorney George Huffman and Mara Joffe prosecuted the case.

“He was beaten for being a child,” Huffman said.

(source: sunherald.com)

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Biloxi man given death penalty for killing 2-year-old stepson

A Biloxi man has been given the death penalty after being found guilty of killing his 2-year-old stepson.

Joseph David Heard, 40, and Hailey Leann Heard, 24, were first taken into custody in January 2022 on charges of felony child abuse after the toddler was found unresponsive and later pronounced dead. During the medical examination, it was discovered that the child had been abused with multiple bruises and a broken bone.

The child’s mother, Hailey, admitted to investigators that she tried to cover up Joseph’s abuse by covering the boy’s mouth to muffle his cries. She recalled that Joseph held the boy up by his arms in one hand while repeatedly punching him with the other.

After testifying against Joseph, Hailey had her charge reduced from capital murder to 1st-degree murder, meaning she will serve life in prison. Joseph was found guilty of capital murder and will be executed by the state barring a successful appeal.

(source: supertalk.fm)

LOUISIANA:

Louisiana Supreme Court reconsiders granting new trial for death-row prisoner

With its copious history of misconduct by prosecutors, Louisiana has loomed large in edicts from the U.S. Supreme Court over evidence that must be disclosed to a criminal defendant before trial, and what happens if it isn't.

In one Louisiana case, the high court 29 years ago laid out a standard for when suppressed evidence warrants a new trial. It’s not that the jury would have likely flipped had they seen it, only that added up, its absence shreds confidence in the verdict and a fair trial, the court said in Kyles v. Whitley.

Louisiana’s most famous death penalty prosecutor ripped that landmark ruling this week before the Louisiana Supreme Court, arguing that the ruling had just led Chief Justice John Weimer and three of his colleagues into a bad misfire.

“It’s got judges second-guessing juries,” prosecutor Hugo Holland said of the 1995 ruling. “It is what it is. I’m trying to deal with it. It’s clear I don’t like it.”

Holland then launched into a broadside of the 51-page opinion authored by Weimer in January that granted a new trial to Darrell Robinson, who was convicted and sentenced to death in a 1986 quadruple murder in Rapides Parish.

Monday’s rehearing was the 1st in several years by the state's highest court in a criminal case, and it meant at least one of the four justices who voted to vacate Robinson's conviction and death sentence had second thoughts. Holland said the “mulligan” the court granted him to re-argue the case was justified.

“I think the court had a misunderstanding of the strength of the evidence against Mr. Robinson, particularly the blood evidence,” he said.

The January ruling marked the 1st time the court has reversed a lower court to grant relief to a death row inmate over alleged failures to turn over evidence to the defense, advocates said.

Holland said it was also the 1st time the court embraced a “cumulative” view of withheld evidence under the Kyles standard. The brash, roving death penalty prosecutor argued they picked the wrong case.

'Smoking gun'

He homed in on a few drops of a baby’s blood found on one of Robinson’s shoelaces and the bottom of a shoe after Robinson fled in dramatic fashion from the carnage police soon found inside a home near the town of Poland.

Inside were the bodies of Billy Lambert, 50, who lived there; his sister, Carol Hooper, 54; her daughter, Maureen Kelley, 37; and Kelley's infant son, Nicholas Kelley. All had been fatally shot in the head.

Robinson had moved into the house with Lambert a week earlier. He claimed he came upon the murder scene, stepped briefly near the child’s body, then fled in a spasm of fear. Robinson drove cars off the road in Lambert’s truck. Police found him with Lambert’s knife.

They also found the baby’s blood on his shoe, though photos showed no shoeprints around the child’s body, Holland said. He pointed to testimony from an expert in bloodstain pattern analysis who was hired by Robinson’s post-conviction attorneys. Under cross-examination, the expert didn't dispute Holland’s theory: that the baby bled over any shoeprints.

Holland called it the only logical conclusion, a "smoking gun" that proved Robinson was there for the murders.

“It’s with the strength of this piece of evidence that I would suggest that all of the allegedly withheld evidence must be gauged,” Holland said.

He also said that Weimer had misrepresented testing of blood spatter found on a jacket that was left hanging near the bodies. By Weimer’s account, DNA testing showed human bloodstains, with the victims and Robinson all excluded as the source. That would support Robinson’s theory of an alternate suspect, but Holland said tests of the spatter in question found otherwise. "We don’t know what it is, but we know what it’s not: it’s not human blood, because there’s no human DNA in it,” Holland said.

Holland's theory about the baby's blood never came up at Robinson's capital trial, said his attorney, Matilde Carbia, who described the expert’s testimony as equivocal.

The evidence “does not show the state’s theory is a smoking gun," she said. "Rather, it shows that it’s one of many possibilities for how the blood could have gotten on Mr. Robinson’s shoe or shoelace.”

Divided court

Carbia urged the court to stand pat. One justice, though, suggested a change of heart. Justice Scott Crichton had agreed in January with the decision to toss Robinson’s death sentence, but not his convictions. But on Monday, Crichton suggested his doubts about executing Robinson had been allayed.

“I think I may have misinterpreted the red jacket evidence,” he said.

But the main audience for the rehearing were the three justices who had joined Weimer in granting Robinson a new trial. Justices James Genovese, Piper Griffin and Jefferson Hughes never spoke up during Monday’s debate, however. Hughes attended remotely.

Weimer stood by his finding of a “cumulative” foul by the state that he found worthy of tossing the verdicts, while dissenting Justices Will Crain and Jay McCallum encouraged Holland.

Weimer also pointed to an alleged deal hatched with a jailhouse informant who provided key testimony against Robinson and caught a break on charges afterward. Holland has denied a quid pro quo.

The chief justice clapped back at Holland’s dim view of the long-held U.S. Supreme Court standard.

“Kyles is still the law today and we are governed by its holding,” Weimer said. “Obviously you don’t like the decision in Kyles.”

Holland concurred. When the court will again decide Robinson's fate is unclear.

(source: nola.com)

OHIO:

'Lied to protect himself:' Man found guilty in West Chester quadruple homicide trial

Gurpreet Singh is on trial for the second time in Butler County Common Pleas Court for the killings of 4 family members at his West Chester Township apartment in 2019. A jury was unable to reach a verdict during his last trial in late 2022.

5 people entered a Wyndtree Drive apartment in April 2019 but just one survived.

That’s how prosecutors described the killing of a Sikh family in West Chester Township at the hands of the lone survivor, Gurpreet Singh, who was ultimately found guilty Friday on all four counts of aggravated murder. He now faces the possibility of the death penalty.

After hearing closing arguments Friday morning, a 3-judge panel convicted the 41-year-old Singh in his second capital murder trial in Butler County Common Pleas Court. The judges left the courtroom just after 11:30 a.m. to deliberate and reached a verdict over 2 hours later.

Singh was accused of executing his wife, her parents and her aunt visiting from India. He was previously tried in late 2022, but the jury could not reach a unanimous verdict and a mistrial was declared.

4 people were killed at the Lakefront apartment complex on April 28, 2019:

Shalinderjit Kaur, 39, Singh's wife.

Parmjit Kaur, 62, Singh's mother-in-law.

Amarjit Kaur, 58, Singh's wife's aunt.

Hakiakat Singh Pannag, 59, Singh's father-in-law.

Friday's verdict came as a relief to the victims' family members, who've waited more than 5 years for justice and closure.

"I feel like my mom she was standing next to me saying, 'Thank you,'" Garry Hans, Amarjit Kaur's son, said of hearing the verdict. "It's a good Mother's Day gift for them."

Singh stood motionless between his attorneys as Judge Gregory Howard read the panel's verdict. He's scheduled to appear in court Monday morning for the start of the trial's sentencing phase.

Prosecutors: The killer had to be someone the family trusted

Each of the victims was shot multiple times in the head, with a total of 16 gunshot wounds between them, and there were no defensive wounds, according to Hamilton County Chief Deputy Coroner Dr. Karen Looman.

At trial, prosecutors painted a picture of family relationships strained by money troubles and an expensive affair, saying Singh was the only one with the motive and opportunity to carry out the killings without raising an alarm.

"They were alive until the defendant came home," Assistant Butler County Prosecutor Josh Muennich said.

Prosecutors called 34 witnesses over eight days, including Singh’s ex-mistress, who confirmed Singh gave her $20,000 toward the downpayment of a house in Indianapolis, helped with her mortgage and even bought her a vehicle.

Singh also bought a house on the same street as his mistress, where he planned to move his family, and visited the home with relatives weeks after the killings, according to testimony.

Prosecutors said Singh’s relationship with his father-in-law had grown tense amid Singh's declining finances and repeated demands for money.

"He could not afford the lifestyle he was living," Muennich said.

The apartment building on Wyndtree Drive in West Chester Township where 4 members of Gurpreet Singh's family were shot to death in April 2019. Amrik Tiwana, a member of the local Sikh community and associate of Pannag’s, testified about an early 2019 meeting in which Pannag indicated he was scared and showed bruises he claimed Singh had caused.

Singh’s attorneys said he witnessed his family's deaths at the hands of an unknown shooter. They also pointed to an ongoing legal dispute over the sale of land in India as another possible motive for the killings. Singh did not testify in his defense.

"They're asking you to convict him because someone didn't prove who else did it," Alex Deardorff, one of Singh's attorneys, told the judges. "Gurpreet did not shoot his family."

Singh's attorneys said the dispute over Pannag’s land put his business partners, one of whom faced criminal extradition to the U.S., at risk of losing over $1 million worth of investments.

That’s backed up by Parmjit Kaur’s affidavit seeking to cancel her nephew’s power of attorney status because he received threats and no longer wanted to represent the family. Her travel itinerary also indicated she planned to fly to India just two days after the shooting.

Investigators were able to confirm that neither of Pannag’s former business partners were in the U.S. at the time of the killings, according to Detective Jason Flick. Singh’s attorneys say one of those men had connections in Butler County.

Deardorff also noted damage to the front door's moulding, which was detached from the wall and hanging from the door by a security chain, as evidence of an intruder forcing their way inside.

Prosecutors said there's no evidence the door was damaged from the outside and that the moulding was likely ripped off the wall by Parmjit Kaur as she tried to escape.

Pannag was shot first while lying in bed, followed by his daughter, wife and sister-in-law, according to prosecutors, who said Singh stood over his unconscious wife when he fired the fatal rounds.

Prosecutors said Singh put careful thought into the killings by calling off from work and ensuring his 3 children would be out of the home with family. The killer had to be someone the family trusted, they said.

However, Deardorff said the evidence doesn't single out Singh as the shooter and that he is on trial for 1 simple reason: he lied.

Singh lied to police about his affair and about being home during the incident, with prosecutors pointing to evidence showing he entered the apartment almost 30 minutes before reporting the shooting to 911.

He told detectives during a recorded interview that he’d just arrived home when he found the apartment door open and his family on the floor bleeding and never said anything about being home when his family was killed.

"The truth is the defendant lied to protect himself," Muennich said.

Singh initially cooperated with investigators’ efforts to establish a timeline but grew agitated and tried to leave after being asked to submit to a gunshot residue swab, the video shows.

A photo of a recorded interview Gurpreet Singh gave at the West Chester Police Department after his wife and her family were gunned down inside their apartment.

Police eventually performed the swab after obtaining a search warrant and Singh was found to have gunshot residue on his hands, though that doesn't necessarily mean he fired a gun, according to trial testimony.

Shortly after the shooting, investigators found the murder weapon – a 9mm handgun – submerged in a pond behind Singh’s apartment. The gun’s serial number was pried off and detectives were unable to trace where it was last purchased and by whom.

"This was a pre-planned, carefully calculated and designed assassination of 4 human beings," said Jon Marshall, another prosecutor working the case.

(source: Cincinnati Enquirer)

OKLAHOMA:

Oklahoma judge rules death row inmate incompetent to be executed

An Oklahoma judge has ruled that a death row inmate is incompetent to be executed after the prisoner received mental evaluations by psychologists for both defense attorneys and state prosecutors.

Pittsburg County District Judge Tim Mills wrote Thursday that both psychologists found that Wade Greely Lay, 63, lacks a “rational understanding” of why he is to be executed.

“Given Mr. Lay’s present state of incompetence, the court finds that Mr. Lay may not be executed at this time,” Mills wrote in an order signed by defense attorneys and state and local prosecutors.

Under Oklahoma law, an inmate is mentally incompetent to be executed if they are unable to have a rational understanding of the reason they are being executed or that their execution is imminent.

Defense attorney Callie Heller said the ruling is a relief.

“Wade firmly believes that his execution is part of a wide-ranging government conspiracy aimed at silencing him,” Heller said in a statement.

Mills ordered that Lay undergo mental health treatment in an effort to restore his sanity, which Heller said is unlikely.

“Given the duration and severity of Mr. Lay’s mental illness and his deterioration in recent years, he is unlikely to become competent in the future,” according to Heller.

Heller said prosecutors are expected to seek a formal stay of the execution.

A spokesperson for Attorney General Gentner Drummond did not immediately return phone calls for comment.

Lay, who represented himself at trial, was convicted and sentenced to death for the May 2004 shooting death of a bank guard when he and his then-19-year-old son attempted to rob a Tulsa bank.

His son, Christopher Lay, was sentenced to life without parole for his role in the attempted robbery.

Thursday’s ruling is the 2nd time this year a court has found an Oklahoma death row mentally inmate incompetent to be executed.

In March, a separate judge ruled the state could not execute 61-year-old James Ryder for his role in the 1999 slayings of a mother and her adult son.

In April, Oklahoma executed Michael Dewayne Smith for the 2002 shooting deaths of 2 women.

Smith was the first person executed in Oklahoma this year and the 12th put to death since the state resumed executions in 2021 following a nearly seven-year hiatus resulting from problems with executions in 2014 and 2015.

Drummond, the state attorney general, has asked the Oklahoma Court of Criminal Appeals to set execution dates for five additional condemned inmates starting 90 days after Lay’s planned execution.

(source: Associated Press)

******************

Oklahoma Court Modifies Execution Scheduling Process, Granting Attorney General’s Request to Extend the Interval Between Executions But Choosing to Set Execution Dates Individually

The Oklahoma Court of Criminal Appeals ruled on May 7 to extend the interval between executions to occur approximately 90-days apart, specifying that executions should be scheduled for Thursdays, and that the Department of Corrections must be provided notice at least 35 days in advance. The Court also denied the Attorney General’s motion to set execution dates for groups of prisoners, as has been done in the past, instead choosing to schedule executions individually.

“Attorney General Drummond respects the Court’s ruling and will continue to support the families of victims in every way possible as they await justice for their lost loved ones,” said Phil Bacharach, spokesperson for the Attorney General. AG Drummond had cited the lasting emotional and mental trauma on correctional staff as a reason to extend the execution interval from 60 days to 90 days. Shortly after taking office in January 2023, AG Drummond had previously requested the 30-day execution interval be extended to 60-days, slowing down the pace of the 25 executions that had originally been scheduled in July 2022.

Although the judges were unanimous in their decision to forgo scheduling groups of prisoners for execution, Judge Gary Lumpkin and Judge David Lewis disagreed with extending the interval in between executions. Judge Lumpkin, who had previously told DOC officials to “suck it up” and “man up” during a March hearing, wrote that correctional officials could “meet the challenges placed before them when proper leadership is provided.” In his opinion, he also highlighted that the courts should respect the legislature’s expedited timeline. “Until the Legislature changes the procedures, it is the responsibility of each person involved in that process to perform his or her duties in a timely manner. This is true whether it be judges, prosecutors, or those charged with carrying out the judgement and sentence entered by the citizens who served on the juries in each of these cases,” wrote Judge Lumpkin.

In July 2022, former Attorney General John O’Connor asked the courts to schedule 25 execution dates starting in August 2022 through December 2024. The executions were set to take place in four phases of six executions each, plus an additional 25th execution. Within each phase, the executions were scheduled at four-week intervals, followed by an execution-free month before the start of the next phase. Since then, eight of the 25 executions have been carried out. According to the local news station KOKH, 17 prisoners on Oklahoma death row have exhausted all appeals and are awaiting execution dates.

(source: Death Penalty Information Center)

NEBRASKA:

Nebraska Supreme Court rejects Bailey Boswell’s appeal, upholds murder conviction

The Nebraska Supreme Court on Friday rejected Bailey Boswell’s appeal for the murder of 24-year-old Sydney Loofe and upheld her murder conviction.

Boswell was sentenced in 2021 to life in prison for her role in the 2017 murder of Loofe, just a few months after her co-defendant and boyfriend at the time, Aubrey Trail, was put on death row for the same crimes. Boswell was spared from the death penalty, which would have made her the 1st woman on death row in the state.

In 2017, Trail and Boswell killed a woman they just met and dumped her body. Trail admitted to killing Loofe, saying he and Boswell lured her to his apartment in Wilber to get her involved in their criminal lifestyle. Trail claimed Loofe did not react well and he said he killed her because he was afraid she would inform others about their activities. Trail had earlier said Loofe was killed after a sex act gone wrong.

Evidence showed both Trail and Boswell made a plan to kill Loofe after Boswell met her on a dating app. Loofe disappeared on the 2nd date — and her body parts were found scattered in the countryside near Wilber, Neb.

In Boswell’s direct appeal, she challenged the admission of photographs of Loofe’s dismembered body, arguing the numerous admissions of gruesome photographs were “more prejudicial than probative, and were needlessly cumulative”.

Boswell also argued the evidence entered regarding witchcraft and sex acts was irrelevant and reflected on Boswell’s character, not actions, which she argued isn’t admissible in court.

The Nebraska Supreme Court ultimately found no errors in the district court’s rulings and affirmed Boswell’s convictions and sentences.

(source: KOLN news)

CALIFORNIA:

Jury recommends 2 death sentences for man who killed, robbed 2 San Bernardino women

A Superior Court jury on Friday, May 10, recommended that a registered sex offender get 2 death sentences for murdering and robbing two women in San Bernardino more than a decade ago.

The jury’s decision on Jerome Anthony Rogers, 68, came in a quiet courtroom after a 2-month trial in San Bernardino during which he was convicted. Rogers had pleaded not guilty to all charges.

Judge J. David Mazurek can accept the jury’s recommendation or impose life without parole. Sentencing was set for July 19.

Rogers was a neighborhood handyman accused of killing Wanda Lee Paulin, 86, on Dec. 12, 2010, on North Mountain View Avenue, and Mary Beth Blaskey, 76, at her Fremontia Drive home on Nov. 14, 2012.

Rogers was convicted on April 23 of 2 counts of murder and 1 count of sexual penetration by force. The jury found true the special circumstances allegations that made Rogers eligible for the death penalty: committing a robbery during a murder, being convicted of multiple murders, and inflicting torture during a murder.

Rogers was charged in 2013 in the death and sexual assault of Blaskey, a retired clerk and secretary for the San Bernardino City Unified School District.

Her home had been ransacked, and her 2001 Lexus was missing. Some other items believed to have been taken from her home were found in a residence where Rogers was sleeping.

Rogers was linked to the crime by DNA evidence.

While Rogers was in jail, he was also tied to Paulin’s slaying through DNA evidence, a police spokesman said at the time. A second case was filed in January 2015, which incorporated the previous charges tied to the Blaskey homicide.

Paulin had been the bookkeeper at First Presbyterian Church in San Bernardino – which Blaskey attended – for 20 years. Paulin’s home was ransacked, and rings were taken from her fingers.

Tipsters saw Rogers with items in December 2012 that they felt were out of place for him, and police began investigating him, officials said at the time.

(source: San Bernardino Sun)

*******************

2 defendants in slaying of 6 in El Mirage face death penalty

San Bernardino County District Attorney Jason Anderson plans to seek the death penalty against 2 of the 5 men charged with murdering and robbing 6 people who were shot to death, officials said, during a marijuana buy in a remote desert location northwest of Victorville in January.

The notice was made in the minutes of a hearing in Superior Court in Victorville on Thursday, May 9.

Jose Manuel Burgos Parra, 26, of Adelanto, and Jose Nicolas Hernandez-Sarabia, 33, of Adelanto, face the death penalty if convicted as charged.

The minutes said the district attorney will pursue life in prison without parole for Toniel Baez-Duarte, 34, and Mateo Baez-Duarte, 24, of Apple Valley, and Jose Gregorio Hernandez-Sarabia, 34, of Adelanto, if convicted as charged.

The men have pleaded not guilty to all of their charges.

The DA’s Office on Friday, May 10, would not explain what prompted it to seek capital punishment for the 2 men and not the others.

“At this time, based on the evidence obtained, we believe we are seeking the appropriate punishments,” said Jacquelyn Rodriguez, a DA’s spokeswoman.

Both Burgos Parra and Nicolas Hernandez-Sarabia, who face death, have been charged with 6 counts of murder, each with 3 sentencing enhancements for firearms violations, and 6 counts of 2nd-degree robbery, each with 3 enhancements for firearms violations.

But Mateo Baez-Duarte and Gregorio Hernandez-Sarabia have been charged with the same counts and face life without parole if convicted as charged.

Toniel Baez-Duarte has been charged with 6 counts of murder and 6 counts of 2nd-degree robbery with no enhancements. The DA is seeking life without parole for him.

On Jan. 23, a 911 call from a man who said he had been shot drew law enforcement to a dusty area known as El Mirage about 4 miles west of Highway 395 near Shadow Mountain Road. Deputies immediately found five victims. The 6th, the 911 caller, was found the next day nearby.

All 6 suffered fatal gunshots, while 4 were also set ablaze by their attackers, the Sheriff’s Department said.

The victims were identified as Baldemar Mondragon-Albarran, 34, of Adelanto; Franklin Noel Bonilla, 22, and Kevin Dariel Bonilla, 25, of Hesperia; Narcisco Sandoval, 47, of San Rafael; Jose Ruelas-Calderon, 45, of El Mirage; and Adrian Ochoa-Salgado, 34, of Llano.

The next hearing is scheduled for Aug. 9.

(source: redlandsdailyfacts.com)

****************

Oklahoma Court Modifies Execution Scheduling Process, Granting Attorney General’s Request to Extend the Interval Between Executions But Choosing to Set Execution Dates Individually

The Oklahoma Court of Criminal Appeals ruled on May 7 to extend the interval between executions to occur approximately 90-days apart, specifying that executions should be scheduled for Thursdays, and that the Department of Corrections must be provided notice at least 35 days in advance. The Court also denied the Attorney General’s motion to set execution dates for groups of prisoners, as has been done in the past, instead choosing to schedule executions individually.

“Attorney General Drummond respects the Court’s ruling and will continue to support the families of victims in every way possible as they await justice for their lost loved ones,” said Phil Bacharach, spokesperson for the Attorney General. AG Drummond had cited the lasting emotional and mental trauma on correctional staff as a reason to extend the execution interval from 60 days to 90 days. Shortly after taking office in January 2023, AG Drummond had previously requested the 30-day execution interval be extended to 60-days, slowing down the pace of the 25 executions that had originally been scheduled in July 2022.

Although the judges were unanimous in their decision to forgo scheduling groups of prisoners for execution, Judge Gary Lumpkin and Judge David Lewis disagreed with extending the interval in between executions. Judge Lumpkin, who had previously told DOC officials to “suck it up” and “man up” during a March hearing, wrote that correctional officials could “meet the challenges placed before them when proper leadership is provided.” In his opinion, he also highlighted that the courts should respect the legislature’s expedited timeline. “Until the Legislature changes the procedures, it is the responsibility of each person involved in that process to perform his or her duties in a timely manner. This is true whether it be judges, prosecutors, or those charged with carrying out the judgement and sentence entered by the citizens who served on the juries in each of these cases,” wrote Judge Lumpkin.

In July 2022, former Attorney General John O’Connor asked the courts to schedule 25 execution dates starting in August 2022 through December 2024. The executions were set to take place in four phases of six executions each, plus an additional 25th execution. Within each phase, the executions were scheduled at 4-week intervals, followed by an execution-free month before the start of the next phase. Since then, eight of the 25 executions have been carried out. According to the local news station KOKH, 17 prisoners on Oklahoma death row have exhausted all appeals and are awaiting execution dates.

(source: Death Penalty Information Center)

ARIZONA:

Will prosecutors seek the death penalty in Preston Lord case?

All 7 defendants in the Preston Lord case were charged with murder but prosecutors have 2 months to decide if they will seek the death penalty. The clock starts after the arraignment. All 7 have pleaded not guilty.

(source: azfamily.com)

USA:

Death Penalty States Beware: Nitrogen Hypoxia Is Not the Solution to America’s Long History of Inhumane Executions

On May 8, Alabama’s Republican Governor Kay Ivey set a date for the state’s 2nd execution by nitrogen hypoxia. Her office announced that Alan Eugene Miller would be put to death sometime within 30 hours after 12:00 a.m. on Thursday, September 26, 2024.

The governor’s action followed a decision by the Alabama Supreme Court granting the state attorney general’s request for permission to set Miller’s execution date. Miller was convicted and sentenced to death in July 2000 for killing three men in a workplace shooting.

If Alabama goes forward with its plan, it will be Miller’s 2nd trip to the execution chamber. His 1st trip, in September 2022, produced a gruesome spectacle.

As The Atlantic’s Elizabeth Bruenig describes that spectacle, for 90 minutes the execution team tried to find a usable vein to insert an IV. They “stared at, stroked, and punctured … [Miller’s] skin … —even producing a pocket flashlight to try to detect a vein visually…. Every puncture evidently failed…. Eventually, one of the men began to tap on the veins of Miller’s neck.”

“Miller recoiled sharply,” Bruenig notes, “Though the state’s protocol permits an execution team to set a central line—a venous catheter often set in the neck or groin—in the event that venous access cannot be established normally….”

The state only gave up when the time set for the execution expired. In November 2022, the state agreed that it would not use that execution method in any subsequent effort to put Miller to death.

Between then and now, Alabama carried out the 1st nitrogen hypoxia execution in this nation’s history, and other states now are considering following Alabama’s example. Yet they are pursuing a fool’s errand. Nitrogen hypoxia will neither end America’s long history of problems in the execution chamber nor ensure that when the state kills, it does so humanely.

Before looking at what other states are doing, let’s recall what happened the 1st time Alabama used nitrogen hypoxia. That effort, like the 1st use of other execution methods, did not go as planned. Despite promises that nitrogen would kill quickly and painlessly, media witnesses to the January execution of Kenneth Eugene Smith suggest it was anything but quick and painless.

Marty Roney of the Montgomery Advertiser reported that “Kenneth Eugene Smith appeared to convulse and shake vigorously for about four minutes after the nitrogen gas apparently began flowing through his full-face mask in Alabama’s death chamber was another 2 to 3 minutes before he appeared to lose consciousness all while gasping for air to the extent that the gurney showed several times.”

Kim Chandler of the Associated Press said that “the execution took about 22 minutes from the time between the opening and closing of the curtains to the viewing room. Smith appeared to remain conscious for several minutes. For at least 2 minutes, he appeared to shake and ride on the gurney, sometimes pulling sometimes pulling against the restraints. That was followed by several minutes of heavy breathing, until breathing was no longer perceptible.”

On the other hand, Alabama Attorney General Steve Marshall insisted that the Smith execution was a “textbook” outcome. He said nitrogen hypoxia “is no longer an untested method—it is a proven one.”

Marshall promised, “We’ll definitely have more nitrogen hypoxia executions in Alabama.” And he offered to help other states interested in adopting it.

At the time Alabama killed Smith, 2 other states (Mississippi and Oklahoma) also authorized nitrogen hypoxia as an execution method. Since Smith’s death, Louisiana has followed suit, while Nebraska and Ohio are considering legislation to add nitrogen to their menu of execution techniques.

In March, Louisiana Governor Jeff Landry signed into law a bill adding both electrocution and nitrogen hypoxia as execution methods, starting on July 1, 2024. At the time that legislation was first introduced, Landry alluded to Alabama’s use of nitrogen hypoxia and noted that “States around us are finding ways and methods in order to execute those who have been tried, and convicted, and sentenced to death.”

According to NBC News, “[D]ebate over the new death penalty bill … drew both support from loved ones of murder victims and pushback against capital punishment from justice reform advocates questioning the novel method of nitrogen hypoxia.” And a group of Jewish citizens of Louisiana said, “We find the use of any form of gas for state executions a violation of our ethical principles and of Judaism’s deep commitment to innate human dignity.”

Last month, the Jews Against Gassing Coalition, an organization that opposes state-sanctioned gas executions, helped persuade the Louisiana Senate Judiciary Committee to advance a bill that would undo Louisiana’s embrace of nitrogen hypoxia. As that organization explained, “[F]or Jewish people, and really anyone with knowledge of the Holocaust, the historical association with this execution method is chilling and undeniable, eliciting a visceral response that evokes not justice, your goal, but genocide.”

Despite such objections, Nebraska State Senator Loren Lippincott and 17 of his colleagues have sponsored legislation permitting nitrogen hypoxia to be used in that state.

Lippincott says he hopes that that method would enable the state to resume executions, which have been paused since 2018 because it can’t obtain lethal injection drugs.

Lippincott cited “the outcome of the Alabama case” as evidence that nitrogen hypoxia could be used “humanely give justice to victims’ families and our community.”

The AP reports that the Nebraska senator is “certain a death by nitrogen hypoxia would be painless. A former Air Force and Delta Airlines pilot, Lippincott said he experienced altitude hypoxia simulation as part of his training, and he recalled it to be a painless experience. ‘For me, it was a sensation of being sleepy and a warm feeling. Basically, you just go to sleep.’”

Finally, in April, the Ohio House of Representatives began considering legislation to bring nitrogen hypoxia to that state. Proponents cited the fact that inmates in Alabama had requested to be put to death by that method and lawyers who argued that it is “humane” and “completely painless.”

The inclusion of nitrogen hypoxia, proponents argue, would break the logjam on Ohio executions, given the difficulties with lethal injection drugs. “In our view nitrogen hypoxia is a plan B,” one of them explained. “It is a set of suspenders to go along with the belt. It would be preferable to continue using lethal injection, but we need to do something.”

In Ohio, nitrogen hypoxia’s proponents also point to Alabama’s “success” in using it. They dismiss criticism of Smith’s execution as just a ploy by “death penalty abolitionists speaking in sensational terms.”

Like their legislative colleagues in Louisiana and Nebraska, sponsors of the Ohio legislation insist that nitrogen hypoxia would be “humane” on its own terms and, as one put it, “far more humane than the methods … killers use on their victims.”

These claims about nitrogen hypoxia have a familiar ring to them. Over the past century and a quarter, we have heard similar claims made about other “innovative” execution methods, first electrocution, then the gas chamber, and, finally, lethal injection.

None has lived up to its billing. And there is no reason to think that nitrogen hypoxia will do any better.

As Dr. Joel Zivot, an associate professor of anesthesiology at Emory School of Medicine, rightly observes, nitrogen hypoxia is just a fancy word for “asphyxiation.” In truth, Zivot observes, “It’s the gas chamber strapped to your face.”

(source: Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. ----verdict.justia.com)

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2 Sides of the Same Coin: the Carceral State from Guantánamo Bay to Death Row----After September 11, 2001, the federal government saw an opportunity to legalize torture in a way that targeted another BIPOC community, and legitimized what it already does to its own citizens.

"Ron DeSantis... witnessed the torture, he was at Guantánamo during one of the worst years there. Yet, when he left Guantánamo, he became a leader. He became the leading voice against closure of Guantánamo. Now he is running for the presidency. Imagine that. You know, that man, with his beliefs, with his views.. .he's going to create Guantánamo within the United States."—Mansoor Adayfi, former detainee #441

The Guantánamo Bay detention facility in Cuba is often viewed as an anomaly of the way America treats people in confinement. This assumes that those incarcerated in state and federal prisons receive decent, just treatment, and that Guantánamo is the worst the U.S. has to offer. This is true, in part, but leaves out the larger fact that Guantánamo was spawned from the U.S. carceral state.

After September 11, 2001, the federal government saw an opportunity to legalize torture in a way that targeted another BIPOC community, and legitimized what it already does to its own citizens. Sometimes the hardest truths are also the cruelest: Guantánamo and U.S. prisons are two sides of the same coin.

One by one, hands bound behind their backs, the detainees were marched beyond the confines of the detention center, until the facility's lights shone in the dark from a distance. They were made to kneel in the dirt, the soldiers that brought them to the remote location standing behind, rifles leveled as if waiting for the command to open fire. In the silence, the men on their knees wept. Some begged for their lives. Others prayed a final prayer. It was an excruciating several minutes. The order never came. It had been a mock execution meant to intimidate and terrorize and torture.

The Convention Against torture and Other Cruel and Inhuman or Degrading Treatment or Punishment (CAT Convention) defines torture as any act that intentionally inflicts mental or physical pain or suffering to obtain information or a confession, punishes an individual or third party for an act they committed or are suspected of committing, or intimidates and coerces for any reason based on discrimination, all of which occurs with the consent or at the direction of a public official or someone acting in an official capacity.

What Adayfi may not have known is that what happened at Guantánamo is rooted in the U.S. carceral state, its devolved standard of decency and exceptional brutality—a pattern and practice carried out on its own citizens in a form of class warfare.

As a signatory of the United Nations and Geneva Convention, the U.S. government should be familiar with the CAT Convention. Indeed, for other countries to join the U.N., they cannot, for example, violate human rights. However, where the use of torture and capital punishment are concerned, America holds other countries to high democratic ideals, yet cannot seem to abide by those same standards. According to Joseph Pugliese, professor of cultural studies at Macquarie University, torture is a "normative practice" in the operation of U.S. interests, through an application of its laws both domestically and abroad.

The detention facility at Guantánamo Bay Naval Base, Cuba, was established in that precise location to deny those confined there meaningful access to the U.S. legal system, constitutional rights, and other processes bound by the international laws of war. The U.S. government confined 780 Muslim men and boys, from 45 different countries, without charges, not as prisoners owed a certain level of human dignity, but as "enemy combatants" who could be dehumanized and tortured under the false flags of "patriotism" and "justice."

Former Guantánamo Bay detainee No. 44, Mansoor Adayfi, was kidnapped by an Afghan warlord and trafficked to the U.S at the age of 19. Adayfi spent 14 years at Guantánamo being beaten, degraded, tortured, and interrogated as an alleged "enemy combatant" before it was determined he was no longer a threat to U.S. security interests and could be released. In his memoir, Don't Forget Us Here, Adayfi asks readers to imagine a reality where American boys, 18 years old or younger, were imprisoned without charges, tortured, punished, and experimented on, and forced to live in solitary confinement for years, if not decades.

What Adayfi may not have known is that what happened at Guantánamo is rooted in the U.S. carceral state, its devolved standard of decency and exceptional brutality—a pattern and practice carried out on its own citizens in a form of class warfare. Some glaring evidence of this link (among the innumerable statistics and cases of institutional brutality) between Guantánamo and the U.S. carceral state is that of Abu Ghraib.

In 2004, U.S. Army reservists guarded Iraqi POWs at Abu Ghraib prison in Iraq. It would eventually be discovered that, alongside some of the most iconic images from the U.S. war in Iraq, the Army reservists responsible for watching the POWs were instead beating, degrading, sexually humiliating, and torturing them. It would also be revealed that the responsible parties, prior to their duty assignment in Iraq, were correctional officers in state prison systems.

The human rights abuses at Abu Ghraib and Guantánamo are, to varying degrees, routine in U.S. prisons: Rape and sexual assaults committed by staff on prisoners, daily physical assaults on people who have spent years in solitary confinement, women forced to give birth while shackled to a hospital bed, brutal cell extractions, unnecessary body cavity searches in women's prisons, and much more. Mental and physical torture, and systemic dehumanizing treatment, are endemic to both state and federal prisons.

"American Citizens will end up one day, being detained indefinitely, tortured, abused, and have no rights. Because if they managed to do it outside, it's on the inside too."—Mansoor Adayfi

While a lack of charges, CIA involvement, and their status as foreign nationals distinguish the individuals held at Guantánamo, Abu Ghraib, and CIA black sites around the world from those who have been convicted of crimes and sentenced as punishment in U.S. prison systems, conditions of confinement are indeed similar. So too are efforts to ignore or otherwise circumvent due process rights, meaningful access to federal court oversight, and the right to be free from cruel or unusual punishments.

In 4 separate rulings, the U.S. Supreme Court limited the federal government's ability to detain non- U.S. citizens beyond the reach of constitutional protections and international law:

In Rasul v. Bush (2004), the court held that the "complete jurisdiction and control" maintained by the federal government at the Guantánamo Bay detention facility activated the prisoners' right to challenge their confinement in federal court.

In Hamdi v. Rumsfeld (2004), the court held that the Guantánamo prisoners have a right to "notice of the factual basis for their classification [as an enemy combatants] and a fair opportunity to rebut the Government's factual assertions before a neutral decision-maker."

In Hamden v. Rumsfeld (2006), the court held the executive branch's power to detain "enemy combatant" is limited by congressional war powers, which are restricted by international law. The Bush administration's system for trying the detainees was unauthorized under federal law and the Geneva Convention.

In Boumediene v. Bush (2008), the court held that Guantánamo prisoners have the right to challenge their confinement in federal court by filing a writ of habeas corpus. The ruling in Boumediene was necessary because Congress and the Bush administration sought to go around the court's rulings in Rasul, Hamdi, and Hamden, and keep the federal courts out of Guantánamo by suspending the writ of habeas corpus. This was an extension of the belief that the incarcerated do not deserve a review of the circumstances around their confinement, a belief that predates 9/11.

This logic—extend the punishment but not the protection—is used in virtually every criminal case brought against America's underclass or those deemed unworthy of protection or mercy.

A writ of habeas corpus is used to bring a prisoner before a federal court to ensure that person's confinement is not illegal. The original intent of the habeas petition is drawn from the English Habeas Corpus Act, and is equal to the importance of the Magna Carta, the Petition of Rights, and the Bill of Rights. Just as the Habeas Corpus Act protected English liberty, the American habeas petition is a constitutional guarantee of personal liberty. Viewed another way, the habeas petition is a judicial check against government overreach and a protection of the right of any person under U.S. control to be free from wrongful imprisonment. Efforts to undermine, curtail, or otherwise block access to the federal courts through a habeas petition signal naked power grabs by the government and a weakening of the judiciary's independence.

In theory, filing a habeas petition to the federal court of jurisdiction to challenge one's imprisonment as unconstitutional should be a straightforward process. This assumes knowledge of procedural rules, possession of documents that prove the claim, and at a minimum a clear understanding of the charges. The Guantánamo detainees were completely isolated and without knowledge about the formal charges. They were not arraigned, indicted, or given attorneys. They did not even have so much as pen and paper for the first three years of their confinement. Guantánamo was a "black hole" where virtually all information was "classified," "secret," or a national security matter. It would not be until 2004 that attorneys from the Center for Constitutional Rights mounted habeas challenges on behalf of the detainees. Even then, their efforts faced numerous obstacles and government resistance seeking to block access to the federal courts.

U.S. prisoners do not have unfettered access to federal court review of lower court decisions. Rather than classified Military Commission hearings and special designations as "enemy combatants," prisoners in state and federal prisons have to contend with the procedural kudzu of the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA).

AEDPA gutted the federal judiciary's ability to hear and redress constitutional violations that have been overlooked or ignored by state courts. The expressed congressional intent of AEDPA was to reduce the delays in capital post-conviction appeals by imposing strict time and evidentiary constraints on habeas petitions. And though the law may have initially increased executions nationwide, a decade later they returned to pre-AEDPA levels. The unexpressed, and more diabolical, intent of AEDPA changed the way all criminal cases were reviewed by federal courts, making it so the court would not disturb a conviction or sentence unless it was so unconstitutional as to shock the conscience, rendering habeas review worthless to most criminal defendants.

As Guantánamo detainees fought for access to a legitimate court reviewing their confinement, prisoners in the U.S. likewise struggled to attain that same federal judicial oversight. The weakening of the habeas petition had been a longtime goal of conservatives, years before AEDPA. This is critical to understanding the dissent of the conservative justices in Rasul, Hamdi, Hamden, and Boumediene, and how their ideology manifests in constitutional challenges of the death penalty. In these cases the court held that Guantánamo prisoners, or anyone under complete U.S. control in confinement, have a right to file habeas petitions in federal court. The dissent, however, sided with the Bush administration and Republican-controlled Congress: "Enemy combatants" do not deserve constitutional rights.

This logic—extend the punishment but not the protection—is used in virtually every criminal case brought against America's underclass or those deemed unworthy of protection or mercy. Then, to obscure their intent, the narratives around crime and terrorism are threaded with misinformation and appeals to patriotism.

"They constructed their own language" said Mansoor Adayfi. "They said, 'Well, they are detainees, not prisoners. It is rendition, not torture. They are not being tortured. It's enhanced interrogation.'"

Euphemistic language or "doublespeak" is common to most government narratives. It enables the worst human rights violations with little understanding by the average citizen what is actually being said or done in their name. This is how threats to safety were used to pass laws that created mass incarceration, widespread surveillance in the wake of 9/11, and the continued use of the death penalty in America despite its absence in most democratic nations throughout the world. "Justice" for the victims of 9/11 and other crimes is a co-opted word that not only diminishes constitutional protections for the very people who need it the most, it allows for human experimentation, torture, and state-sanctioned murder.

In Glossip v. Gross, the U.S. Supreme Court split along ideological lines and, in a conservative majority opinion, held Oklahoma's three-drug lethal injection protocol did not violate the Eighth Amendment. Glossip was about more than whether Oklahoma's lethal injection was constitutional; it became a pivotal case in the fundamental constitutionality of capital punishment. Simply put, because the conservative justices held a majority on the court, they denied the death penalty could ever be unconstitutional because it is mentioned in the U.S. Constitution.

Writing for the majority, Justice Samuel Alito affirmed the lower court's rejection of the defendant's argument that Oklahoma's lethal injection violated their Eighth Amendment right to be free from cruel and unusual punishment. Alito also held that the prisoners failed to provide an alternative method of execution that "entails less risk of pain." This single statement is responsible for opening the door for states to use other methods of execution, not just the lethal injection. Alito has defended the death penalty in previous cases. In Glossip, he continued that trend: "The death penalty was an accepted punishment at the adoption of the Constitution and the Bill of Rights." The irony of the statement, using the Bill of Rights to ignore the inherent cruelty of the lethal injection, was apparently lost on the justice.

The people who pursue, sanction, and order this brand of "justice," the torture and murder of incapacitated human beings, are seldom around when it is carried out.

Justice Antonin Scalia, in his concurring opinion for Glossip, contended that the Eighth Amendment "was understood to bar only those punishments that added 'terror, pain, and disgrace' to an otherwise permissible capital sentence." Terror, pain, and disgrace are in fact the purpose of capital punishment. If any of the justices who so vigorously defend the use of the death penalty were to be required to witness it in action, if they had a shred of humanity they would not defend it, or the various methods for carrying out an execution, much longer. Especially if they saw a botched execution.

In November, 2022, Kenny Eugene Smith survived Alabama's first attempt to execute him. For over an hour and a half, Smith was tortured as his executioners repeatedly tried and failed to insert IVs in his body for the lethal injection. The Rev. Dr. Jeff Hood was Smith's spiritual adviser and ultimately became his best friend in the final moments of his life. In a phone interview, Dr. Hood described some of what Smith experienced in the aftermath of the botched execution:

Kenny compared it to being under a sewing machine, one where the needle punctured deep over and over again. Then, after it was over, it became a mental image that gave him nightmares and terrified his every waking thought. A mental sewing machine constantly stabbIng into his mind. Smith was driven insane by the botched execution, not just with nightmares, but pervasive anxiety, PTSD, and numerous other diagnoses. Short of being a comatose zombie, doctors could not give Smith enough meds to make him forget. It was a brutal choice: Be sober enough to function socially and suffer images of hypodermic needles perforating his flesh, or ingest all they could give him, still suffer, and be unable to communicate with his wife, friends, and family in his remaining time on Earth. He chose the former.

To underscore the excruciating nature of Smith's botched execution, the minister who was there in 2022 disappeared, not wanting anything to do with executions or be reminded of them by maintaining contact with Kenny Smith. The minister had been traumatized by what he saw.

It bears mentioning that Kenny Smith was not sentenced to death by a jury of his peers; they actually recommended life imprisonment. But the trial judge took matters into his own hands and sentenced Smith to death. The judge's order was the cold calculation of premeditated murder, a morally bankrupt decision that mocked the word "justice."

As the months passed, Smith, Dr. Hood, and Smith's family and friends talked about the fear of yet another execution date. It was one thing to talk about, though, said Dr. Hood, but another to realize with increasing horror and monumental disappointment in humanity that the U.S Supreme Court refused to even review Kenny Smith's emergency appeal for a stay of execution using the novel execution method of nitrogen hypoxia. Only the court's liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—were willing to hear the appeal, but it takes four justices, and none of the conservative justices were interested.

Though not in the execution chamber like Dr. Hood, independent journalist Lee Hedgepeth attended Smith's execution and Alabama's first use of nitrogen hypoxia. Hedgepeth writes that Kenneth Smith reacted immediately to being gassed: "He began thrashing against the straps, his whole body and head violently jerking back and forth for several minutes."

"Soon for around a minute, Smith appeared heaving and retching inside the mask," Hedgepeth continued. Ten minutes later, despite the steady flow of nitrogen gas, Smith made his final visible efforts to live.

After this grotesque display of State government power over its citizenry, Alabama Attorney General Steve Marshall advertised the revitalized gassing of undesirables: "Alabama has done it, and now so can you." The AG did not attend Smith's execution. Neither did the judge who sentenced Smith to death or the district attorney who pursued the capital sentence. In fact the people who pursue, sanction, and order this brand of "justice," the torture and murder of incapacitated human beings, are seldom around when it is carried out. This is by design, and makes it easier for them to sleep at night, secure in their power and false morality.

"People should have to engage with the punishments they want to inflict on others. Whether that's the judge, jury, prosecutor, or whoever... Part of me thinks they should be forced to carry it out. The process has become too sanitized, the public too disconnected from what the death penalty is: the premeditated murder of another human being."—Rev. Dr. Jeff Hood

Five Muslim men accused of conspiring in the September 11 2001 terrorist attacks have yet to go to trial because of numerous pretrial proceedings at Guantánamo that have lasted over a decade. Military prosecutors made an offer in March 2022 that would spare the prisoners a death sentence if they admitted their alleged roles in 9/11. Defense attorneys of the detainees said their clients wanted certain "accommodations": treatment from a civilian-run program for ongoing health problems they suffer as a result of the torture they experienced, assurances they would not serve their sentence in solitary confinement, and the ability to eat and pray in a communal setting.

Some of the relatives of the nearly 3,000 victims want a trial with the prospect of the prisoners being sentenced to death. Others are "outraged" with the possibility of plea deals, calling for "justice" not "closure." Still other families want the plea agreements to end the indefinite detention at Guantánamo.

Elizabeth L. Miller lost her father Douglas C. Miller, a firefighter who gave his life on 9/11. At the age of 11, Miller wrote to then-President George W. Bush and, along with her classmates who signed with her, begged him to end the wars in Iraq and Afghanistan: "We should be the good country, the peaceful country, but we're not" As a college student, Miller spoke at a 9/11 anniversary event, calling for peace and forgiveness, reminding the attendees the attacks were the actions of a few, not the many. Her family was not invited back. Later, Miller would go on to learn more about the Middle East and wars in Iraq and Afghanistan, and how Guantánamo was used to confine and torture hundreds of people without charges or attorneys:

I learned how other [detainees], including the five men who would later be charged with planning and supporting the 9/11 attacks, were tortured at CIA black sites in foreign countries. All of this was done in the name of justice for the victims like my father. But I felt the United State had abandoned its commitment to human rights and the rule of law. I was ashamed.

President Joe Biden rejected the plea agreements offered to the 5 men at Guantánamo, declining to "accept the terms" in the United States v. Mohammed, et al. Although Biden placed a moratorium on federal executions after his predecessor executed 12 people in less than a year, this has not stopped federal prosecutors from pursuing capital sentences, nor does it provide more than a fever dream that any elected official with the power to do so has the political will to end the American republic's love affair with punishment sans mercy.

If there is to be a more just society, a United States that closes the Guantánamo Bay detention facility and ends mass incarceration and punishments like those suffered by Kenny Smith, it requires public accountability. Not just accountability for the vindictive, bloodthirsty elected officials calling for the deaths of other human beings, or those who misinform and stir angry mobs with appeals to nationalism. Rather, accountability for anyone who can claim imprisonment and death are a form of "justice," but will never face the person they consign to that fate, or witness the horror of their life thrashing against the straps of a gurney as it is extinguished. Accountability, the sort called upon by those demanding law, order, safety, and justice, is a coin with 2 sides, and no room for hypocrisy.

(source: Lyle C. May, commondreams.org)

SINGAPORE:

Court of Appeal overturns man’s death sentence, cites prosecution’s inconsistent case

The Court of Appeal has overturned the conviction of a 63-year-old man who had been sentenced to death for heroin trafficking because the prosecution had run an inconsistent case during his trial regarding when the drugs were delivered to him.

In a written judgment delivered by Chief Justice Sundaresh Menon on May 8, the court said the evidence did not support a finding being made beyond a reasonable doubt on when exactly the two bundles of heroin were delivered to Mohamed Mubin Abdul Rahman.

“Given the manner in which the prosecution conducted its case in the court below, the provenance of the 2 bundles was a material issue and, on this issue, we are satisfied that a reasonable doubt exists,” said the court.

The case was adjourned for the prosecution and the defence to file further submissions within 4 weeks on whether an acquittal should follow or whether a retrial should be ordered.

The 3-judge court also told the parties to submit on whether, in the event an acquittal is granted, any altered charges should be brought against Mubin in the light of his admission that he had obtained methamphetamine from his supplier on multiple occasions.

The court said the need to ensure procedural fairness in criminal proceedings meant that it is generally incumbent on the prosecution to put forward a consistent case.

This is so that the accused person knows the case that he has to meet, and to ensure that an accused person is not prejudiced by any change in the prosecution’s case, said the court.

Mubin and his younger brother, Lokman Abdul Rahman, 59, were jointly tried before a High Court judge for drug trafficking.

Lokman was arrested on the night of Sept 8, 2015, by Central Narcotics Bureau officers on the ground floor of a condominium in Katong.

He had a black bag with him which contained two bundles of granular substances containing not less than 39.28g of heroin. More drugs were found in a unit at the condo, which was rented by Mubin.

When Mubin was eventually arrested on Oct 5, 2015, he had 2 packets of methamphetamine, 3 packets of heroin, some empty sachets, and a weighing scale with him.

The prosecution’s case against Mubin was that he had directed Lokman to collect the 2 bundles from the condo unit, and then deliver one bundle to someone named “Edy” and the other to Mubin.

The prosecution contended that Mubin had received the 2 bundles of heroin from his Malaysian suppliers, Mohd Zaini Zainutdin and Mohd Noor Ismail.

Lokman admitted that he was aware that the 2 bundles contained heroin.

His only defence was that he had acted as a courier by working for Mubin, in exchange for a supply of drugs and some money.

But Mubin contradicted his brother’s defence. He denied that he had directed Lokman, and claimed that he had nothing to do with the drugs found on his brother or in the condo.

He said he consumed methamphetamine, commonly known as Ice, and that it was the only drug Zaini supplied him.

At the end of the trial, which was held between January 2019 and February 2020, Mubin was sentenced to death, while Lokman was given life imprisonment because the judge accepted that he was just a courier.

The trial judge found that Mubin’s suppliers had delivered various drugs to him on Sept 1, Sept 5 and Sept 7, 2015.

She concluded that the 2 bundles which were seized from Lokman were delivered on Sept 5, 2015.

The trial judge concluded that it was Mubin, rather than Lokman, who had ordered the drugs and coordinated the deliveries.

At Mubin’s appeal, his lawyers, Mr Eugene Thuraisingam and Mr Johannes Hadi, argued that prejudice was caused to him because the prosecution had changed its case at the trial regarding when the bundles were delivered to him.

In its judgment, the Court of Appeal said the prosecution had shifted its position in relation to an important aspect of its case.

Zaini had testified that he delivered 2 bundles of heroin on Sept 5, and 2 bundles of methamphetamine on Sept 7.

The court said the prosecution did not challenge this, meaning its position was that the heroin was delivered on Sept 5.

Lokman then testified that 2 bundles of heroin were delivered to Mubin on both Sept 5 and Sept 7. But he said those delivered on Sept 5 had either been unwrapped or disposed of.

When Mubin took the stand, the prosecution’s position shifted to a broader case that the bundles were delivered in the 1st week of September.

Then, in its closing submissions for the trial, the prosecution accepted Zaini’s version of events on the one hand, and on the other, contended that it was irrelevant which date specifically the two bundles were delivered.

(source: straitstimes.com)

INDIA:

Death Sentence: Andhra Pradesh High Court Commutes Death Sentence of 'Munna Gang' to Life

(see: https://timesofindia.indiatimes.com/city/vijayawada/andhra-pradesh-high-court-commutes-death-sentence-of-munna-gang-to-life/articleshow/110023415.cms)

CHINA:

Senior Provincial Official Gets Suspended Death Sentence for Taking $26 Million in Bribes

Sun Yuanliang, former vice chairman of Liaoning province’s top political consultative body, has been handed a suspended death sentence for accepting over 187 million yuan ($25.8 million) in bribes.

The sentencing was announced Thursday by Chengde Intermediate People’s Court in North China’s Hebei province. It found Sun abused his power in various positions he held between 1997 and 2022 and used his influence from previous official posts to help others in matters including land requisitions, bank loans and career promotions.

(source: caixinglobal.com)

NIGERIA:

Lawyers differ on death penalty for drug peddlers

Some legal practitioners have expressed different opinions on the debate over the bill recently passed into law by the Senate.

While some of them urged called on President Bola Tinubu not to assent to the National Drug Law Enforcement Agency Act (Amendment Bill) 2024 passed by the Senate, others expressed the need for the President to sign it into law.

The bill passed on Thursday prescribed the death penalty for persons found guilty of trading hard drugs and narcotics.

Some of the lawyers, who spoke with Saturday PUNCH on Friday expressed their rejection of the bill and insisted that the death penalty was not a solution to drug trafficking and other drug-related offences in the country.

A former Chairman of the NBA, Jos Branch, Tob Kekemeke, who described the bill as cheap and out of fashion, said the death penalty should be reserved for those who stole public funds and engaged in other economic sabotage.

Kekemeke said, “As a lawyer, I’m against it (death penalty). This does not translate that we are lending our support to those who are trafficking in drugs. What we are saying is that the death penalty is not a solution to drug trafficking.

“Those who steal our money in billions and trillions should rather suffer death because as a matter of fact, they are responsible for the stealing of public funds resulting in a general economic hardship that is a trigger for some people to engage in such misbehaviour. In other countries, economic crimes are treated more severely.”

Kekemeke, who called on the president not to assent to the bill in the interest of the country added, “For me, the death penalty should be reserved for murderers and take who take lives. But I think it is out of fashion even in the international community to impose the death penalty on drug offenders.

“I do not subscribe to that and I believe the House of Representatives should not pass the bill and above all, our president should not attend to it if they toe the line of the Senate.”

Another lawyer, Ketura Saliyuk, who condemned the Senate for passing the bill, described it as too severe.

“The bill is uncalled for. I believe offenders should be given another chance. If the bill intends to ensure deterrence, it means the objective is defeated on arrival with the prescription of the death penalty.

“Again, what happens to the rehabilitation centres across the country if those meant to be rehabilitated are turned around to be killed?” she asked.

Similarly, Kindness Gwandem called on the National Assembly to look for creative ways to empower the youths with enabling laws, which he noted would be most affected if the death penalty bill was eventually passed into law.

Conversely, a cross-section of legal practitioners in Benue State applauded the senate for approving the death penalty for importers and dealers of hard drugs into Nigeria.

Speaking to our correspondent in Makurdi on Friday in a telephone chat, 2 legal practitioners, Vembe Shima, and Antaav Kume, argued that the bill if it becomes a law will curb the activities of hard drug dealers.

Shima said, “Though the death penalty is an issue that needs serious deliberation not only in Nigeria but across the world but as a lawyer I know that some people are afraid of certain things because of the penalty involved.

“So, if we are ready to curb these hard drugs in our country, we must start from somewhere, so I support what the Senate has done and I call on the president to assent to the bill.”

In his contribution, Antaav Kume, said, “We all know how hard drugs affect the youth population, so if the government has taken such a drastic move, I see it as a right step in the right direction.

“If we look at the negative impact of hard drugs in our society, I don’t think the death penalty is too harsh.”

Meanwhile, the Nigerian House of Representatives has said it will act in the public interest when considering whether to agree with the Senate to approve the death penalty for drug peddlers, the spokesman for the House, Akin Rotimi has said.

The action of the Senate has since divided opinions with some lawyers and civil society organisations faulting the position of the upper legislative chamber.

(source: punchng.com)

******************

Death penalty for drug offenders extremely harsh – Activist

A Human Right Activist and lawyer, Alhaji Abdulfatai Abdulsalam, on Friday, said the death penalty passed by the senate as punishment for drug offenders was extremely harsh.

The Senate on Thursday passed a bill seeking to prescribe death penalty for persons found guilty of trading or consuming hard drugs and narcotics.

The bill titled “National Drug Law Enforcement Agency Act (Amendment Bill) 2024” was passed after majority of the senators supported it at the Committee of the Whole.

The bill amended Section 11 of the NDLEA Act that prescribed that any person who, without lawful authority; Imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine, heroin or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life.

Abdulsalam, who is the Director General of ‘Good Governance and Leadership Assessment Initiative, told the News Agency of Nigeria (NAN) on Friday in Osogbo that the penalty was extremely harsh.

“I don’t see and know any justification for such harsh legislation for drug trafficking,” he said.

Mr Abdulsalam equally stated that even if the death penalty was given assent to by the President, it would be un-implementable going by happenings in the country.

“Though it is a crime that should be discouraged, but it is not a crime that should go with death penalty” he said.

According to the lawyer, death penalty or death sentence is criticised and discouraged all over the world.

He said that even in Nigeria’s statutes, which still provides death sentences for capital offences, “the death sentence is rarely implemented.

“Thousands of convicts are in prison now who have been convicted, sentenced to death already, but they are not executed.

“Death sentence is there in our laws, but not implemented.

“So, why will the senate now prescribe such punishment for an offence that is not as serious as murder and armed robbery?” he asked.

Mr Abdulsalam said that laws provide punishments as deterrent to crimes, but added that punishment for crimes were determined by the category under which such crimes fall.

He said that the senate should have worked on ways of making the courts, law enforcement agencies and the NDLEA operations more effective and with the prosecution of drug offenders seamless.

(source: dailynigerian.com)

IRAN----executions

Iran Executes 2 Baluch Inmates Without Family Notification

Prison authorities of the Islamic Republic have executed 2 Baluch inmates without informing their families.

According to a report from the Haalvsh website, the death sentences of the prisoners on drug-related charges were carried out in the early hours of Wednesday at Kahnoj prison.

The report identifies the prisoners as 36-year-old Abdullah Azbakzehi from Zahedan and 37-year-old Khalilullah Barahoei from Khash city.

Sources indicate that Azbakzahi was arrested in 2021 on drug-related charges and was sentenced to death by a Revolutionary Court.

Barahoei was arrested in 2019 on similar charges and was sentenced to death by the Revolutionary Court of Kahnoj.

They were both transferred from the general ward of Kahnuj prison to solitary confinement, where their death sentences were executed at dawn without the knowledge of their families.

According to a report by Amnesty International, Iran has reached its highest level of death sentence executions in the last 8 years, with the judiciary of the Islamic Republic executing 853 people in 2023 alone.

The report indicates that 481 executions, more than 1/2 of the total, were related to drug crimes. This marks an 89 % rise in death penalties for drug-related offenses compared to 2022 when 255 people were executed.

The latest numbers also show a staggering 264 % increase compared to 2021, when 132 individuals faced execution on similar charges.

(source: iranwire.com)

******************

Coldplay and Sting call for release of Toomaj Salehi, Iranian rapper sentenced to death----Leading cultural figures including Margaret Atwood sign statement in support of rapper who criticised Iranian regime

More than 100 figures from the worlds of music, culture and human rights activism – including Coldplay and Sting – have signed a statement calling for the release of the Iranian rapper Toomaj Salehi who has been sentenced to death in Iran after protesting in support of women’s rights.

The 33-year-old, who was a vocal supporter of the Women, Life, Freedom movement in Iran was sentenced to death by a court in the city of Isfahan on 24 April, according to his lawyer.

He was originally arrested in September 2022, and spent a year and 21 days in prison, including 252 days in solitary confinement. After being released on bail, he described being “severely tortured” during his time in prison. He was arrested again 2 weeks after his release, in December 2023, and charged with “corruption on Earth”.

Through his music, Salehi was outspoken in his support of the demonstrations in the months following the death of Mahsa Amini – who died while in police custody in 2022 after being arrested for allegedly wearing an “improper hijab”. Amini’s death sparked widespread protest across Iran.

The statement calling for Salehi’s release, drawn up by the advocacy group Index on Censorship, is supported by Jade Thirlwall of Little Mix, DJ Rob Da Bank, writer Margaret Atwood, and theatre-maker Roshi Nasehi.

The statement says: “As artists, musicians, writers and leading cultural figures we stand in solidarity with Toomaj Salehi. We call for his death sentence to be immediately and unconditionally quashed and for him to be released from detention without delay, with all other charges dismissed.

“Art must be allowed to criticise, to provoke, to question and to challenge authority. That is both our right and our duty as artists.”

Salehi, who has more than two million followers on Instagram, has been outspoken about the Iranian regime in protest tracks such as Mouse Hole, Turkmenchay and Pomegranate, which criticise the regime, call out corruption, and support better rights for workers and women.

London-based composer and pianist Tamara Barschak, who signed the petition, said: “I’m a supporter of democracy, justice and stand wholly against oppressive regimes.”

Barschak said she felt shocked on hearing of Salehi’s death sentence, and called for increased awareness of the topic – especially within the music world.

She encouraged musicians to sign the Index on Censorship document, write songs about Salehi, and discuss his case on social media. “We need to alert people to the scale of this regime,” she said. “The fact that this poor musician is under threat of execution for expressing his beliefs is horrible. Everyone should be talking about this; I as a musician will start talking about it online.”

Another of the statement’s signatories, Elli Brazzill, from UK-based campaign group Art Not Evidence, said:“This death sentence for making music is a terrifying step. Artists have historically been targeted because music and art are such powerful mediums. Censorship of music, especially rebellion or protest music, goes back thousands of years around the world, but to be sentenced to death for it is just unimaginable.”

The Kurdish-Iranian rapper Saman Yasin was also arrested in Iran in 2022 after the Women, Life, Freedom protests and sentenced to death. The ruling was overturned in December 2022 and he has now been sentenced to five years in exile, according to news outlet IranWire.

Jemimah Steinfeld, incoming chief executive at Index on Censorship, commended the scale of support the organisation had received for Salehi’s release. “The scale and diversity of the signatories of this statement sends a clear message from the international cultural community that Toomaj should be released immediately.

“Toomaj is brave and brilliant and it’s incredibly humbling, to say the least, to see people unite behind him in the way that they have … Iran must adhere to its international human rights commitments.”

(soruce: The Guardian)

*****************

4 prisoners executed in central prison of Urmia----"Machine slaughter and execution in Iran continue without a moment’s pause. Since the beginning of the month of Ordibehesht (April/May), at least 83 prisoners have been executed in Iranian prisons.

According to the Iranian Human Rights Society, on the early morning of Friday, the 21st of Ordibehesht (May 10, 2024), 4 inmates were executed in Urmia Central Prison. These 4 prisoners were Hassan Arabi, Abdullah Hassanzadeh, Hassan Chupani, and an inmate named Taher.

At least 2 of the executed individuals, Hassan Arabi and Abdullah Hassanzadeh, previously detained on charges related to drug offenses and sentenced to death in court. They transferred to solitary confinement on Tuesday, the 18th of Ordibehesht (May 7, 2024), for the execution to be carried out.

Hassan Arabi (Anbi) was the son of Babazin, married, and a father of 2. Hassan Chupani from Piranshahr, and the inmate named Taher was from Urmia.”

**Execution of 3 Prisoners in Kerman Prison:

Previously, 3 prisoners executed in Kerman Prison. On the early morning of Thursday, the 20th of Ordibehesht (May 9, 2024), one female prisoner and two male prisoners executed in Kerman Central Prison.

The executed female prisoner named Fariba Mohammadzehi. She was 33 years old and arrested on drug-related charges, leading to her death sentence. The two male prisoners executed were Abdullah Azbekzehi and Khalilollah Barahoui. Both also charged with drug-related offenses.

**Execution of an Afghan Prisoner in Semnan:

On the early morning of Wednesday, the 19th of Ordibehesht (May 8, 2024), an Afghan national prisoner executed in Semnan Central Prison. The charges against this prisoner were related to drug offenses. He had been detained in Semnan in 1399 (2020) and sentenced to death in court. The executed Afghan prisoner, whose identity remains undisclosed, was approximately 40 years old, married, and had 5 children. Prior to his arrest in Semnan, he had been living there¹.

**Execution of a Prisoner in Urmia Prison: **

On the early morning of Tuesday, the 18th of Ordibehesht 1403(May 7, 2024), a prisoner executed in Urmia Central Prison. This prisoner named Hassan Moharrar and hailed from the village of Lorni in the vicinity of Urmia. His charges were also related to drug offenses.

“By sending any information in this regard to us, help us to be the voice of him and all prisoners.”

85 Victims in the Month of Ordibehesht( April\ May):

The machinery of execution and slaughter in Iran continues without a moment’s pause. Since the beginning of the month of Ordibehesht (April/May), at least 85 prisoners executed in Iranian prisons. The dictatorial regime and its affiliated institutions aim to convey to the people that they can execute anyone they desire without revealing their names.

(source: en.iranhrs.org)

MAY 10, 2024:

PENNSYLVANIA:

Prosecutors seek death penalty against man charged in deadly Pittsburgh-area workplace shooting

Prosecutors will seek the death penalty against a man charged with killing the mother of his children and injuring her new boyfriend during a workplace shooting earlier this year.

The Allegheny County District Attorney's Office filed its notice to seek the death penalty against Sean Black, citing aggravating circumstances.

Prosecutors said Black committed the crime while perpetrating a felony and knowingly created a grave risk of death to someone else. Prosecutors also said Black has a "significant history" of felony convictions involving the use or threat of violence.

Black is accused of shooting and killing 30-year-old Courtney Smith and a man at Tri-Arc Manufacturing along Fountain Street on the morning of March 19.

According to the criminal complaint, a witness told police Black and Smith had been together for several years and had three children together. They had recently separated, and Smith was dating the man who was shot, detectives said.

The morning of the shooting, police said the witness saw Black and Smith wrestling and watched Black shoot Smith multiple times in the chest. Black then shot multiple times at the other victim, the criminal complaint said.

While processing the scene, detectives found two firearms, according to the criminal complaint.

Black is charged with homicide, attempted homicide, aggravated assault and recklessly endangering another person.

Gov. Josh Shapiro has said that he won't allow the state to execute any inmates while he is in office. The state has executed three people since the death penalty was reinstated in 1976, as courts and governors have blocked every other death sentence so far.

(source: KDKA news)

ALABAMA:

Alabama sets nitrogen-gas execution for man who survived botched 2022 effort----Alan Miller to go to death in September as state rejects warnings that gas-mask method represents cruel and unusual punishment

Alabama has scheduled its 2nd execution of a death row prisoner using the novel technique of nitrogen gas, brushing aside objections that the procedure is a form of cruel and unusual punishment banned under the US constitution.

Barring last-minute judicial moves, Alan Miller, 59, will be put to his death on 26 September, after an execution date was set on Thursday by the state’s Republican governor Kay Ivey. Should it go ahead, the anticipated killing would be exceptional not only as only the 2nd time that nitrogen has been used in the US, but also because Miller has already been subjected to a botched execution, which he survived.

In September 2022, he was escorted into the death chamber at Holman correctional facility in southern Alabama and put through what his lawyers said was physical and mental torture. He was strapped to the gurney for 2 hours while members of the execution team pierced his arms, hands and feet with needles in search of a vein through which to inject lethal drugs.

Failing to achieve a line, the team raised the gurney into the vertical position and left Miller suspended as on a crucifix for about 20 minutes, court documents show. By the time they lowered him, blood was seeping from his puncture wounds.

The state eventually called off the execution.

Miller was convicted of the 1999 murder of three men, Terry Jarvis, Lee Holdbrooks and Scott Yancy, in a workplace shooting.

Now, Alabama is set to put him through a second execution – this time using the new and highly controversial method of nitrogen gas. It involves forcing Miller to breathe pure nitrogen through an industrial mask, leading to fatal oxygen deprivation.

The state’s plan to kill Miller is a chilling repetition of what Alabama did to Kenneth Smith in January. Smith had also survived a botched execution, in November 2022, which had been called off after four hours on the gurney for want of finding a vein.

He too was then sent to the death chamber a second time, becoming the first person in the US to be executed using nitrogen. Though the state insisted the method was “perhaps the most humane method of execution ever devised”, witnesses described the prisoner writhing and convulsing for several minutes and his body shaking violently.

Smith was killed after an 11th-hour appeal for a stay of execution was denied by the US supreme court. Dissenting, Justice Sonia Sotomayor accused Alabama of using the prisoner as a guinea pig for nitrogen, adding: “The world is watching.”

In September the world will be watching again when the state attempts another repeat execution of a prisoner using nitrogen gas. The technique has been rejected for ethical reasons by veterinarians in the US and across Europe for use in the euthanasia of most animals.

(source: The Guardian)

MISSISSIPPI:

Death penalty case details Biloxi stepfather’s gruesome abuse of toddler in front of mom

Joseph David Heard used one hand to hold the 2-year-old’s hands over his head. He used the other to repeatedly punch the little boy in the gut and the head, according to the child’s mother. When little Hayden Lee Bataille cried out in pain, Heard, 41, got angrier, and the beating only escalated, Hayden’s mother and Heard’s wife, Hailey Lynn Bataille Heard, said in testimony this week in Harrison County Circuit Court in Biloxi.

Joseph David Heard was already angry that morning, two days after Christmas 2021 because the toddler with curly blond hair had soiled his diapers overnight.

When Heard felt like the child took too long to get a juice box out of the refrigerator after his bath, the torture began.

Heard faces capital murder charges in the death of his 2-year-old stepson Hayden Bataille.

Hayden’s cries ended only after his mother said she later walked into the living room of their 1-bedroom apartment, where the boy’s stepfather was still beating the child. She testified that she put her hand over her child’s mouth and nose, hoping he would stop crying and the beating would end.

Hayden turned blue and slipped from consciousness. He died of suffocation.

The testimony from the child’s mother, Biloxi police, doctors, and more came out this week in the capital murder trial of Joseph David Heard in his stepson’s death. If convicted of capital murder, he could face a maximum sentence of life in prison without parole or death.

Hailey Heard has already pleaded guilty to a reduced charge of 1st-degree murder in a plea deal with prosecutors that included a demand that she testify against her husband at his trial. Hailey is serving a life sentence.

On Thursday, Heard testified in his defense and repeatedly denied ever abusing the child. He also said he didn’t see the bruises on Hayden that covered his body the day of his death.

But in body camera footage from Biloxi police at the couple’s home that morning, Heard acknowledges the bruising and talks about how Hayden liked to “play rough.”

He even asks Hailey if she plans to go to work while first responders are still there.

Heard did admit seeing bruising on Hayden in the past but said he’d ask the child’s mother what happened. In response, he said, Hailey Heard told him Hayden had fallen off a couch or a bed.

Hailey Heard, who is the wife of Joseph Heard, is serving a life sentence for the death of Hayden Bataille, who is her son.

ATTORNEY CLAIMS MOM KILLED CHILD

An autopsy showed the toddler had bruises — both old and new — all over his face, his head, his abdomen, his back and his legs, plus old and new broken bones, and more. Joseph David Heard’s attorney, Donald Rafferty, maintains that Hailey Heard caused the toddler’s death when she put her hand over his mouth, suffocating him.

Assistant District Attorneys George Huffman and Mara Joffe are prosecuting the death penalty case this week before Judge Larry Bourgeois.

In opening arguments, Joffe told the jury that Hailey Heard had been the victim of repeated domestic violence by Heard and how her son’s torture and abuse at the hands of his stepfather was a repeat occurrence during the couple’s one-year relationship.

“This is a case about control,” Joffe said. “It’s about this defendant, Joseph David Heard, controlling his wife Hailey Heard and his 2-year-old stepson Hayden through violence, through abuse, and through torture.” The torture and abuse that Hailey Heard and her son suffered, Joffe said, “was not isolated but was prolonged.”

“They had to do things his way or face punishment,” she said.

A 911 CALL

When a 911 call came in that morning about an unresponsive child, authorities said the cause was first reported as a possible drowning. But when Biloxi police, firefighters, and paramedics with American Medical Response responded to the call on St. Mary Boulevard, they found the child fully clothed and lying on the living floor.

The child was not wet, Biloxi police said.

When AMR paramedic Mark Dillard arrived, he said that Hayden wasn’t moving, then twice gasped for air and stopped breathing. Dillard said that he noticed extensive bruising on the toddler but kept doing what he could to revive the child.

‘MOST HORRIFIC SCENE’

The emergency room physician, Dr. Leanne Lee, said she attempted additional life-saving measures on Hayden before pronouncing him dead around 7 a.m. on Dec. 27, 2021.

“It was one of the most horrific scenes I’ve witnessed as an ER doctor,” Lee said. “I had never seen a kid that had sustained so much trauma.” Lee described the extensive bruising on Hayden’s body, along with broken bones in different stages of healing, a burn mark and more.

The state medical examiner, Dr. Staci Turner, said an autopsy showed the child died due to suffocation but had also sustained other significant injuries, including swelling in his head.

At the trial, Biloxi police read aloud pages of text messages between Heard and his wife. In them, he often sounded off about how Hayden had done something wrong and how he planned to exact his punishment on the child.

On some occasions, Hailey Heard said, Joseph David Heard punished the child by making him stand up and move his arms up and down repeatedly for hours at a time. At other times, she said, Joseph David Heard made Hayden sit on his potty chair for hours because the child had soiled his diaper.

When Hayden got in trouble at other times, Joseph David Heard told his wife he was going to hit her son’s hand, which had a 2nd-degree burn, with a rubber spatula. The exchanges included repeated threats from Joseph David Heard to divorce his wife. She begged him to stay, although she was the one who worked and paid the bills.

(source: sunherald.com)

OKLAHOMA:

Court rules death row inmate Wade Lay incompetent, halts June execution----Pittsburg County district court ruled death row inmate Wade Lay incompetent to be executed

Death row inmate Wade Lay was been ruled incompetent to be executed by the Pittsburg County district court on Thursday.

His execution was scheduled for June 6.

The ruling came after state experts found Lay lacked any rational understanding of why the state sought to execute him.

“We are relieved that the district court and the State recognize that Wade Lay’s delusions prevent him from having any rational understanding of the reason for his execution, and carrying out that execution would violate the Constitution,” said Callie Heller, one of Lay’s attorneys. “Wade firmly believes that his execution is part of a wide-ranging government conspiracy aimed at silencing him,” she said.

He was sentenced for the murder of bank security guard Kenneth Anderson in 2004.

Lay's legal team said he was severely mentally ill and delusional at the time of the murder, and that the trial judge never had him evaluated by mental health professionals.

His legal team said Lay never denied his guilt but was incapable of presenting the jury with reasons to spare his life, and the jury never learned of his severe mental illness or its role in the crime.

The State of Oklahoma will seek a stay of execution.

(source: KOKH news)

CALIFORNIA:

Los Angeles Times Editorial Board Says Systemic Racism in California Death Penalty Is Just One of Many Reasons for Abolition

RACE CALIFORNIA

“Americans who favor capital punishment generally want it to be imposed, if at all, without factual error, pain, politics, prosecutorial overreach, or racial bias. But that’s just fantasy. The death penalty is inextricably bound up with each of those ills, and more.”----Los Angeles Times edi­to­r­i­al, May 7, 2024

In a May 7, 2024 editorial, the Los Angeles Times Editorial Board cites the deeply engrained racial disparities in the California death penalty system and how those facts led them to conclude that “even if the state could perform painless and anxiety-free executions and racial biases were eliminated, the death penalty would still be wrong.” “Black defendants were 4.6 to 8.7 times more likely to be sentenced to death than other defendants facing similar charges” the Board notes, and “Latinos were 3.2 to 6.2 times more likely to be sentenced to death.”

In April 2024, a group of civil rights organizations and defense attorneys filed a petition with the California Supreme Court arguing that the state’s capital punishment scheme violates the California constitution’s equal protection clause because of its racially biased application. Weeks later, Alameda County District Attorney Pamela Price announced that a federal judge ordered the review of 35 death penalty cases after her office discovered evidence that prosecutors intentionally excluded Black and Jewish people from serving on juries.

The Editorial Board says that capital punishment “puts too much power in the hands of government…it’s applied arbitrarily and is overtly political.” While juries might be death qualified, no one is qualified “to weigh non-tangibles such as moral worth, or to choose between life or death without improper emotional considerations,” the Editorial Board writes. Despite Governor Gavin Newsom’s execution moratorium and efforts to dismantle death row, state district attorneys continue to use the threat of capital punishment to secure guilty pleas. In closing, the Editorial Board concludes that “the petitioners who cite racism in California death sentences are correct, and they deserve credit for identifying an angle of attack that not only is righteous but also just may work. The tragedy is that it’s necessary for them to do it. The death penalty is morally repugnant and manifestly unjust, even without the long and ample record of racism in its application.”

(source: Death Penalty Information Center)

USA:

Urge President Biden: Commute the Row, Demolish the Death Chamber & Abolish the Death Penalty

NOTICE: DEADLINE FOR NEXT DELIVERY IS JUNE 28, 2024

Donald Trump has a plan to drastically increase executions in the United States if he is elected to the presidency. Please urgently join us in calling on President Biden to declare the federal death penalty over by taking the following actions:

Commute the sentences of those currently on federal and military death rows;

Deauthorize all pending federal capital trial cases and establish guidelines prohibiting authorization of any new death penalty prosecutions during your administration;

Rescind the lethal injection protocol; rescind the “Manner of Execution” regulation that took effect in December 2020; rescind internal DOJ guidelines on litigating death row cases that took effect in December 2020

Order the Federal Bureau of Prisons to demolish the federal execution chamber and the building in which it is housed at the Federal Correctional Institution at Terre Haute;

Pledge to support and sign the Federal Death Penalty Prohibition Act (currently H.R. 4633/S.B. 2299), which abolishes federal and military death penalty laws, removes the possibility of death sentences, and mandates fair re-sentencing of those currently on federal and military death rows. Investigate federal government drug purchases from Absolute Standards and force any states which have purchased such unregulated drugs for execution purposes to surrender same.

BACKGROUND:

President Biden pledged during his campaign to work to abolish the federal death penalty. He deserves credit for appointing an Attorney General who is not setting execution dates and who is "studying the issue." Some death notices have been withdrawn, however the Department of Justice is still seeking death in some cases. Also, we have recently learned that corrections officers at the federal death row are staging "mock executions." It is time for President Biden to be unequivocal on this matter.

Former President Donald Trump oversaw an unprecedented 13 executions in the final 6 months of his term in office, making him the most-executing president since the 1940's. Trump ignored clemency petitions filed for his consideration as well as the pleas of some victim family members who opposed the executions. Details of these cases raise questions of innocence/culpability, issues around serious mental illness, intellectual capacity, fairness, racial bias and other horrific issues that plague our modern death penalty.

(source: https://actionnetwork.org/petitions/biden-demolish-the-death-chamber/?link_id=3&can_id=14e7ffb7a45ff16a15088110f75c570a&source=email-trump-plans-execution-spree&email_referrer=email_2313126&email_subject=trump-plans-execution-spree)

NIGERIA:

Senate approves death penalty for drug offenders

The Senate on Thursday approved death penalty for dealers and importers of cocaine, heroin and other hard drugs into the country.

The proposed capital punishment also applies to manufacturing, trafficking, dealing in or delivery of hard drugs by any means.

The Senate arrived at the resolution on the floor of the red chamber after deliberations on the National Drug Law Enforcement Agency (NDLEA) Act (Amendment) Bill, 2024.

The maximum punishment in the extant law for offenders is life imprisonment.

During the consideration of the report on the bill for passage on Thursday, Senate Whip, Ali Ndume (APC, Borno South), recommended that the punishment of life imprisonment be “toughened” to death penalty.

The penalty for drug importation or dealership is captured in Section 11 of the extant law, which Ndume sought to be increased to a death sentence.

He said, “This (life imprisonment) should be changed to a death sentence. This is the standard worldwide. We have to do this to address this problem of drugs that has seriously affected our youths.

“It should be toughened beyond life imprisonment. It should be the death sentence, either by hanging or any way.”

This proposal did not sit well with some of his colleagues, including former Governor of Edo State, Adams Oshiomhole, who took to the floor to voice out his reservations.

Oshiomhole told his colleagues that he would rarely joke with any matter concerning life and death.

“When a matter has to do with life and death, we should be accountable. Let’s divide the Senate. This is lawmaking. We are not here to take voice votes,” Oshiomhole said.

His position was overruled by the Deputy Senate President, Barau Jibrin, who presided over the plenary.

Jibrin told Oshiomhole that he should have called for a division of the Senate immediately after the voting took place and before the Senate moved to another clause in the amendment bill.

“This is about procedure. You were supposed to call for a division; you didn’t do so. I am sorry, I can’t help you”, the DSP stood his ground and stuck with the decision of the Senate.

Similarly, Senator Sampson Ekong from Akwa Ibom State also kicked against the resolution of the Senate but he was overruled.

The Senate went ahead to pass the bill for a 3rd reading.

The report on the bill was jointly produced by the Committees on Judiciary, Human Rights and Legal Matters/Drugs and Narcotics.

Speaking with Senate correspondents after the plenary, the Chairman of the Joint Committee, Mohammed Monguno, said the Senate approved the death sentence, noting that the voices of Oshiomhole and others did not change the ruling of the presiding officer.

“The ruling of the presiding officer is the position of the Senate," he added.

(source: punchng.com)

***************

Senate Okays Death Penalty For Drug Traffickers

The Nigerian Senate has approved death penalty as punishment for any person convicted of drug trafficking charges in the country.

This followed the consideration and adoption of the report of the Senate Committees on Judiciary, Human Rights and Legal Matters and Drugs and Narcotics, on the National Drug Law Enforcement Agency (NDLEA) Act (Amendment) Bill, 2024.

Chairman of the Committee on Judiciary, Human Rights & Legal Matters, Mohammed Monguno (APC-Borno North), presented the report at plenary on Thursday.

The punishment for persons convicted of drug trafficking charges 8 in Nigeria, had been life imprisonment. However, the new NDLEA Act (Amendment) Bill, 2024, which passed a third reading on Thursday, aims to update the list of dangerous drugs, strengthen the operations of the NDLEA, review penalties, and empower the establishment of laboratories.

Section 11 of the current act, which prescribes that “any person who, without lawful authority, imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine, LSD, heroin or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life”, was amended to reflect a stiffer penalty of death.

Although the report did not recommend a death penalty for the offence, during consideration, Senator Ali Ndume moved that the life sentence should be upgraded to the death penalty.

During a clause-by-clause consideration of the Bill, Deputy Senate President Barau Jibrin, who presided over the session, put the amendment on the death penalty to a voice vote and ruled that the “ayes” had it.

The bill was subsequently read for the 3rd time and passed by the Senate.

(source: thewillnews.com)

PAKISTAN:

Man gets death penalty for blasphemy on social media----Anti-Terrorism Special Court Judge Malik Ijaz Asif also announced 32 years in jail and a fine of Rs0.5 million for the convict, a resident of Chakwal

A local court on Thursday awarded death penalty to a person accused of committing blasphemy on social media.

Anti-Terrorism Special Court Judge Malik Ijaz Asif also announced 32 years in jail and a fine of Rs0.5 million for the convict, a resident of Chakwal.

The Federal Investigation Agency’s cybercrime wing in August 2018 had registered the case against him under Sections 7, 9 and 11 of the Anti-Terrorism Act 1997, Sections 295-A, 295-B and 295-C of the Pakistan Penal Code, and under Section 11 of the Prevention of Electronic Crime Act 2016. The convict was accused of creating an account on Facebook and posting controversial speeches and images. The court sentenced the accused to death under Section 295-C.

(source: thenews.com.pk)

INDIA:

2 brothers get death penalty in triple murder case in Bihar

(see: https://www.deccanherald.com/india/bihar/two-brothers-get-death-penalty-in-triple-murder-case-in-bihar-3016236)

IRAN----executions

Execution of 40 prisoners in Iran in ten days May 1-10, 2024

During the first 10 days of May 2024, the Iranian judiciary has carried out the execution sentences of 40 prisoners in Iranian prisons. On average, 4 prisoners are executed daily in Iran, which means that every 6 hours, 1 prisoner is executed in Iran. This comes at a time when compared to the 10 days of April, the number of executions has grown close to 160 %. The increase in the number of executions in Iran is highly concerning.

Among the executed individuals, there is also a political prisoner and a female prisoner. Over 90 % of the executions during the first 10 days of May have not been reported by any state media or institutions affiliated with the Iranian judiciary, and they have been carried out in silence. These executions have taken place in the prisons of Urmia, Semnan, Kerman, Isfahan, Qom, Kermanshah, Zanjan, Tabriz, Qazvin, Shiraz, and Ardabil.

More than 60 % of the executed individuals during the first 10 days of May had previously been sentenced to death on charges related to drug offenses. It is notable that the prisoners involved in drug crimes are often from marginalized areas and considered as impoverished members of society who are disproportionately sentenced to execution through unfair judicial processes. According to international laws, individuals convicted of drug-related offenses should never be subject to the death penalty.

Execution of a political prisoner: On Wednesday, May 1st, 2024, the death sentence of Anwar Khodari, a Sunni Kurdish political prisoner, was carried out after 15 years of imprisonment in Karaj’s Qezelhesar Prison.

Execution of a female prisoner: According to a report received by the Iran Human Rights Monitor (Iran HRM), on the early morning of Wednesday, May 8th, 2024, the death sentence of Fariba MohammadZehi from Zahedan was carried out in Kerman Central Prison. Fariba MohammadZehi had been sentenced to death on charges related to drug offenses.

Secret execution of a foreign national: According to a report received by the Iran Human Rights Monitor (Iran HRM), on the early morning of Wednesday, May 8th, 2024, the death sentence of a prisoner from Afghanistan, identified as Khan Mohammad IshaqZehi, 40 years old, was carried out in Semnan Central Prison. The execution of this 40-year-old prisoner was conducted without informing his family and in a clandestine manner.

(soruce: iran-hrm.com)

*****************

Afghan Khan Mohammad Eshaghzehi Secretly Executed in Semnan

An Afghan national named Khan Mohammad Eshaghzehi was secretly executed for drug-related charges in Semnan Central Prison.

According to Haalvsh, an Afghan man was executed in Semnan Central Prison on 8 May. His identity has been reported as 40-year-old Khan Mohammad Eshaghzehi from Afghanistan.

He was arrested for drug-related offences in Semnan around 4 years ago and sentenced to death by the city’s Revolutionary Court. He was executed without his family being notified and the right to say goodbye to them.

At the time of writing, his execution has not been reported by domestic media or officials in Iran.

Drug-related executions have continuously risen every year since 2021. According to IHRNGO’s 2023 Annual Report on the Death Penalty, at least 471 people were executed for drug-related charges, an 84% increase compared to 2022 (256) and about 18 times the average of drug-related executions in 2018-2020.

On 10 April 2024, 80+ Iranian and international organisations and groups called for joint action to stop drug-related executions, urging UNODC to make “any cooperation with the Islamic Republic contingent on a complete halt on drug-related executions.”

It is important to note that Afghan nationals constitute the largest group of non-Iranian executions and death row cases in Iranian prisons. The number of their executions have been steadily rising since the Taliban takeover in 2021. At least five Afghan nationals were executed in 2021 which more than tripled in 2022, with 16 Afghan nationals including a juvenile offender and a woman executed. In 2023, at least 25 Afghans were executed, a 56% rise compared to the previous year. Khan Mohammad Eshaghzehi is the 12th Afghan national executed in 2024.

******************

3 Kurdish Men Executed in Urmia

Hassan Choopani, Abdollah Hassanzadeh Yangajeh and Hassan Arabi Anabi were executed for drug-related charges in Urmia Central Prison.

According to information obtained by Iran Human Rights, three Kurdish men were executed in Urmia Central Prison on 9 May. Their identities have been established as 35-year-old Hassan Choopani, Abdollah Hassanzadeh Yangajeh and Hassan Arabi Anabi. They were sentenced to death for drug-related charges by the Revolutionary Court.

Hassan was on death row for 4 years, Abdollah for 5 years and Hassan Arabi for 6 years.

At the time of writing, their executions have not been reported by domestic media or officials in Iran.

Drug-related executions have continuously risen every year since 2021. According to IHRNGO’s 2023 Annual Report on the Death Penalty, at least 471 people were executed for drug-related charges, an 84% increase compared to 2022 (256) and about 18 times the average of drug-related executions in 2018-2020.

On 10 April 2024, 80+ Iranian and international organisations and groups called for joint action to stop drug-related executions, urging UNODC to make “any cooperation with the Islamic Republic contingent on a complete halt on drug-related executions.”

(source for all: iranhr.net)

MAY 9, 2024:

PENNSYLVANIA:

State attorney general to appeal ruling granting new trial in child murder case

The state attorney general's office will appeal the ruling of a senior judge in the Brentt M. Sherwood murder case.

Sherwood, who was convicted and sentenced to death in 2007 for the beating death of his 4-year-old stepdaughter, was granted a new trial recently by Senior Judge Harold F. Woelfel Jr., based on arguments that Sherwood's defense attorney was ineffective, among others.

Senior Deputy Attorney General William Stoycos filed a notice of appeal to the state Superior Court on April 25, informing the appellate court the attorney general's office would be appealing the county judge's ruling.

Sherwood, 40, a former Northumberland resident, was sentenced to death in 2007 after a Northumberland County jury convicted him of 1st-degree murder in the December 2004 beating death of Marlee Reed.

During the trial, Sherwood admitted to punching and kicking the child repeatedly in their Northumberland home, but claimed he was high on cocaine and did not mean to kill her.

Sherwood had been seeking relief from a conviction of first-degree murder and the imposition of the death penalty and had originally listed 106 reasons why he should be awarded a new trial, including ineffective counsel, according to a 342-page Post Conviction Relief Act motion that was initially filed in 2012.

Sherwood, currently incarcerated at State Correctional Institution Greene in Waynesburg, was one of 152 inmates on death row in Pennsylvania before his death sentence was vacated by Woelfel after a 2021 hearing.

Sherwood also agreed to withdraw all Post Conviction Relief Act (PCRA) claims related to the penalty phase of his trial during the two-day evidentiary hearing, which was conducted for him through his new attorney, Edward Rymsza, of Williamsport.

On Feb. 13, 2015, Gov. Tom Wolf announced a moratorium on executions, citing concerns about innocence, racial bias and the death penalty’s effects on victims’ families.

Woelfel’s April 2 decision said Sherwood should be given a new trial because of ineffective counsel on multiple issues.

The judge wrote that on 1 occasion during a charging conference, the trial court asked the defense attorney, “Are you with us?” to which he replied, “I’m in a world of my own,” according to the brief filed.

Woelfel granted the new trial after saying two points of the 19 mentioned had merit.

He said on their own they did not, but it was a cumulative effect of the fact Sherwood’s ex-wife, Heather Goodeliunas, was given an informal plea agreement for her testimony after she was charged with crimes related to the death of the child.

Two months after Sherwood was sentenced to death, Goodeliunas pleaded guilty to an endangerment charge for not doing more to prevent the murder.

Goodeliunas pleaded guilty as part of a plea deal that would have spared her jail time.

At the time, Northumberland County District Attorney Anthony Rosini, who prosecuted the case, said the charge stems from the fact that Goodeliunas knew that her then-husband had abused 4-year-old Marlee, but took no action to protect her daughter from him.

Because Goodeliunas — who had been using the name of Heather Sherwood, but changed her name following her divorce from Brentt Sherwood after his arrest — had no prior criminal record, sentencing guidelines indicate she would normally have received a penalty of five years of probation, Rosini said at the time.

Rosini said prosecutors agreed to the plea deal because Goodeliunas cooperated with prosecutors and testified against Sherwood during his trial.

In The April 2 ruling, Woelfel said the defense failed to raise issues that could have given the jury a chance to evaluate Goodeliunas’ credibility after she gave conflicting statements.

The judge also wrote that the defense attorney did not cross-examine Goodeliunas about the plea agreement and conflicting statements. In combination with other errors made by the defense counsel, Sherwood should be given a new trial, the judge wrote.

(source: The Daily Item)

******************

Judge denies Kendrick death penalty, jury motions

Motions seeking to drop the death penalty in Paul Kendrick’s homicide case and either bring in an outside jury or move his proceeding to another county were all denied by a county judge.

The rulings were among dozens of denials by court-appointed senior Judge Patrick Kiniry.

Kendrick, 28, is accused of attacking Sgt. Mark Baserman, 60, in a housing unit’s day room at SCI-Somerset on Feb. 15, 2018.

Investigators have said Kendrick hit Baserman in the face and kicked him in the head, then attacked another officer before he was apprehended.

Baserman died two weeks later of injuries he sustained in the assault, officials have said.

In recent rulings, Kiniry addressed dozens of motions by both the defense and prosecutors as the case continues heading toward trial.

That included denials to at least 11 motions by defense attorneys seeking to have the death penalty pulled.

Somerset County District Attorney Molly Metzgar said her office appreciated “the Court’s and fair rulings on the Kendrick omnibus.”

“And (we) are as devoted as ever to seeking justice for Sgt. Baserman with a Somerset County jury.”

Kendricks’ attorneys Timothy Burns and Kenneth Sottile previous argued the move was “cruel and unusual punishment” and that a death penalty phase – and the lengthy conviction appeals process – were a waste of county tax dollars because current Gov. Josh Shapiro has pledged to veto any executions.

The defense also noted that an Allegheny County judge recent decided against seating a death-qualified jury for that reason – but Kiniry noted the fellow Court of Common Pleas judge’s decision is not binding in Somerset County.

“Additionally,” Kiniry wrote, “(the Allegheny County decision) is currently being appealed.”

Burns reacted to the ruling Wednesday in an interview with The Tribune-Democrat, saying he was disappointed by the death penalty decisions.

“Particularly in light of the fact that it’s clear there’s not going to be any executions in Pennsylvania any time soon,” Burns said, referencing the fact recent governors have rejected executing anyone.

That typically leaves the court system – and taxpayers – to cover costs for decades of appeals regardless, he said.

“That’s an issue we’ll be raising again – not just during trial – but on appeal afterward (if necessary),” he said.

Burns and fellow court-appointed defense attorneys also previously sought to have the death penalty dropped due to their concerns about the possibility of an alleged “Brady disclosure” violation.

Brady refers to the Supreme Court’s Brady vs. Maryland ruling that established prosecutors must turn over all evidence that might exonerate a defendant.

In February, fellow defense attorney Edward Rymsza said the Somerset County District Attorney’s Office told the defense that a relative of Baserman’s had notified them that Baserman had been investigated over an unspecified accusation and, later, exonerated at some point.

But Rymsza said prosecutors made no attempt to learn anything more about the matter, such as when and why it occurred.

During the same February hearing, Kiniry directed prosecutors to check into the matter and get more answers about the accusation to see if it raises any questions important to the case.

In his April follow-up ruling, Kiniry said the motion has now been “resolved.”

Burns also said prosecutors have provided additional information to resolve the matter.

Publicity, court plaque

Among other rulings, Kiniry ruled against the change of venue/venir request by citing past case law establishing a defendant is not entitled to those changes unless he or she can show that pretrial publicity resulted in “actual prejudice.”

“(Kendrick) is unable to prove that publicity about the present case has been sensational, inflammatory or slanted toward conviction,” he wrote, noting that most reports and articles were published 4 years ago or more.

That “cooling off period” makes it far less likely it will be difficult finding local jurors, Kiniry said.

Kiniry also ruled that just because District Attorney Molly Metzgar’s husband, state Rep. Carl Metzgar, made comments about Baserman’s death, the argument Somerset County DA’s Office should be disqualified from handling the case “had no basis in fact or merit.”

The longtime judge did grant defense attorneys’ motion to have criminal histories disclosed of any witnesses they may call on the witness stand – and provide those histories to defense counsel.

Prosecutors allege the injuries that caused Baserman’s death occurred inside the prison while numerous inmates were in a “day room” for approved leisure time.

That means inmates could be called to testify about what they heard or saw.

Kiniry noted prosecutors have agreed to provide that information – and that if any promises of immunity or “favorable treatment” would be offered to a witness in the future for testimony, that too would be disclosed.

But the judge denied other requests, including a motion to cover up Baserman’s name from a plaque at the courthouse entrance, and he rejected the defense’s argument to have statements allegedly made by Kendrick blocked from court.

Kiniry also rejected a request that jurors be shown a video on “unconscious bias,” which they said can sometimes prevent people from rendering a fair verdict in a case where crimes committed by someone of one race are committed against a person of a different race.

The senior judge noted the trial court, in this case in Somerset County, has the discretion to decide “voir dire” jury instructions.

Kiniry noted that studies presented by both sides showed “contrary” and inconclusive findings as to whether an instructional video would help or confuse jurors and might encourage citizens to uneccessarily second-guess their conclusions.

Within Pennsylvania’s courts, there are suggested verbal instructions that can instead be given to jurors to address biases, he added.

Kendrick is currently being housed at SCI-Fayette.

A trial date was not listed for the case on his online docket.

Burns said the case appears on track to go to trial this fall.

(source: The Tribune-Democrat)

*********************

DA seeks death penalty in fatal Blawnox warehouse shooting

The Allegheny County District Attorney’s office is seeking the death penalty against a man accused of killing his ex-girlfriend and shooting another man at a Blawnox warehouse in March.

Sean Black, 42, is accused of shooting Courtney Smith, 30, multiple times early in the morning of March 19 at Tri-Arc Manufacturing Co. on Fountain Street.

The 2 had been in a romantic relationship for several years and had 3 children together.

However, police said the couple had recently separated, and Smith began dating a Tri-Arc co-worker, Daniel Zoelle, 26.

That morning, police said, Black and Smith got into a domestic dispute at work that turned physical.

The two started to wrestle outside Smith’s supervisor’s office when, police said, Black reached for a handgun.

“Sean — No! No!” Smith yelled, according to a criminal complaint.

Black shot Smith 4 to 5 times in the chest and then fired 2 or 3 more shots at Zoelle, police said.

Smith was pronounced dead at the scene. Zoelle, who was shot multiple times in the torso and limbs was taken to Allegheny General Hospital in critical condition.

In April, Black waived his preliminary hearing on charges of homicide, attempted homicide, aggravated assault, reckless endangerment and firearms counts.

On Wednesday, the DA’s office filed its notice to seek the death penalty.

To do so, prosecutors are required to cite aggravating factors under the law that make a crime eligible for capital punishment.

In Black’s case, they cite three: that the defendant killed the victim while perpetrating of a felony; that he knowingly created a grave risk of death to another person; and that he has a significant history of felony convictions involving the use or threat of violence to the person.

No one has been executed in Pennsylvania since 1999, and former Gov. Tom Wolf issued a moratorium on capital punishment in 2015. Gov. Josh Shapiro has called on the legislature to abolish the death penalty.

There are 96 people on death row in Pennsylvania.

Allegheny County currently has 6 other pending capital cases.

(source: Pittsburgh Tribune-Review)

GEORGIA:

Could Laken Riley's Suspected Killer Get the Death Penalty? MTG Says Mayorkas Should Have 'Deported' Laken Riley

A Georgia grand jury on Wednesday indicted Jose Ibarra, the Venezuelan migrant charged with killing Georgia nursing student Laken Riley in February, according to court documents.

Ibarra was formally indicted on 10 charges, including malice murder, kidnapping with bodily injury, aggravated assault with intent to rape, aggravated battery, obstructing or hindering a person from making a 911 call, tampering with evidence and an additional "peeping Tom" charge.

"I am pleased to share that Ms. Laken Riley's murderer, Jose Ibarra, has been formally indicted by a Georgia grand jury," Georgia Republican Rep. Mike Collins said on Wednesday. "This is a critical step in achieving justice for her and her family."

Ibarra, a 26-year-old migrant who reportedly entered the country illegally, is suspected of killing Riley, a student at Augusta University, while she was out for a run on the nearby University of Georgia campus in Athens on Feb. 22.

The indictment reveals new information in the case that garnered national attention. Ibarra allegedly attempted to rape Riley before "striking her head multiple times with a rock" and "asphyxiating her in a manner unknown to jurors."

He is also accused of disposing his jacket and gloves to conceal the crime.

University of Georgia Police discovered Riley's body with "visible injuries."

University Police Chief Jeff Clark said at the time it did not appear that Ibarra knew Riley and that it seemed to be a "crime of opportunity, where he saw an individual and bad things happened."

Ibarra was identified using a photo from surveillance cameras, according to a federal affidavit.

The new indictment charges Ibarra with allegedly going onto the UGA campus and spying on women in an apartment complex. He is also being accused of looking through windows and invading the privacy of a university staff member.

Could Ibarra be executed if convicted?

Georgia has the death penalty, though has not been an execution in the state in four years. As of March, 31 men and one woman are on death row in the state.

For murder, the offender must meet at least one aggravating circumstance, such as committing another capital felony or aggravated battery, which Ibarra is being accused of. The capital offense could also be considered inhumane, or it could be committed by someone for the purpose of avoiding or interfering with lawful confinement.

Some of the aggravating factors also apply to rape or kidnapping.

The question of whether the district attorney overseeing the case will seek the death penalty is a different matter. Deborah Gonzales, a progressive Democrat, was elected as in 2020 as the 1st Hispanic woman D.A. in the state's history. She ran on ending both cash bail and capital punishment.

Georgia's Republican Governor, Brian Kemp, was asked by reporters in February if he had faith that Gonzales could "bring this case, this suspect, to justice," and responded simply: "She best to do that."

Houston Gaines, a Republican state representative from Athens, said at the same time there were efforts underway to remove Gonzales from the case, according to reports in local media.

Newsweek reached out to Gonzales' office for comment but did not immediately hear back.

When prosecutors seeks the death penalty in a case, the sentence is decided by the jury and must be unanimous. The Georgia State Board of Pardons and Paroles is able to grant mercy.

Ibarra illegally entered the U.S. in 2022 near El Paso, Texas, according to immigration officials. He was living in an apartment close to the University of Georgia and had previously failed to appear in court on a shoplifting charge.

Riley's father, Jason Riley, told NBC News in March he feared Ibarra's immigration status was overshadowing the narrative of his daughter's death. The case quickly turned political, with former President Donald Trump and other Republicans calling for Riley's "justice" and blaming her murder on President Joe Biden's immigration policies. Rep. Marjorie Taylor Green shouted Riley's name during President Biden's State of the Union in March.

"I think it's being used politically to get those votes," Jason Riley said. "It makes me angry. I feel like, you know, they're just using my daughter's name for that. And she was much better than that, and she should be raised up for the person that she is. She was an angel."

(source: newsweek.com)

ALABAMA----new execution date

Execution Alert

Alabama has set 9.26.24 as the execution date for

Alan Eugene Miller

Please contact Governor Kay Ivey and ask her to stay this execution

THE HONORABLE GOVERNOR Kay Ivey

STATE CAPITOL N 104

600 Dexter Ave

MONTGOMERY, AL 36130 2751

PHONE 1-334-242-7100

FAX: 1-334-242-3282

Email: http://governor.alabama.gov/contact/

1. Mr. Miller survived a botched, painful execution attempt.

2. The execution method to be used, nitrogen gas asphyxiation is neither quick nor painless, but agonizing and painful as was demonstrated at the execution of Kenneth Smith earlier this year. It amounts to cruel and unusual punishment which is barred by the U.S. Constitution.

3. Mr. Miller suffers from mental disease or defect and a personality disorder. 4. Alabama ought to delay all executions to allow for a thorough study of its capital punishment process and consider the serious objections raised as to how it administers the death penalty.

(source: Project Hope)

******************

Ivey sets date for Alabama's second nitrogen hypoxia execution

Gov. Kay Ivey has set the execution date for Alan Eugene Miller by nitrogen hypoxia. If carried out, Miller’s execution would be Alabama’s 2nd using the controversial method.

The death warrant issued by Ivey will be in effect for a 30-hour period from midnight Sept. 26 to 6 a.m. Sept 27.

"Although I have no current plans to grant clemency in this case, I retain my authority under the Constitution of the State of Alabama to grant a reprieve or commutation, if necessary, at any time before the execution is carried out," Ivey wrote in her letter to John Hamm, Alabama Department of Corrections commissioner.

Ivey has never halted an execution or commuted a death sentence during her 2 terms as governor.

This Miller’s 2nd date with the executioner. He was set to die by lethal injection in September of 2022, but staff could not gain access to his veins for the IV lines before his death warrant expired.

Miller’s execution also sets the stage for the state to execute at least 4 inmates this year.

Miller, now 59, was convicted of killing 3 people during a pair of 1999 workplace shootings in suburban Birmingham. He was living in Autauga County at the time.

A delivery truck driver, he was convicted of killing Lee Holdbrooks, Scott Yancy and Terry Jarvis. Prosecutors said Miller killed Holdbrooks and Yancy at one business and then drove to another location to shoot Jarvis. Each man was shot multiple times.

Testimony indicated Miller believed the men were spreading rumors about him. Jurors convicted Miller after 20 minutes of deliberation and then recommended a death sentence, which a judge imposed.

The attorney general’s office decides which condemned inmate is to be executed. The Alabama Supreme Court then authorizes the execution and Gov. Kay Ivey sets the execution date. Miller has filled a federal lawsuit seeking to bar the use of nitrogen hypoxia as the method of execution with the suit claiming it amounts to cruel and unusual punishment, which is barred by the U.S. Constitution.

With nitrogen hypoxia, the condemned breathes pure nitrogen through a mask. The nitrogen displaces the oxygen in the lungs.

On Jan. 25, Kenneth Eugene Smith became the first person in the nation executed using the method. That execution was carried out in the death chamber at the William C. Holman Correctional Facility in Atmore. In the weeks before the execution, the attorney general’s office wrote in court documents that the inmate would lose consciousness in a matter of “seconds” and die in a matter of minutes.

Smith writhed and shook on the gurney for some four minutes before appearing to lose consciousness. His convulsions shook the gurney several times. He appeared to gasp for air and writhe for about two minutes more after he appeared to lose consciousness before he apparently stopped breathing.

The morning after Smith’s execution Attorney General Steve Marshall described the execution as “textbook” and said the state was ready to carry out more nitrogen hypoxia executions.

2 other inmates have had their execution dates set.

Jamie Ray Mills is set to be executed during the 30-hour time period from midnight May 30 to 6 a.m. May 31.

Keith Edmund Gavin is set to be executed during the 30-hour period from midnight July 18 to 6 a.m. July 19.

(soruce: Montgomery Advertiser)

*****************

Former Juror Riddled with Guilt After Helping to Send Black Man to Death Row On Testimony Of Witness Who Was Paid $5,000 By The State; Begs for Forgiveness from His Family

A woman who sat on the jury that sent an Alabama man to death row 25 years ago is now calling for a new trial due to evidence of potential legal misconduct, saying her role in the defendant’s 1998 murder conviction “keeps me awake at night.”

Monique Hicks, of Prattsville, Alabama, sat on the jury that found Toforest Johnson guilty in the murder of Jefferson County Deputy Sheriff William G. “Bill” Hardy, who was gunned down in the parking lot of a Birmingham hotel in the summer of 1995 while working an off-duty job as a security guard.

Johnson, who is Black, was put on trial 3 years later, found guilty and sentenced to death based on questionable testimony by a witness who was paid thousands of dollars to testify for the prosecution.

Due to newly uncovered evidence, Hicks now says she regrets her role in Johnson’s conviction, proclaiming his innocence and even seeking forgiveness from his family.

“I have asked the Lord to forgive me for my part in inflicting so much suffering,” she wrote in a guest opinion column that was published April 22 on AI.com. “I pray that Mr. Johnson and his family can forgive me too. In the meantime, I will continue to use my voice to plead for justice.”

In the opinion column, Hicks expresses deep regret, asking, “What responsibility do I bear? My role in the wrongful conviction of an innocent man keeps me awake at night.”

The effort to free Johnson has received substantial backing from celebrity activist Kim Kardashian as well as several prominent legal figures, including the National Innocence Project, which recently filed two amicus briefs supporting a new trial for Johnson — one in the U.S. Supreme Court and another in Alabama’s Jefferson County Circuit Court.

As of May 2024, no execution date has been set for Johnson, who has maintained his innocence since he became a suspect in the officer’s murder nearly three decades ago, when he was 25 and in the prime of his life.

At the time of the killing, on July 19, 1995, five suspects, in addition to Johnson, were eventually rounded up in connection with the fatal shooting, but only Johnson was convicted despite no physical evidence and the lack of eyewitnesses who could place him at the scene of the crime.

Last year, Jefferson County District Attorney Danny Carr conducted a 9-month review of the evidence and concluded that “the interests of justice” demanded a new trial for Johnson, who is now 50 years old.

“Leadership is not about being right but about making things right,” he said during a faith rally in support of Johnson in December 2023.

However, state Attorney General Steve Marshall has dismissed this investigation, referring to it as Carr’s “subjective opinion.”

But an appeal filed by Johnson’s lawyers in Jefferson County Circuit Court argues that the investigation cannot be summarily ignored.

Despite the new evidence, Marshall keeps going to court to block the convicted man from getting a new trial and is pushing for Johnson to be put to death sooner rather than later.

The main snag in the state’s case involves a witness named Violet Ellison, who testified in the 1998 trial that she overheard Johnson confess to the officer’s murder during a phone call she had eavesdropped on as Johnson spoke from jail.

Ellison’s testimony was the crucial linchpin of the case that ultimately won the conviction against Johnson, however, in 2015 — 17 years after the trial — the state revealed that it secretly paid $5,000 to Ellison for her testimony.

Additionally, Ellison has a questionable history as a witness because her testimony as a witness for the state in five other criminal cases had resulted in acquittals and dismissals.

Her involvement in Johnson’s case prompted 3 jurors — including Hicks — to demand a new trial, stating they would not have convicted him if they had known about the payment to Ellison and her credibility issues.

Other new evidence has also emerged that points to Johnson’s innocence.

A new podcast, “Earwitness,” has brought renewed attention to the case and uncovered new information that has the potential to free Johnson after decades behind bars.

In 2023, the podcast tracked down Ellison’s grandchildren, who revealed they didn’t trust her while describing her as willing to do “anything for a dollar.”

According to nearly a dozen witnesses, Johnson and his disabled friend Ardragus Ford were hanging out together at Tee’s Place, a downtown Birmingham nightclub, at the time when Deputy Hardy was killed 4 miles away.

But, days after the slaying, a troubled 15-year-old girl named Yolanda Chambers, who, joined later by a girlfriend, was picked up by Johnson and Ford after the men left the nightclub, fingered the two men to authorities following the sheriff’s department offering of a reward.

Although Chambers would change her story many times, she initially told investigators that the men confessed to the girls that Johnson had “smoked a cop” earlier that evening. Johnson and Ford became permanent suspects after Chambers’ first of many interviews with investigators.

During the trial, in which Chambers would prove to be an inconsistent witness, police all but admitted they were unsure about who actually killed Deputy Hardy as they lacked any physical evidence or eyewitness accounts that directly implicated Johnson.

At trial, prosecutors also presented five conflicting theories about the fatal shooting in an effort to explain the circumstances behind Hardy’s death but stopped short of drawing any conclusions, suggesting there was no smoking gun.

The lead detective in the case initially testified that Ardragus Ford and another man, Omar Berry, were responsible for killing Hardy. However, prosecutors changed their theory multiple times over 3 years, leading to Johnson being the only one convicted and sentenced to death.

Hicks said she changed her mind about Johnson’s guilt more than 2 decades after she helped send him to death row for the crime.

“After the trial, I went home and returned to my daily life,” she explained. “I did not hear about Toforest Johnson again for more than two decades. But then I started seeing his case on the news.”

It was around this time, in 2023, that public officials in Alabama began calling for a new trial for Johnson, which received widespread support from the likes of Kardashian, who in January shared several infographics concerning Johnson’s criminal case with her 364 million followers on Instagram.

In one post, Kardashian wrote that Johnson “spent his 26th Christmas in prison for a crime he did not commit” and included a link to a petition to help the man.

Support for Johnson has also emerged in many unlikely places, namely from former state Attorney General Bill Baxley and Birmingham District Attorney Jeff Wallace, who prosecuted Johnson for Hardy’s murder back in 1998.

Previously, Wallace testified under oath in 2014 that he didn’t “think the State’s case was very strong because it depended on the testimony of Violet Ellison.”

Baxley — who fought to reinstate the death penalty as Alabama’s attorney general in the 1970s — also said he firmly believes that Johnson is innocent, describing him as being “trapped” in the legal system.

“Johnson’s murder trial was so deeply flawed, the evidence presented against him so thin, that no Alabamian should tolerate his incarceration, let alone his execution,” Baxley wrote for the Washington Post.

The call to throw out the conviction has also received support from 2 former Alabama governors and the state’s former Republican Chief Justice.

A website named after Johnson has also been established, highlighting a number of legal advocates and lawmakers who have gotten behind the effort to free him.

With momentum building behind Johnson, Hicks said she began grappling with the impact of the jury’s decision on his fate, leading to deep personal reflection, saying she could no longer ignore what many others were now claiming about Johnson’s innocence.

Drawing on her Christian faith, Hicks said she felt moved to express her new outlook on the case in the news column she wrote, calling for a new trial for Johnson while emphasizing the need for a fair and thorough examination of all the evidence.

“25 years ago, I sat in the jury box in a courtroom in Birmingham and voted for a man to die. The prosecutor, Jeff Wallace, asked me and my fellow jurors to convict the defendant, Toforest Johnson, of murder. Then he asked us to sentence Mr. Johnson to death. We did both.”

After Wallace, of all people, called for a new trial, Hicks said she struggled to come to terms with her own decision to convict Johnson, compelling her to speak out.

“I remember how young Mr. Johnson looked. And I distinctly remember that when the verdict was read, I could hear loud wailing in the audience. Now being a mother myself, I can only imagine that tremendous grief must have come from Mr. Johnson’s mother. At the time, I was comforted by my belief that my vote to convict Mr. Johnson and sentence him to death was right. Now my tears flow, too.”

(source: Atlanta Black Star)

OHIO:

Ohio Murders Death Sentence Overturned Under New State Law

In a significant turn of events in southwest Ohio, Stanley Fitzpatrick, who has faced execution multiple times, has had his death sentence thrown out, thanks to a recent change in Ohio law. The new legislation granted prisoners on death row a 1-year window to petition the court to overturn their death sentences.

Fitzpatrick’s case spans over two decades, during which he was convicted of killing In June 2001, he used an axe to kill his girlfriend, Doreatha Hayes; her 12-year-old daughter, Shenay; and their neighbor Elton Rose who he convinced into the home after the other murders. He then attempted to murder a police officer in Lincoln Heights.

Despite being diagnosed with severe mental illness, he had been on death row since his conviction in 2002, facing execution multiple times, with each attempt being delayed.

Under the new Ohio law, individuals suffering from four major mental disorders, including Bipolar Disorder, Delusional Disorder, and Schizophrenia, are now ineligible for the death penalty. Moreover, those on death row must demonstrate that their mental illness significantly impaired their capacity to exercise rational judgment in adhering to the law.

Fitzpatrick’s case marks the third instance in Hamilton County where a death sentence has been overturned under the new law, according to the Ohio Attorney General’s Office. Consequently, Fitzpatrick has been resentenced to life without the possibility of parole.

The decision underscores a broader shift in the state’s approach to capital punishment, with a growing recognition of the impact of mental illness on individuals facing the death penalty. Fitzpatrick’s case serves as a poignant example of the evolving legal landscape surrounding capital punishment in Ohio.

(source: The Scioto Post)

*****************

Alabama set to kill another inmate with nitrogen gas; Date set for Alan Eugene Miller execution

Alabama is set to conduct its 2nd execution using nitrogen gas later this summer.

Gov. Kay Ivey’s office set Alan Eugene Miller’s execution date for any time between midnight on September 26 and 6 a.m. September 27. The timeframe set by the governor allows the execution to take place during those hours, but the prison system has typically set executions for 6 p.m.

The nitrogen execution will come 8 months after Alabama conducted the 1st and only execution of its kind in the United States.

The first was in January, when Kenneth Eugene Smith was put to death by wearing a gas mask in which he inhaled pure nitrogen. Witnesses to the execution could see Smith writhing with seizure-like movements for about 2 minutes, before a period of heavy breathing and slight gasping.

Miller, 59, was convicted in the Aug. 5 1999 Shelby County workplace shootings in which he killed Terry Jarvis, 39, Lee Holdbrooks, 32, and Scott Yancy, 28.

Miller killed his victims at his current and former places. Holdbrooks and Yancy were employees of Ferguson Enterprises, while Jarvis worked for Post Airgas in Pelham.

The Alabama Supreme Court last week granted the state’s request to put Miller to death using nitrogen gas.

He’s survived an attempt to be executed once before.

Miller was first set to die by the Alabama’s 3-drug lethal injection cocktail in September 2022, but prison officials called off that execution about 30 minutes before the state’s death warrant expired that night. Miller’s veins couldn’t be accessed within execution protocol time limits, Alabama Department of Corrections Commissioner John Hamm told reporters gathered at the prison system media center.

The U.S. Supreme Court had cleared the way for the execution to start about 9 p.m. that night, giving members of the prison’s execution team nearly three hours to conduct the lethal injection.

At the time, Hamm said the execution team did start trying to access Miller’s veins to insert the intravenous lines for the fatal cocktail, but he wasn’t sure how long the team worked to try to access a vein. When pressed what was being done during that nearly 3-hour period, Hamm would not elaborate. “Like I said, there are several things that we have to do before we even start accessing the veins. And that was taking a little bit longer than we anticipated.”

Miller claimed later in a lawsuit that prison workers poked him for 90 minutes trying to start an IV.

After that attempt, the state agreed with Miller’s lawyers in a federal lawsuit that it would not seek to execute Miller by lethal injection again, and that any attempt to execute him in the future would be done with nitrogen gas.

(source: al.com)

USA:

New Cardozo Law Review Article Examines the Events in the Lives of Women on U.S. Death Row

WOMEN

A new article, “Gender Matters: Women on Death Row in the United States,” explores the cases of 48 women who were sentenced to death in the United States between 1990 and 2023. “We believe that women’s capital sentences are best explained by examining the events of their lives within a larger social context, and by analyzing how those experiences—and the women themselves—were treated within the legal system,” said the authors, who include Sandra Babcock, a Clinical Professor of Law at Cornell Law School, Nathalie Greenfield, an Adjunct Professor of Law at Cornell Law School, and Kathryn Adamson, a consultant with the Center on Gender and Extreme Sentencing.

Their article provides a holistic and intersectional study of the 48 women, finding that most were mothers at the time of their arrest (85%), survivors of gender-based violence (96%), experiencing mental health challenges related to intellectual or psychosocial disabilities (80%), and without prior violent convictions (90%). 71% had no prior convictions whatsoever before they were capitally charged. The study found that many of the women were also convicted of killing someone they knew, with nearly 1/2 convicted of killing a child in their care and a 5th convicted of killing an intimate partner. Co-defendants, almost always male, were present in nearly 2/3 of cases and 61% of women had an intimate partner, mostly abusive, per trial testimony, as their co-defendant. In 1/4 of cases, the state identified the crime as being committed for financial gain as a death-qualifying aggravating factor. In addition, the women were largely defended by all-male defense teams (69%) and prosecuted under male district attorneys (96%) before male judges (88%).

“Our research underscores the failure of current theoretical approaches on gender and the death penalty to capture the nuances of women’s capital cases,” the authors state. They identify and analyze 2 theories in particular: the “chivalry theory” and the “evil woman theory.” The 1st theory attempts to explain the rarity of women on death row, constituting only 2% of the entire death row population as of January 1, 2024, by arguing that women who are capitally tried are treated with leniency due to societal attitudes. “In our view, scholars’ failure to subject the chivalry theory to meaningful critique indicates a troubling readiness to accept scholarship that reaffirms societal biases regarding gender,” the authors conclude. The second theory asserts that women whose criminal behavior does not align with sex-stereotypical assumptions (e.g., unladylike behavior) do not receive the leniency of chivalry proposed in the first theory. The authors argue that this theory is oversimplistic and discounts a number of contributing factors. “[We] propose that researchers embrace the nuances of women’s stories and situate them in the larger context of the women’s death row population.”

(source: Death Penalty Information Center)

*********************

There's A GOP Plan For An Execution Spree If Trump Wins The White House----Buried on page 554 of the plan is a directive to execute every remaining person on federal death row — and dramatically expand the use of the death penalty.

During the final six months of Donald Trump’s presidency, his administration carried out an unprecedented execution spree, killing 13 people on federal death row and ending a 17-year de facto federal execution moratorium.

Shortly after Joe Biden entered the White House, the Justice Department formally reinstated the federal execution moratorium and announced a sweeping policy review. But despite Biden’s campaign promise to work to end the federal death penalty, there has been little progress toward that goal.

Meanwhile, Trump, the GOP’s presumptive 2024 presidential nominee, has openly fantasized about executing drug dealers and human traffickers. He reportedly suggested that officials who leak information to the press should be executed, too. And behind the scenes, there’s a team of pro-Trump conservatives who are pushing for a second Trump term that involves even more state-sponsored killing than the first.

Last year, a coalition effort by conservative groups known as Project 2025 released an 887-page document that lays out policy goals and recommendations for each part of the federal government. Buried on page 554 is a directive to execute every remaining federal death row prisoner — and to persuade the Supreme Court to expand the types of crimes that can be punished with death sentences.

Gene Hamilton, the author of the transition playbook’s Department of Justice chapter, wrote that the next conservative administration should “do everything possible to obtain finality” for every prisoner on federal death row, which currently includes 40 people.

“It should also pursue the death penalty for applicable crimes—particularly heinous crimes involving violence and sexual abuse of children—until Congress says otherwise through legislation,” he wrote. In a footnote, Hamilton said that this could require the Supreme Court to overrule a previous case, “but the [Justice] department should place a priority on doing so.”

Hamilton, a former Trump DOJ and Department of Homeland Security official, played a leading role in ending Deferred Action for Childhood Arrivals — the program that provided protections against deportation for immigrants who were brought to the U.S. illegally as children — and the “zero-tolerance” border policy that resulted in separating children from their families.

Trump’s presidential campaign did not immediately respond to HuffPost’s request for comment.

The Project 2025 proposal envisions an extreme shift in how the death penalty is used in America. The 13 executions carried out at the end of Trump’s presidency marked the greatest number of federal executions in a single year since 1896. Although there are nonhomicide federal crimes, like treason, that technically carry the death penalty, every person on federal death row was convicted of crimes involving the death of a victim, according to Robin Maher, the executive director of the Death Penalty Information Center.

“A major principle of the use of the death penalty in the modern era is that we are confining the use of the death penalty to not only the worst of the worst crimes, but the very worst offenders,” Maher said. “To expand the death penalty would just be a sea change that would affect decades of jurisprudence, and I don’t think there are enough votes on the [Supreme] Court for that to happen.”

The high court has repeatedly held that carrying out the death penalty for rape would violate constitutional protections against cruel and unusual punishment — first in a 1977 case involving the rape of a woman, and again in a 2008 case involving the rape of a child. During the 2008 case, which ended in a 5-4 decision, several groups for survivors of sexual assault urged against the death penalty for child rape, arguing that it would hinder young victims’ healing process. 3 of the 4 justices who voted to allow the death penalty as punishment for chid sexual assault are still on the court, along with three other conservative justices.

Despite these Supreme Court rulings, there have been multiple state-level efforts to expand death sentences to nonhomicide cases. Last year, Florida Gov. Ron DeSantis (R) signed a bill allowing the death penalty in child rape convictions. At a bill-signing event, DeSantis said that the decision in Kennedy v. Louisiana, the 2008 Supreme Court case, “was wrong” and that his state’s new law provided a way to “challenge that precedent.” Months later, a central Florida prosecutor sought the death penalty against a man accused of raping a child, although that case ended in a plea deal resulting in a life prison sentence.

Lawmakers in Tennessee recently passed a similar bill, which awaits a signature or a veto by the governor.

In 2021, Biden became the 1st president to openly oppose the death penalty. It was a dramatic evolution for the politician who previously sponsored a landmark 1994 crime bill that included an expansion of the use of the federal death penalty. Death penalty abolition advocates hoped that the Democratic president would whip votes in Congress for a bill to end the federal death penalty or, at the very least, commute the sentences of those on death row to life in prison so that a future president could not immediately resume executions.

Instead, Biden has been noticeably silent on the issue. Although the Justice Department has paused executions and is conducting a comprehensive review of execution policies and procedures, it has also continued to fight in court against people on death row who challenge their sentences.

“There are many cases where the prisoners have been diagnosed with intellectual disability, or have shown their prosecutions were infected with racial bias, just for example,” Ruth Friedman, the Federal Capital Habeas Project director, said in an interview.

“The DOJ could be taking a fresh look at these cases and considering whether to face these failures. But instead they are vigorously fighting every one, and that’s disheartening,” she said.

“It’s terrific they are not executing anyone right now, but if they usher them all into an administration they know will, what have they done? They can and should be taking a real look at the problems in these cases.”

The Justice Department also sought a death sentence for Payton Gendron, who who killed 10 Black people at a New York supermarket. He was ultimately sentenced to life without the possibility of parole.

“I wouldn't say that the White House has been actively engaging people to support the bill [to abolish the federal death penalty].” - Rep. Adriano Espaillat (D-N.Y.)

There are multiple bills in the House and Senate that would abolish the federal death penalty, some of which have been introduced multiple times without coming to a vote. Last year, the White House declined to answer a question about whether it worked to shore up Democratic support for such legislation. The White House did not respond to questions for this story.

“I wouldn’t say that the White House has been actively engaging people to support the bill,” said Rep. Adriano Espaillat (D-N.Y.), the sponsor of one of the death penalty bills in the House. “I think their response to the death penalty issue was to implement this moratorium.”

Rep. Ayanna Pressley (D-Mass.), who has repeatedly introduced bicameral death penalty abolition legislation with Sen. Dick Durbin (D-Ill.), said in an interview that they are making progress. When she and Durbin first introduced bills in 2019, there were only 20 co-sponsors across both chambers of Congress, she said. Now, there are more than 80 sponsors total, as well as support from more than 265 organizations.

Still, that represents less than one-third of Democrats in the House and less than half of those in the Senate. Asked if she thought Biden had done all that he could to get congressional Democrats on board with the bill, Pressley said: “I don’t think it is any one person’s responsibility to advance an issue. That is the work of movement-building, and that’s what we’ve been doing. The whole reason that you continue to reintroduce legislation is to continue to bring other people along.”

“At any one time, there could be 12,000 active pieces of legislation,” Pressley continued. “Oftentimes, and I’ll include myself in this, there are bills whose sentiments I’m very much aligned with, but I just didn’t know existed.”

(source: Huffington Post)

****************

Under 1% of Catholics agree with denomination's teaching on sanctity of life issues: report

Less than 1% of American Catholics agree with all 3 of the Catholic Church's teachings on the sanctity of life issues, showing the widespread existence of what some call "cafeteria Catholics" in the United States, according to an analysis.

Researcher Ryan Burge, an associate professor of political science at Eastern Illinois University who publishes articles on a Substack called "Graphs About Religion," shared data Thursday about the beliefs of Catholics in the U.S., focusing on their views on abortion, capital punishment and euthanasia.

Burge attributed the motivation to conduct the research to comments made by Cardinal Wilton Gregory of the Roman Catholic Archdiocese of Washington, who referred to President Joe Biden as a "cafeteria Catholic" during an appearance on CBS' "Face the Nation" on March 31.

Gregory defined a "cafeteria Catholic" as someone who "chooses that which is attractive and dismisses that which is challenging." Referring to Biden, Gregory stated, "Like a number of Catholics, he picks and chooses dimensions of the faith to highlight while ignoring or even contradicting other parts." In other words, a "cafeteria Catholic" picks and chooses which parts of the faith to abide by, much like someone selecting food in a cafeteria rather than accepting all the teachings of the faith.

When investigating the phenomenon of "cafeteria Catholics," Burge discovered that "it's not just many Catholics who disagree with the teachings of the church."

"[I]n fact, if you look at the data, it's nearly all of them," he wrote.

Using data from the General Social Survey dating back to 1988, he measured the percentage of U.S. Catholics who said they did not support abortion for any reason and also opposed the death penalty and euthanasia at 0.9% in 2022.

The share of U.S. Catholics who aligned with church teaching on all 3 matters reached a high of about 7% in 1989 while fluctuating between 2.6% and 6.2% in the years since. The 0.9% of U.S. Catholics whose positions on the 3 issues matched those of the church in 2022 constituted an all-time low.

After noting the Catholic Church's teaching that "Direct abortion, that is to say, abortion willed either as an ends or a means, is gravely contrary to the moral law," Burge presented 6 graphs documenting U.S. Catholics' positions on abortion over time based on data found in the General Social Survey collected between 1972 and 2022.

3 of the 6 graphs showed that until recently, most U.S. Catholics opposed legal abortion if a woman "wants no more kids," "is not married" or "can't afford more." However, in all 3 of those cases, support for legal abortion is at about 50%, according to the most recent data.

"From the 1970s through the 1990s, the share of Catholics who would allow an abortion [if a woman doesn't want more kids] was right around 40%. Now, about 1/2 of Catholics would support an abortion in that circumstance," Burge stated. "The trend line is largely the same when Catholics are asked about electing an abortion in a situation where the woman is not married. Now, about 1/2 of Catholics would support the right of a woman to obtain a legal abortion in that case."

On the other hand, the overwhelming majority of Catholics have consistently supported legal abortion in cases where the "mother's health" is at risk, the baby was conceived as a result of rape and the baby was determined to have a "serious defect."

The most recent statistics show support for abortions in those cases hovering at around 90%, 80% and 75%, respectively. Support for legal abortion in cases where the mother's health was in danger has never dropped below 80%, while the percentage of Catholics who favored legal abortion in the other 2 cases has never dipped below 70%.

"[I]f you look at the stated opinion of rank and file Catholics on abortion, there's clear majority support for elective abortion in almost every circumstance," Burge wrote. "For instance, at least 3/4 of Roman Catholics favor a woman's right to obtain an abortion if she became pregnant due to a sexual assault. Nearly the same share are supportive of abortion if the child has a serious birth defect."

Burge shared a statement from the U.S. Conference of Catholic Bishops illustrating the Catholic Church's opposition to the death penalty, highlighting their declaration that "no matter how heinous the crime, if society can protect itself without ending a human life, it should do so." He presented a graph showing consistent majority support for the death penalty among U.S. Catholics from 1974-2022, ranging from a low of 55% in 2021 to a high of 81% in 1990, with the most recent data measuring Catholic support for the death penalty at 61%.

When looking at data about U.S. Catholics' support for euthanasia, also known as assisted suicide, Burge found that about 70% of American Catholics supported helping or letting people commit suicide in cases of incurable disease in 2022. This represented a stark increase from the 36% who expressed support for euthanasia when the question was first asked in 1977.

The Catholic Church teaches that because "direct euthanasia consists in putting an end to the lives of handicapped, sick, or dying persons," it is "morally unacceptable."

Burge noted that Catholics are not the only religious demographic that doesn't adhere to the teachings of their churches. He pointed to a poll conducted by Ligonier Ministries and Lifeway Research that asks specific doctrinal questions.

Among Evangelicals who participated in the survey, about a quarter (26%) said they don't believe the Bible is literally true. Meanwhile, more than half (56%) said that "God accepts the worship of all religions, including Christianity, Judaism, and Islam," and 43% said that "Jesus was a great teacher, but he was not God."

Research from the Cultural Research Center at Arizona Christian University's American Worldview Inventory 2024 finds that only 6% of professed Christians in the United States hold a biblical worldview.

"[T]he typical American adult is not a worldview purist but is essentially a worldview plagiarist, combining beliefs and behaviors borrowed from an average of 9 recognized worldviews into their personal worldview blend," the report stated.

(source: Ryan Foley, The Christian Post)

**************

Can we abolish the death penalty? Austin Sarat, editor of Death Penalty in Decline?, considers how attitudes about capital punishment have changed over the decades since Furman v. Georgia.

I have been studying America’s death penalty for almost 50 years. When I started doing so it seemed almost unimaginable that this country could, or would, ever give up its apparent love affair with capital punishment. In 1972, the United States Supreme Court brought a temporary halt to capital punishment in Furman v. Georgia. 4 years later, however, the Court approved new procedures for deciding on death sentences and upheld the constitutionality of the death penalty. And by the 1990s, fueled by a “tough on crime” political climate, the number of death sentences and executions steadily climbed.

I have been inspired in my work on capital punishment by what Supreme Court Justice Thurgood Marshall wrote in Furman. He believed people supported the death penalty because they did not know very much about it. Marshall argued that the more people knew about the death penalty, the less they would like it. He thought that scholars could play an important role in the work of educating the public about the grim realities of state-sponsored killing.

So I had my charge. Write about the workings of the death penalty system. Inform my fellow citizens about what the government does when it puts people to death.

I have written many books and scholarly articles about America’s death penalty. Recently, I added to my repertoire a series of op eds and commentaries designed to make my scholarship accessible to a public audience. I have not been alone in this work. Many distinguished scholars have lent their voices to the conversation about capital punishment. Lawyers, activists, and politicians have done the crucial work of mobilizing opposition to state killing.

They have alerted us to the fallibility of, and flaws in, the death penalty system. 63 % of the American public now believe that an innocent person has been executed in the past five years, and confronting the sheer fact of miscarriages of justice has led many Americans to reconsider their views about the death penalty. The fear of executing the innocent, the continuing specter of racial discrimination in the death penalty system, and the difficulties encountered with lethal injection executions have led to the perception that the death penalty system is broken from start to finish.

As a result, what was unimaginable 50 years ago is today very much on the horizon of possibility, namely that the United States may soon find a way to live without the death penalty. Indeed, it is fair to say that we are in the midst of a national reconsideration of capital punishment and on the road to its abolition. Signs of progress in the fight against capital punishment are everywhere.

Since 2007, more states have abolished the death penalty than at any other 17-year period in American history. As the Death Penalty Information Center noted in its 2022 annual report, “public support for capital punishment and jury verdicts for death remained near 50-year lows. Defying conventional political wisdom, nearly every measure of change—from new death sentences imposed and executions conducted to public opinion polls and election results—pointed to the continuing durability of the more than 20-year sustained decline of the death penalty in the United States.”

The Death Penalty in Decline? looks back over the last half-century and offers an analysis of the enduring significance of Furman. It takes up the facts of the present moment in the hope of offering a portrait of where we are on the road to abolition. It continues the work that Justice Marshall inspired.

(source: templepress.wordpress.com)

TUNISIA:

EX-MINISTER TO BE TRIED ON BOGUS CHARGES

On 16 April 2024, the Criminal Chamber of the Tunis Court of Cassation confirmed the indictment of ex-justice minister and senior Ennahdha leader Noureddine Bhiri who will now face trial on charges of “trying to change the form of the government.”

He will be tried under Article 72 of the penal code, which is punishable by the death penalty. Noureddine Bhiri is accused based on a social media post he has denied writing, which was also confirmed by expert appointed by the accusation chamber.

Since his arrest on 13 February 2023, Noureddine Bhiri has been held in pre-trial detention in the Mornaguia prison. The Tunisian authorities must immediately release Noureddine Bhiri and drop all politically motivated charges against him.

TAKE ACTION: WRITE AN APPEAL IN YOUR OWN WORDS OR USE THIS MODEL LETTER

President of the Republic Kais Saied

Route de la Goulette

Site archéologique de Carthage, Tunisie

Email: contact@carthage.tn

Twitter: @TnPresidency

Your Excellency,

I write to you express my grave concern about the prolonged arbitrary detention of ex-justice minister and senior Ennahdha official Noureddine Bhiri, now held on politically motivated charges over a social media post he did not write. On 13 February 2023, security forces violently arrested Noureddine Bhiri while he was at his home in Tunis without providing an official warrant. According to his wife, who witnessed the incident, security forces subjected Noureddine Bhiri to beatings which to led to grave injuries. On 15 February, he had to be transported to Charles Nicolle hospital in Tunis to undergo a surgical operation for over four hours on his shoulder according to a medical report consulted by Amnesty International. Following his arrest, Noureddine Bhiri also experienced respiratory issues and had to be transported to the Rabta hospital where was hospitalized for four days in the resuscitation service from 25 February 2023 to 1 March. Doctors discovered that he had four fractured ribs on his left side also according to a medical report shared with Amnesty International.

On 14 February, Noureddine Bhiri appeared before a Tunis court investigating judge who charged him with trying to "change the form of the government; or inciting people to take up arms against one another; or provoking disorder, murder, or pillage on Tunisian soil," punishable by death under Article 72 of the Penal Code. The charges are related to public remarks made on Facebook. When questioned by the investigative judge, Noureddine Bhiri repeatedly denied that he had written the social media post. Additionally, the technical expert requested by the accusation chamber concluded that the post was not written by the defendant. The Court of Cassation rejected his appeals and now he will now stand trial for the social media post that he did not write. Yet even if Noureddine Bhiri had been the author of the post, he should have never been detained or prosecuted in the first place. The post, reviewed by Amnesty International, is a form of freedom of expression, which is protected under international human rights law, including Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and political rights (ICCPR) to which Tunisia is a state party.

I urge you to immediately release Noureddine Bhiri and drop all bogus charges against him. Pending his release, I urge you to ensure that he receives any medical treatment he may require and continue to allow him regular visits from his family and lawyers. Moreover, I call on you to cease your targeted arrests of critics for the peaceful exercise of their human rights including the rights to freedom of expression, peaceful assembly.

Yours sincerely,

Third UA: 2/22 Index: MDE 30/8033/2024 Tunisia Date: 8 May 2024

ADDITIONAL INFORMATION

Noureddine Bhiri (64) is a leading member of Ennahda and former Minister of Justice from 2011 to 2013 who served under a coalition government created following the ouster of long-time ruler Zine el Abidine Ben Ali on 14 January 2011. Noureddine Bhiri is a lawyer and standing member of the Tunisian Bar Association. He had also previously served as vice-president of Ennahdha, the main political party in Tunisia with a majority in parliament before President Kais Saied suspended it on 25 July 2021 citing emergency powers under Article 80 of the Constitution. The party has criticized President Saied's concentration of powers since the July 2021 suspension of parliament, calling it a coup.

The arrest of Noureddine Bhiri on 13 February 2023 and his subsequent detention stem from critical online remarks that the authorities claim he had posted on 8 January 2023 on his private Facebook page, around the time of a demonstration organized by members of the National Salvation Front, an opposition coalition. A copy of the Facebook post was shared with Amnesty International by a member of his defence team. In the post, he calls for “peaceful resistance against the coup”. He says that “people shouldn’t be afraid of the coup and that they need leadership”. Additionally, Noureddine Bhiri denied being the author of the social media post. In any case, the speech in the Facebook post, which is no longer available online, is fully protected by international human rights law.

Noureddine Bhiri is currently held in Mornaguia prison under the accusation of “trying to change the form of government” and “inciting violence” under Article 72 of the Penal Code. If convicted, he could face the death penalty.

He has long suffered from diabetes and a high blood pressure, and normally takes regular medication for both ailments. His health is at risk. Under international human rights law, and specifically the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and Peoples’ Rights to which Tunisia is a state party, everyone has the rights to freedom of expression and freedom from arbitrary detention.

Noureddine Bhiri had already experienced arbitrary arrest and house arrest when men in civilian clothing arrested him and another man Fathi Beldi, a former Interior Ministry official, on 31 December 2021 and held them both at undisclosed locations for two days. Authorities subsequently placed both men under house arrest. On 7 March 2022, the Ministry of Interior lifted the house arrest and Tunisian authorities eventually filed no formal charges against both men. On 25 July 2021, President Saied claimed emergency powers that he said were granted to him by Tunisia's 2014 Constitution. Since then, authorities have opened criminal investigations against at least 74 opposition figures and other perceived enemies of the president, including at least 44 people accused of crimes in connection with the peaceful exercise of their human rights.

On 25 July 2021, President Saied claimed emergency powers that he said were granted to him by Tunisia's 2014 Constitution. Since then, authorities have opened criminal investigations against at least 74 opposition figures and other perceived enemies of the president, including at least 44 people accused of crimes in connection with the peaceful exercise of their human rights.

PREFERRED LANGUAGE TO ADDRESS TARGET: Arabic, English and French.

You can also write in your own language.

PLEASE TAKE ACTION AS SOON AS POSSIBLE UNTIL: 3 July 2024.

Please check with the Amnesty office in your country if you wish to send appeals after the deadline.

NAME AND PRONOUN: Noureddine Bhiri (he/him).

LINK TO PREVIOUS UA: https://www.amnesty.org/en/documents/mde30/7257/2023/en/

(source: Amnesty International)

KENYA:

Gov’t In Talks With Saudi For Stevo's Capital Punishment Extension- PS Sing’oei

Foreign Affairs Principal Secretary Korir Sing’oei has revealed that the Kenyan government is engaging Saudi Arabia to extend a death penalty deadline for a 50-year-old Kenyan Stephen Bertrand Munyakho.

Speaking on Citizen TV’s JKLive Show on Wednesday, PS Sing’oei said that his ministry through the Saudian envoy to Kenya Mohammed Ramadhan Ruwange was engaging his counterparts to negotiate for an extension to the May 15 deadline, where the accused is required to raise approximately Ksh.150 million or face execution.

He averred that his ministry was confident of securing an extension since they demonstrated the willingness of the accused to pay with the Ksh.7 million raised so far.

“The circumstances that this gentleman is in are dire. When this case was brought to our attention, we instructed our Ambassador in Saudi Arabia Mohammed Luwaje to re-engage because we believe the door is not quite shut yet...even though it is a great thing for Kenyans to rally together to try and raise the Ksh.150 million we think there are diplomatic pathways we can try to resolve this issues,” he said.

“Based on the engagements of our Ambassador in Saudi today, we strongly believe that that deadline might be extended particularly when we demonstrate to the court that efforts have been rolled out to try and mobilize some resources to be able to meet this family mid-way.”

Despite reiterating the grave nature of the crime allegedly committed by Munyakho more than 10 years ago, the PS pointed out that the judgement by the Saudian government was ‘egregious’ in nature which ultimately gave the accused no chance of raising the required amount.

He thus noted that the government was committed to saving its citizens by trying to get a better solution to the terms given by the Saudian court.

“This is a case that has been in the books for a number of years…this young man (Stevo) inadvertently occasioned the death of another. Under the laws of Saudia Arabia, the penalty is either you pay blood money by way of compensation or there is capital punishment,” he noted.

“Today as a matter of fact our Ambassador had a meeting with his Saudi counterparts and a conversation has commenced. Our hope is that within the next couple of weeks, we will be able to know the direction. Most likely there will be an opportunity to go back to court for a review of this penalty because look at it, it is egregious, it is almost unattainable as if you have no option but to go through the death penalty.”

In the case which has Munyakho’s family struggling to raise approximately Ksh.150 million to save him from execution, only Ksh.7 million has been raised through crowdfunding in Kenya and Saudi Arabia.

Munyakho is said to have unfortunately caused the death of a Yemeni national Abdul Halim following an altercation in 2011 while working as a warehouse manager in Saudi Arabia. He was imprisoned at the time.

Initially charged with manslaughter, Munyahko's legal battle took a turn for the worse when the victim's family successfully appealed, escalating the charges to murder.

The Yemeni family demanded Ksh. 400 million in "blood money," which was later reduced to Ksh. 150 million after negotiations with Munyakho's family.

The family has set up 2 payment options: direct transfers to Munyahko's mother, Dorothy Musopole, via Mpesa at 0702-878-717, or through the designated Paybill number: 8056675, under the account name "Lets Bring Back Stevo."

(source: citizen.digital)

UNITED KINGDOM:

When was the death penalty last used in the UK?----With capital punishment in the news again after support from new Tory deputy chairman Lee Anderson, here is when the death penalty was last used in Britain.

The death penalty is back in the news after new Tory deputy chairman Lee Anderson said he would support its return because “nobody has ever committed a crime after being executed”.

In an interview with The Spectator magazine a few days before his appointment, Ashfield MP Anderson said he would support the UK reintroducing capital punishment.

He said: "Nobody has ever committed a crime after being executed. You know that, don’t you? 100% success rate."

Anderson argued that heinous crimes — such as the murder of Fusilier Lee Rigby in 2013 by Islamist extremists Michael Adebolajo and Michael Adebowale — where the perpetrators are clearly identifiable should be punished by execution.

Labour MP Chris Bryant criticised Anderson, tweeting: "The death penalty doesn’t work. It makes juries reluctant to convict so guilty parties get off.

"DNA and CCTV may establish someone’s presence at the scene but not their intent or the full picture. We now know conclusively of cases of false convictions and executions."

When was the death penalty abolished in the UK?

The last men to be hanged in Britain had killed a laundry company driver – bludgeoning and stabbing him to death for money.

The 2 men – Peter Anthony Allen and Gwynne Owen Evans – were led from their separate cells and hanged at eight o’clock in the morning.

They were the last people to be executed in Britain, dying in 1964 – and some have suggested that just a few weeks delay would have saved them from the noose.

It was on this day in 1969 when MPs voted to abolish the death penalty permanently in Britain (after it had previously been suspended in 1965).

It was the culmination of a long campaign: Labour MP Sydney Silverman had attempted to pass legislation in 1956 abolishing the death penalty, but failed.

The 1957 Homicide Act restricted the death penalty to certain kinds of murder (such as killing a police officer).

Allen and Evans died because their murder had been committed ‘in the furtherance of theft’.

Previously, the death penalty had been the default sentence for any murder, administered by hanging.

Professional executioner Albert Pierrepoint – who was famous for hanging war criminals such as ‘Lord Haw Haw’ – prided himself on taking just 12 seconds from the moment he entered the condemned man’s room to their death as they fell through a trapdoor and broke their spine.

The Murder (Abolition of the Death Penalty) Act passed in 1965 after it was introduced as a private members bill by Silverman, but found support from all 3 parties.

In 1969, when MPs voted to make it permanent, home secretary James Callaghan told the House that the number of murders in Britain had not gone up after the abolition of capital punishment.

He said, "These figures show that the murder rate is not soaring as a result of the abolition of capital punishment but remains remarkably stable."

But Conservative MP Mr Duncan Sandys claimed that there had been a rise in capital murders - and warned of a coming tide of ‘armed gangsterism’.

Sandys claimed to have a million signatures in support of resuming capital punishment.

He said, "We have a duty to give the fullest consideration to the clearly expressed wishes of those we represent.

"We have no right to assume that the firmly held views of the overwhelming majority of the British people are unworthy and misguided."

“Recent opinion polls show that over 80% of those questioned want capital punishment restored. Many who previously supported abolition have now changed their minds, and they include honourable Members of this House.”

The act still allowed executions for high treason, ‘piracy with violence’, espionage and arson in the royal dockyards.

When the Human Rights Act came into force in 1998, the death penalty was fully banned under UK law.

(source: uk.style.yahoo.com)

BANGLADESH:

Youth gets death for raping schoolgirl in Rangpur

A court in Rangpur has sentenced a young man to death for raping a sixth-grader in Mithapukur upazila of the district.

The condemned convict, Lavlu Mia alias Loyet, 23, is a resident of Zafarpur village in the upazila.

The district Women and Children Repression Prevention Tribunal-1 Judge Md Mostafa Kamal delivered the verdict on Thursday.

The case statement and court sources said Loyet raped the schoolgirl, Sathi, on September 1, 2021.

On September 3, her father filed a case against Loyet, and police, later, arrested him.

Following the case filing, Motiar Rahman and Lovely Begum, parents of the accused, scolded the victim, threatened to kill her, and defamed her character.

Being unable to tolerate the stresses, Sathi consumed poison on September 25 of the same year.

Later, she was rushed to Rangpur Medical College Hospital where the on-duty doctors declared her dead.

Sathi's father lodged another case against Loyet's parents for alleged abetment to suicide which is under trial.

However, the court's public prosecutor (PP) Rafique Hasnain said they are satisfied with the verdict and demanded its quick execution.

(source: jagonews24.com)

SINGAPORE:

Death penalty’s key role in drug war

THE city-state is waging a war against drugs, and thousands will suffer if the country does not put up a fight or loses the war, said Home Affairs Minister K. Shanmugam.

Delivering a ministerial statement in Parliament on May 8 on Singapore’s drug control approach, he cited several drug-related crimes here that resulted in the deaths of people at the hands of their loved ones who had abused drugs.

Quoting statistics from the World Health Organisation and World Drug Report on the lives lost to drug use, Shanmugam said: “These are not just statistics; they are the lives of fathers, mothers, brothers, sisters, sons, daughters.

“That is why I use the analogy of war. I am talking about a war against those who profit off the drug trade at the expense of hundreds of thousands of innocent lives.”

Shanmugam, who is also Law Minister, said he delivered the statement in the wake of criticism against Singapore’s drug control policy by individuals helping inmates to abuse the legal process.

In 2019, Singapore changed its policy towards drug abusers. Now, those who only abuse drugs without committing other offences are sent for treatment and do not get a criminal record.

But while Singapore tries to help abusers, it is tough against drug traffickers, said Shanmugam.

In the 51-minute speech, the minister painted a grim picture of how the drug trade has affected the security and lives of citizens in countries such as the United States, Sweden and Belgium.

He said that in the last decade, there have been hundreds of shootings, fires and bombings in Antwerp, Belgium, many of which were linked to gang- related violence for a piece of the cocaine trade.

He cited examples of how relaxed drug possession laws in San Francisco and Oregon led to higher drug overdose deaths.

That is why the death penalty is an effective deterrent in the war against drugs, said Shanmugam.

After it was introduced for trafficking more than 1.2kg of opium in 1990, there was a 66% reduction in the average net weight of opium trafficked in the subsequent 4 years.

The minister said it is not easy for policymakers to decide to have capital punishment.

“But the evidence shows that it is necessary to protect our people, prevent the destruction of thousands of families and prevent the loss of thousands of lives,” he said.

He cited four cases in Singapore of the harms of drug abuse, including a man who stabbed his mother to death and punched his grandmother till she died, while under the influence of LSD, a hallucinogenic drug.

In recent years, large groups of death row inmates have jointly filed applications to the court after all avenues of appeal and clemency have been exhausted.

To deal with this situation, the new Post-Appeal Applications in Capital Cases Act will require death row inmates to seek permission from the Court of Appeal before filing further applications to delay their executions after they have exhausted their appeals.

The law was passed by Parliament in 2022 and is expected to come into force within a few weeks, said Shanmugam.

(source: The Straits Times)

INDONESIA:

Medan Court Sentences 3 Drug Traffickers to Death

The Medan District Court on Wednesday found 3 defendants, including a woman dubbed the "drug queen" by local media, guilty of trafficking and sentenced them to death.

Hanisah, also known as Nisa Binti Abdullah, her husband Al Riza, and co-defendant Maimun were convicted of trafficking at least 52 kilograms of methamphetamine and 129 kilograms of ecstasy pills.

Three co-defendants, Narul, Hamzah, and Mustafa, were sentenced to life imprisonment.

Presiding Judge Abdul Hadi Nasution said the court found no mitigating factors to consider leniency for the 6 defendants.

The defendants were found guilty of committing an "extraordinary crime" with substantial physical evidence against them, the judge said.

The country's tough anti-drug law stipulates the death sentence for trafficking more than 5 kilograms of plant-based narcotics or more than 5 grams of non-plant-based illicit drugs.

In previous hearings, prosecutors recommended the death penalty for all 6 defendants.

Two other suspected members of the drug ring, identified as Salman and Erul, remain at large.

According to court documents, Hanisah and Maimun were offered payments for smuggling drugs from Malaysia to the Sumatran cities of Medan and Palembang during a meeting with suspected drug suppliers Salman and Erul in the neighboring country on October 22, 2022.

They were promised a payment of Rp 5 million for every pack of meth and Rp 10,000 for every ecstasy pill smuggled to Sumatra.

As a start, the drug suppliers gave them Rp 339 million (around $21,000) to buy a car and rent a warehouse on Sunggal Street in the district of Medan Sunggal, Medan.

Hanisah enlisted her husband, Al Riza, to supervise the warehouse.

On the morning of August 8 last year, police raided the warehouse only hours after it received deliveries of a large amount of meth and ecstasy pills.

The police's anti-narcotics squad discovered the meth concealed in 50 packs of Chinese tea weighing 52 kilograms and 70 plastic bags containing ecstasy pills totaling 129 kilograms.

(source: Jakarta Globe)

PHILIPPINES:

EDITORIAL — Death penalty for dumping garbage

This is definitely one for the books.

The officials of Barangay Calaba in Bangued Town in Abra were recently ordered suspended by their mayor. For what offense? Grave misconduct, grave abuse of authority, gross neglect of duty, gross dishonesty, and conduct prejudicial to the best interest of the service.

The reason? Last February the barangay officials crafted a barangay ordinance setting the penalties for illegal dumping at 1,000 for the 1st offense, 1,000 and 8 hours of community service for the s2nd offense, and getting shot for the 3rd offense.

Yes, you read that right. 3rd-time offenders of their ordinance against illegal dumping of garbage will get the death penalty.

There is no doubt as to how funny this story is. Imagine a barangay deciding it has the power of life and death over its constituents. Sure, illegal dumping of garbage is an offense, but surely not one that we must kill an offender over.

We aren’t sure how the barangay officials came up with this idea or how they even unanimously agreed to it. Did they think this up during a drunken binge and just forgot about it the next day? Or are they that desperate when it comes to preventing dumping of garbage in their barangay?

The humor aside, this is also a sad story. Sad because it seems to show the caliber of some of our elected officials, sad because some people in public office don’t know the limits of their power, or seem to be unfamiliar with the extent of their authority over their constituents, or don’t know that there are limits to the laws that they can craft.

Only a court of law can hand down a death penalty and only for the most heinous of crimes. And that was way back when the death penalty was still a law. And the death penalty has been abolished in the Philippines.

It’s sad when those who are supposed to craft or enforce the laws are not familiar with them. We are glad that those officials were only at the barangay level and that their superiors found out what was wrong. Imagine if someone higher up in the government hierarchy, say in the Lower House or in the Senate, actually crafted a law that gave them the power over who lives or who dies over something so trivial?

(source: Editorial, PHilippine Star)

MALAYSIA:

4 Johoreans sentenced to death for drug trafficking in Sabah

4 Johoreans have been given the death penalty after they were found guilty of trafficking 50kg of drugs while travelling into Sandakan in 2020.

High Court Judge Datuk Celestine Stuel Galid delivered the verdict following the conviction of Chu Shan Yuen, 22, Liew Zheng Da, 24, Fong Wei Hong, 26 and Meng De Xuan, 23, under Section 39B Dangerous Drug Act 1952.

The judge handed the sentence after listening to mitigation from both sides.

"After hearing submissions from both parties, the court noted the substantial quantity of drugs, the severity of the offence, and taking into account public interest in combating drug trafficking,” she said.

According to the charge, the RM2.08mil worth of drugs were found by the Customs that were separately concealed in each of their luggage upon arrival at the Sandakan airport on June 23, 2020.

They had arrived on a commercial flight from Kuala Lumpur.

At the time of their arrest, Chu, aged 18 then, possessed 8.6899kg of drugs; Liew, aged 20, carried 8.158kg; Fong, aged 22, had 8.5237kg, while Meng, aged 19, was found with 8.9116kg.

Royal Customs Department deputy prosecutor Nabilla Najjeeha Najmuddin prosecuted while the 4 were represented by lawyer Dominic Chew.

(source: thestar.com.my)

TAIWAN:

Convict’s death sentence for murder commuted to life

The Kaohsiung branch of the High Court on Tuesday commuted a local man’s death sentence to life imprisonment after a 4th retrial.

Liu Chih-ming robbed and killed a woman, surnamed Chen, near Haluo Market in Kaohsiung’s Zuoying District on Dec. 3, 2014, the court said.

Liu had been riding a scooter to visit his former girlfriend, hoping to reconcile, court documents from previous trials showed.

He was carrying a hammer and planned to threaten her if she refused, the documents said.

However, he could not find his girlfriend, they said.

Later, he saw a woman who had just finished grocery shopping at the market and was getting into her car, they said.

He attacked the woman, surnamed Chen, with the hammer, planning to steal the vehicle to continue his search, but a lock on the controls prevented him from driving it, they said.

Liu struck Chen on the head 13 times, they said.

Unable to take the vehicle, he raped the woman and took NT$2,000 from her purse, the documents said.

Police found the body of Chen, a retired teacher, in the vehicle, they said.

Liu was sentenced to death in all 4 previous verdicts.

However, after the Supreme Court sent the case back to the Kaohsiung court 4 times upon appeals, it ruled that Chen was a random target of Liu.

As Liu did not deliberately target her, his crime does not fit the category of “most serious crimes” according to the International Covenant on Civil and Political Rights, the Kaohsiung court said, adding that the death penalty can only be implemented under such circumstances.

There was a lack of evidence — his confession to having taken the money notwithstanding — to show that Liu stole NT$2,000 from Chen, it said.

Moreover, it is difficult to be certain that he intended to kill Chen, the previous verdicts said.

The results of psychological assessments and pre-sentence investigations showed that Liu could be rehabilitated, so his sentence was commuted to life in prison and disenfranchisement for life, it said.

The ruling can be appealed.

A 10-year sentence for rape was established in previous rulings.

Chen’s husband, surnamed Chang, yesterday said that he would do everything in his power to fight for justice for his wife.

Liu cut the hammer shorter to make it easier to carry, indicating that he did plan to kill someone, Chang said.

Liu ascertained that his wife was alone, followed her and waited for her to get in the vehicle before acting, Chang said.

“Does that not count as planning” to kill her? he asked.

Chang asked why the Kaohsiung court said there was a lack of evidence that Liu stole from his wife.

It asked the family to produce evidence of the exact amount stolen, even though Liu himself admitted to stealing about NT$2,000 during the investigation, Chang said.

Moreover, a Kaohsiung Veterans General Hospital report said that there is a high possibility Liu could commit sexual offenses again in 15 years, while Kaohsiung Municipal Kai-Syuan Psychiatric Hospital said that he does not have mental health problems, all of which the court ignored, Chang said.

Liu has three lawyers from the Legal Aid Foundation, while Chang initially only had one from the Association for Victim Support, he said.

Even after hiring a second lawyer, he still has less representation than Liu, he said.

In countries where the death penalty has been abolished, there is often the option of life imprisonment without parole to ensure that perpetrators cannot re-enter society, but in Taiwan, a life sentence comes with the possibility of parole, which not only fails to provide closure for victims and their families, but adds to their fear, he said.

Taiwan is not ready to abolish the death penalty, Chang said.

(source: taipeitimes.com)

IRAN----executions

Execution in Tabriz for Drug-Related Convictions

On May 7, 2024, an individual identified as Hassan Moharrer was executed in Tabriz Prison for drug-related offenses.

Moharrer had previously been convicted by the Revolutionary Court on charges related to narcotics.

No official sources or domestic media outlets within the country have provided coverage of this execution at the time of writing.

The reports from the Department of Statistics and Publication of Human Rights Activists for the year 2023 reveal a concerning prevalence of executions for drug offenses in Iran, constituting 56.4% of the total executions.

(source: en-hrana.org)

******************

Death Sentence for Toomaj Salehi Condmened by Rights Advocates

Dissident Iranian rapper Toomaj Salehi’s death sentence has been condemned by human rights ambassadors from across Europe.

In a statement calling for the “immediate release” of the 33-year-old singer, the rights advocates urged Iran to “refrain from using capital punishment as a means to suppress critical voices”.

They wrote: “We, the European Human Rights Ambassadors, strongly condemn the death sentence of songwriter and rapper Toomaj.

“Toomaj Salehi is one of the many powerful voices supporting the peaceful protests following Zhina Mahsa Amini's death and demanding freedom and rights for women and girls in Iran.

“Toomaj Salehi's sentencing takes place in a context of severe restrictions against artistic freedom and other forms of expression in Iran, and the continued use of the death penalty as a tool to instill fear and stifle dissent.”

Hillel Neuer, Executive Director of UN Watch, a Geneva-based NGO, tweeted the statement from the human rights ambassadors from 11 European countries, including France, Germany, Spain and the UK.

Salehi was arrested after voicing his support for the protests which erupted across Iran after the death in Mahsa Amini in the custody of the morality police in 2022. The Iranian regime killed over 500 protesters and arrested thousands during the demonstrations.

The singer was sentenced to more than 6 years in jail in July 2023 only to be released on a technicality last November. He was quickly rearrested and last month was given a death sentence by a revolutionary court in Isfahan, sparking a global outcry and demonstrations in Europe and North America, amid continued outrage over the use of capital punishment by the Iranian government in political cases.

(source: iranintl.com)

***************

Fariba Mohammad Zehi hanged in the Central Prison of Kerman

3 Baloch prisoners, including a woman, Fariba Mohammad Zehi, were hanged this morning at dawn on Wednesday, May 5, 2024, in the Central Prison of Kerman. Fariba Mohammad Zehi came from Zahedan, the capital of the deprived Sistan and Baluchistan province, in southeastern Iran. She was arrested three years ago on drug-related charges and sentenced to death.

Fariba Mohammad Zehi is the seventh woman executed since January 2024.

Last month in April, the clerical regime executed 3 women.

According to the information compiled by the Women’s Committee of the National Council of Resistance of Iran, with the execution of Fariba Mohammad Zehi, the number of women executed in Iran since 2007 has reached 236.

Record holder of executions of women

The Iranian regime is the world’s top record holder of executions of women.

No government in the world has executed so many women. The list does not account for the tens of thousands of women executed in Iran on political grounds.

The NCRI Women’s Committee previously mentioned that many of the women executed by the mullahs’ regime are themselves victims of domestic violence against women and have acted in self-defense.

An average of 15 women were executed every year under the former government in Iran.

However, 26 women were executed under Raisi government in 2023, which is 11 more than the previous average.

The NCRI Women’s Committee calls on the United Nations, the European Union, and other relevant international organizations to take urgent action to save the lives of those on death row and stop the use of death penalty in Iran.

(soruce: women.ncr-iran.org)

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The transfer of 7 prisoners to solitary cells for the execution of their death sentences

On Tuesday, May 7, 2024, 7 prisoners in Urmia, Qazvin, and Kerman prisons were transferred to individual cells in preparation for the execution of their death sentences, all in a single day. Among these prisoners, a female inmate has also been observed.

On Tuesday, May 7, 2024, four prisoners in Urmia prison were transferred to individual cells for the execution of their death sentences. These 4 prisoners had previously been sentenced to death for drug-related charges. The Iran Human Rights Monitor (Iran HRM) is striving to gather more information regarding these prisoners and their identities. The transfer of these prisoners to individual cells for the execution of their death sentences has taken place.

On the same day, May 7, 2 prisoners in Karaj’s Ghezel Hesar Prison were transferred to individual cells for the execution of their death sentences. One of these prisoners had previously been sentenced to death for drug-related charges, while the other prisoner had been condemned to death for murder. The identities of these 2 prisoners are currently being investigated by Iran HRM (Iran Human Rights Monitor).

On the same date, May 7, a female prisoner was also transferred to an individual cell for the execution of her death sentence. This female prisoner had previously been sentenced to death for drug-related charges. The Iran Human Rights Monitor (Iran HRM) is making efforts to obtain the identity of this female prisoner.

(source: iran-hrm.com)

*************

3 People Including Woman Executed in Kerman

Abdollah Ozbekzehi, Khalilollah Barahouyi and Fariba Mohammadzehi were executed for drug-related charges in Kerman Central Prison.

According to HRANA news agency, 2 men and a woman were executed in Kerman Central Prison on 8 May. Their identities have been reported as 33-year-old Fariba Mohammadzehi, Abdollah Ozbekzehi and Khalilollah Barahouyi. They were sentenced to death for drug-related charges by the Revolutionary Court. They were all Baluch minorities.

At the time of writing, their executions have not been reported by domestic media or officials in Iran.

Drug-related executions have continuously risen every year since 2021. According to IHRNGO’s 2023 Annual Report on the Death Penalty, at least 471 people were executed for drug-related charges, an 84% increase compared to 2022 (256) and about 18 times the average of drug-related executions in 2018-2020.

On 10 April 2024, 80+ Iranian and international organisations and groups called for joint action to stop drug-related executions, urging UNODC to make “any cooperation with the Islamic Republic contingent on a complete halt on drug-related executions.”

********************

Hassan Moharar Executed in Isfahan----2 other drug defendants were transferred for execution with Hassan Moharar but there is no information about their fate at the time of writing.

Hossein Moharar was executed for drug-related charges in Urmia Central Prison.

According to information obtained by Iran Human Rights, a man was executed in Urmia Central Prison on 7 May. His identity has been established as 30-year-old Hassan Moharar who was sentenced to death for drug-related charges by the Revolutionary Court.

An informed source told IHRNGO: “Hassan Moharar was arrested for drug charges around 5 years ago.”

2 other drug defendants were transferred for execution with Hassan Moharar but there is no information about their fate at the time of writing.

At the time of writing, his execution has not been reported by domestic media or officials in Iran.

Drug-related executions have continuously risen every year since 2021. According to IHRNGO’s 2023 Annual Report on the Death Penalty, at least 471 people were executed for drug-related charges, an 84% increase compared to 2022 (256) and about 18 times the average of drug-related executions in 2018-2020.

On 10 April 2024, 80+ Iranian and international organisations and groups called for joint action to stop drug-related executions, urging UNODC to make “any cooperation with the Islamic Republic contingent on a complete halt on drug-related executions.”

****************

Hossein Bayazidi Executed in Isfahan----Hossein Bayazidi was a father of 3 who had been arrested for drug charges around 3 years ago.

Hossein Bayazidi was executed for drug-related charges in Isfahan Central Prison.

According to information obtained by Iran Human Rights, a man was executed in Isfahan (Dastgerd) Central Prison on 5 May. His identity has been established as 51-year-old Hossein Bayazidi who was sentenced to death for drug-related charges by the Revolutionary Court.

An informed source told IHRNGO: “Hossein Bayazidi was a father of 3 who had been arrested for drug charges around 3 years ago.”

At the time of writing, his execution has not been reported by domestic media or officials in Iran.

Drug-related executions have continuously risen every year since 2021. According to IHRNGO’s 2023 Annual Report on the Death Penalty, at least 471 people were executed for drug-related charges, an 84% increase compared to 2022 (256) and about 18 times the average of drug-related executions in 2018-2020.

On 10 April 2024, 80+ Iranian and international organisations and groups called for joint action to stop drug-related executions, urging UNODC to make “any cooperation with the Islamic Republic contingent on a complete halt on drug-related executions.”

********************

Reza Shirzehi and Majid Hajbari Executed in Karaj----Khosro Besharat and Faramarz Tayebakhsh are currently awaiting the gallows in the pre-executions cells of Ghezelhesar Prison

State media reported the executions of Reza Shirzehi and Majid Hajbari for murder charges in Ghezelhesar Prison. Political prisoner Anwar Khezri was previously reported to have been executed that day. Khosro Besharat and Faramarz Tayebbakhsh are currently awaiting the gallows at the prison.

According to Javan Online, 2 men were executed in Ghezelhesar Prison on 1st May. Their identities have been reported as Bahador and Keyvan who were sentenced to qisas (retribution-in-kind) for murder.

Iran Human Rights has established their identities as Reza Shirzehi and Majid Hajbari. The Islamic Republic has a history of changing religious to non-religious ones.

IHRNGO previously reported the execution of Kurdish-Sunni political prisoner, Anwar Khezri at the prison that day. This brings the number of executions to 3 that day.

Anwar’s co-defendant, Khosro Besharat and Faramarz Tayebakhsh are currently awaiting the gallows in the pre-executions cells of Ghezelhesar Prison. Khosro had the last visit with his family on 5 May.

Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness.

In 2023, at least 282 people including 2 juvenile offenders and 15 women, were executed for murder charges, the second highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.

*******************

5 Men at Risk of Execution in Isfahan----Their executions are due to be carried out in the next hours if they cannot obtain extensions in their cases.

Mahmoud Atayi-Nakuabadi, Massoud Astaki, Jafar Hosseinzadeh, Majid Rezaei and Mostafa Agha Mohammadi have been transferred to solitary confinement in prepration for their executions in Isfahan Central Prison.

According to information obtained by Iran Human Rights, five men were transferred to solitary confinement in preparation for their executions in Isfahan Central Prison. Their identities have been established as Mahmoud Atayi-Nakuabadi, Massoud Astaki, Jafar Hosseinzadeh, Majid Rezaei and Mostafa Agha Mohammadi. They were sentenced to qisas (retribution-in-kind) for murder.

Their executions are due to be carried out in the next hours if they cannot obtain extensions in their cases.

Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness.

In 2023, at least 282 people including two juvenile offenders and 15 women, were executed for murder charges, the second highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.

(source for all: iranhr.net)

MAY 8, 2024:

GEORGIA:

Legal experts on possibility of death penalty in Little Caesars shooting----Daquan Harris shot and killed Joey Dorminey at Little Caesars in Lee County on Friday, May 3

On Tuesday, May 7, family and friends are gathered at Mathews Funeral Home in Albany to remember 48-year-old Joey Dorminey who was killed on the job in Lee County.

Seeking the death penalty is a very lengthy litigation, Attorney Chris Cohilas explains it as being very complicated.

The death penalty was mentioned by the judge when Daquan Harris appeared in court on Monday, May 6.

“It’s a decision that’s difficult to make,” he said.

Cohilas says he has sought the death penalty in a case, but it didn’t go to trial, ultimately ended up pleading out.

It is a very heavy decision that district attorneys or prosecutors must make, but there are a series of steps prosecutors or da’s must take like first serving a notice of intent to seek the death penalty once a person has been indicted.

“That notice of intent has to identify the statutory aggravating factors that the district attorney intends to prove,” Lee County District Attorney Lewis Lamb said.

Death penalty litigation is not something you can put a number on, but the majority of the cases where the death penalty is sought later end up in a plea.

“However a lot of things have changed in Georgia. It used to be you could not get life without the possibility of parole unless you sought the death penalty, now that is a possibility,” Cohilas said.

The death penalty must not only be imposed by the judge, but also by the jury, by making a finding at trial that one or more certain aggravating factors exist.

“It involves a lot of factors, it involves what happened in the underlying murder, whether or not other crimes were committed, and also how provable the case is, as well as input from the victim’s family,” he said.

Speaking to those aggravating factors, there are a litany of factors but the most common ones that come up, such as if a person has been previously convicted or if the murder occurs during the commission of another offense such as armed robbery or rape.

There are no aggravating factors in Harris’ case at this time. It is unknown if the district attorney will seek the death penalty.

(source: WALB news)

FLORIDA:

He Was Exonerated, But The Conviction Was Expunged----Meet Herman Lindsey. He was exonerated, but 15 years later, he's still got a conviction on his record that stops him from renting an apartment, getting a job, and lots more.

Meet Herman Lindsey. He was convicted of a capital crime that he did not commit in 2006. The jury wasn’t even unanimous in their decision to put him to death. They were divided 8–4. Four of the jurists disagreed with the eight who believed that Herman should be executed. That’s right, you're getting to what we are going to talk about. Herman Lindsey was wrongfully convicted of a crime that put him on death row, despite a jury's split decision.

I met Herman Lindsey at a Death Penalty Focus dinner recently and asked if he’d share his story with the LA Progressive.

It’s hard to grapple with the idea that a non-unanimous jury can sentence a person to death, but that was the law in Florida at the time. And Florida was where the crime was committed, just not by Herman. The law changed to require a unanimous jury in 2017. However, Florida has now reinstated death penalty non-unanimous juries!

Only 2 states—Florida and Texas—keep prisoners on death row when a jury is deadlocked. It should come as no surprise that Florida has more death row exonerations than any other state, with nearly all of the exonerated cases involving non-unanimous jury sentences to execute.

Herman has spoken on this issue a lot. He says that when he first arrived on death row, he was scared. Like many people, he thought the individuals on death row were the worst of the worst—monsters. But he learned shortly after his arrival, that the guys on death row were just regular people. Which reminds me of something I’ve heard legendary civil rights attorney Bryan Stevenson say many times. Bryan Stevenson is a renown civil rights attorney and the author of Just Mercy. He says, “I believe that each person is more than the worst thing they’ve ever done.”

But Herman spent 3 years on death row for a crime he did not commit. And that is what this interview addresses. What happens after you’ve been exonerated?

Well, in Herman’s case, not a whole lot. Herman tells us that in 2009, the Florida Supreme Court decided unanimously that there wasn't enough evidence to convict him—that’s right, he shouldn't have been found guilty. Today, he is the 23 inmate released from Florida's death row.

Fantastic, he was cleared, but guess what? He still has a criminal record.

(source: Sharon Kyle JD is a former president of the Guild Law School and is the publisher and co-founder of the LA Progressive----laprogressive.com)

OHIO:

Death sentence vacated for man convicted of 2001 triple murder in Lincoln Heights

Execution is now off the table for a man sentenced to death more than 20 years ago after he brutally murdered 3 people in Lincoln Heights.

It was a Hamilton County judge who vacated his sentence on Monday.

In June 2001, Stanley Fitzpatrick used an axe to kill his girlfriend, Doreatha Hayes; her 12-year-old daughter, Shenay; and their neighbor Elton Rose. Fitzpatrick has been on death row ever since his conviction in 2002. but his execution had been delayed 3 times.

Fitzpatrick petitioned to have his death sentences voided in July of 2021 after Governor Mike DeWine signed a new law banning the death penalty for people who were "seriously mentally ill" at the time of the crime. The law gave prisoners on death row one year to petition the court to overturn their death sentences.

2 experts, one selected by Fitzpatrick’s attorney, and the other selected by prosecutors, both determined that Fitzpatrick suffered from serious mental illness as defined by state law, before, during, and after the murders. The court granted his petition and vacated his death sentences.

The Death Penalty Information Center doesn't take a position on the death penalty, but the executive director, Robin Maher, said this law is important.

“Understand that the United States Supreme Court said that we should only be sentencing the most culpable, the very most responsible people to death. Not every murder, even if it’s a terrible murder, should end up in a death sentence. So, we need to look at who the human being is that committed that crime and in Ohio, as well as in Kentucky, and in many other states considering similar laws, we are understanding that severe mental illness has everything to do with whether you should be sentenced to death or not,” said Maher.

To meet the criteria for “serious mental illness,” someone must be diagnosed with either schizophrenia, schizoaffective disorder, bipolar disorder, or delusional disorder. They must also prove their mental illness significantly impaired their capacity to exercise rational judgment in following the law.

Maher said that a number of cases are being reviewed by the courts to see if prisoners should receive a different sentence.

“This is a trend that we’re seeing, not only here in the United States, but in other countries that use the death penalty. Recognizing that severe mental illness is a condition that really affects behavior, it affects thinking, it affects judgment in a way that should mean we protect them from our very most severe punishments,” said Maher. “One thing that’s interesting about the use of the death penalty today, is that so many of the people who are on death row now, wouldn't be sentenced to death today. That’s because we know so much more, we understand so much better about things like severe mental illness, about the effects of trauma, long lasting lifelong effects, of these experiences that have everything to do with culpability and what kind of sentence people should receive.”

Fitzpatrick is now sentenced to life without parole. The judge recommended that Fitzpatrick be housed in a facility where he can receive mental health treatment for at least the first year after his transfer from death row.

“People who suffer from severe mental illness need treatment, they need therapy, they need medication, they need to be in an appropriate environment for their illness and death row is not that place,” said Maher.

According to Attorney General Dave Yost, there are 119 death row inmates in Ohio. On average, a condemned person spends more than 21 years on death row in Ohio. That's due to the many appeals and the difficulty in getting the drugs needed for lethal injection.

A bill introduced in the Ohio General Assembly would allow the state to use nitrogen hypoxia instead of lethal injection. That form of execution was used for the 1st time in the United States in Alabama this past January.

(source: WKRC news)

OKLAHOMA:

Oklahoma court expands execution interval to 90 days, denies group scheduling

The interval between executions in Oklahoma will grow to 90 days, the Oklahoma Court of Criminal Appeals ruled on Tuesday.

The court also decided against setting execution dates for a group of death row inmates, which has been done since 2022.

In 2022, the court set execution dates in approximately 30-day intervals for a group of 25 inmates. The court divided the death row cases into 4 phases consisting of 6 inmates each and phase consisting of 1 inmate being set for execution.

In 2023, the State filed a motion to reset the execution dates at 60-day intervals for the phase two inmates. The court granted the state's request.

This year, the state requested the execution interval grow to 90 days for the remaining phases. The court acknowledged increasing the interval, but decided to deny letting the state set the remaining execution dates as a group.

The court said unforeseen delays could derail the group dates, which could go against ensuring that an execution progresses in a timely manner.

Rather, the court will proceed to set executions one at a time, so long as it meets certain criteria:

The execution should occur at approximately 90-day intervals

Executions should be set on a Thursday

DOC requires a minimum of 35-day notice that a defendant is scheduled for execution.

The Attorney General's Office must notify the Court of Criminal Appeals of a death warrant that will have the next eligible inmate included.

Inmates are scheduled to be executed when they have exhausted all possible appeals.

In his dissenting opinion, Judge Gary Lumpkin questioned why the Attorney General wanted to increase the time between executions for the third time. Judge Lumpkin also questioned leadership and staffing at DOC.

"Regardless of how a person feels about the death penalty, it is a part of the law established by the Oklhaoma Legislature," Judge Lumpkin opined. "Amendments to those laws made in recent years reveal the Legislature has set a priority on expediting them. Until the Legislature changes the procedures, it is the responsibility of each person involved in that process to perform his or her duties in a timely manner. This is true whether it be judges, prosecutors, or those charged with carrying out the judgement and sentence entered by the citizens who served on the juries in each of these cases."

Judge Lumpkin said the state first extended the period in between executions after the botched execution of Clayton Lockett in 2014. The DOC then established a new protocol to wait 35-days between executions, but that new protocol was never approved by the state legislature.

That 35-day protocol was the State's main argument for extending the time period between executions again, so DOC employees could better prepare for the next one.

Judge Lumpkin said DOC employees could "meet the challenges placed before them when proper leadership is provided."

Currently, there are 17 inmates that have exhausted all of their appeals and are awaiting execution dates.

(source: KOKH news)

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In Amicus Briefs, Conservative Officials, Oklahoma Lawmakers, and Civil Rights Groups are United in Urging the U.S. Supreme Court to Vacate Richard Glossip’s Conviction

INNOCENCE UNITED STATES SUPREME COURT OKLAHOMA

On April 30, 2024, a week after the parties in Glossip v. Oklahoma filed merits briefs at the United States Supreme Court, several amici filed briefs in support of the parties’ joint position, asking the Court to grant Richard Glossip a new trial. Ken Cuccinelli, the former Virginia Attorney General and Deputy Secretary of Homeland Security under President Donald Trump, said in his brief that the consequences of failing to overturn Mr. Glossip’s conviction are “most dire.” During his tenure as Virginia’s Attorney General, Mr. Cuccinelli’s office “routinely reviewed convictions to ensure that defendants were not wrongfully convicted—with a special emphasis on capital convictions.” When these investigations proved that prosecutorial misconduct had a role in securing a conviction, Mr. Cuccinelli “fulfilled his office’s duty to pursue justice by confessing error…” Mr. Cuccinelli says that the Oklahoma Court of Criminal Appeals’ “facile dismissal of [AG Drummond’s] confession could force the State to execute Petitioner Richard Glossip notwithstanding the State’s admission that his constitutional rights were violated. The injustice of such a result is impossible to overstate.”

Mr. Glossip has spent more than 2 decades on Oklahoma’s death row for the 1997 murder-for-hire of Barry Van Treese. In 2022, the state acknowledged that his conviction was secured by eliciting false testimony and suppressing evidence, but the Oklahoma Court of Criminal Appeals has refused to grant Mr. Glossip relief. In his brief to the Supreme Court, AG Drummond stated that while he firmly believes that Mr. Glossip’s rights were violated and that the OCCA’s ruling was a “flawed whitewashing of federal constitutional violations”, he still believes that Mr. Glossip is guilty. In the brief filed by Mr. Glossip’s attorneys, they allege that the OCCA erred in rejecting the confession of error from AG Drummond’s office and when it held that the prosecutorial misconduct was immaterial to the case outcome.

Additional amici arguing in support of a new trial include Oklahoma Republican state representatives Kevin McDugle and Justin “JJ” Humphrey, state senators David Bullard and Blake Stephens, and former senator Gary Mize, all of whom were members of the legislative committee formed to investigate Mr. Glossip’s case. Although these men indicated their strong belief in the use of capital punishment, they argued that they “also believe that a death sentence should be carried out only subject to the strict constitutional and other legal protections that apply to all criminal defendants, especially those against whom the State seeks to impose the most severe and final punishment–death.” The legislators describe the “appalling misconduct” that was uncovered more than two decades after Mr. Glossip’s conviction. “The grave doubts that plague Richard Glossip’s conviction and death sentence requires this Court’s intervention and a new trial. A contrary result would erode the public’s confidence in the justice system and cast doubt on the death penalty more generally,” the brief stated.

Another amicus brief was filed by former members of the bipartisan Oklahoma Death Penalty Review Commission, chaired by former Governor Brad Henry and former U.S. Magistrate Judge Andy Lester. The Commission was created in 2016 to review the state’s capital punishment system and in 2017 released a report on their findings, outlining 45 recommendations for reform. In their amicus brief, the commissioners discuss the “myriad problems” in Oklahoma’s death penalty system, many of which “undermine the integrity of [Mr. Glossip’s] conviction.” Among these recommendations, the commissioners identified “topics including forensics, innocence protection, the role of prosecutors and defense counsel, the judicial process, death eligibility, and the execution process.” Mr. Glossip’s case “powerfully exemplifies the concerns the Commission identified with administration of the death penalty in Oklahoma.

The ACLU, ACLU of Oklahoma, and the Howard University School of Law’s Civil Right Clinic also filed an amicus brief supporting a new trial for Mr. Glossip. The groups argue that the US Supreme Court must reverse the OCCA’s ruling and correct “endemic” legal misconduct by Oklahoma prosecutors. “Mr. Glossip’s case cries out for Brady and Napue relief and a clear message from the Court that violations of their core principles will not be tolerated,” they wrote.

(source: Death Penalty Information Center)

IDAHO:

The widow of Alex Cox takes the stand in murder trial of Chad Daybell----"Chad said that J.J. was going to die young, that he was probably going to die soon, and he was going to come right back to earth as Colby’s son"

The wife of Alex Cox, Lori Vallow’s brother took the stand and testified for the full day in the death penalty case of Chad Daybell.

Zulema Pastenes was married to Alex Cox up until his death and was close with Chad and Lori.

She testified about their religious beliefs, the conferences they had attended together, the many castings that she had taken part of with Chad, Lori, and others.

Zulema told the court that Chad Daybell believed that he had lived many lives and that he and Lori had been married in past lives.

“They had been married to each other seven times before in other lives. And they had been exalted before together in other worlds,” she said. “And that they were to be together in this life because they have a mission together. That their spouses would understand because of the mission they needed to complete.”

She also told the court that at some points Chad believed he was the brother of Christ, and in another life, was the Holy Ghost.

Zulema talked about the casting ceremonies, particularly the castings of Charles Vallow and how she learned that Charles had died.

Prosecutor Lindsey Blake asked her if she recalled a conversation about J.J. dying young.

“Chad said that J.J. was going to die young, that he was probably going to die soon, and he was going to come right back to earth as Colby’s son,” Zulema testified.

Colby is referring to Colby Ryan, Lori Vallow’s first child and older brother to Tylee Ryan.

Blake also asked Zulema about a conversation she had with Lori about the whereabouts of Tylee.

Zulema testified, “I asked her, I said Hey where’s Tylee? And she said, well she had to be free. Meaning Tylee had to be free. And when I went to ask her for her to explain or what she meant by that, she put her hand against my face and said, “don’t ask.”

Trial proceedings will continue Wednesday at the Ada County Courthouse in Boise, Idaho.

Chad Daybell is charged with three counts of first-degree murder of his former wife Tammy Daybell, Tylee Ryan and J.J. Vallow, as well as conspiracy to commit murder, grand theft, and insurance fraud. If convicted, he could face the death penalty.

(source: KMVT news)

CALIFORNIA:

New Report Shows How Collecting Jurors’ Demographic Data Is Crucial to Diverse Juries

Early in the COVID-19 pandemic, Berkeley Law’s Death Penalty Clinic released its 1st-ever report, finding that racial discrimination by prosecutors — particularly against Black people — is a consistent feature of jury selection in California.

That report, Whitewashing the Jury Box: How California Perpetuates the Discriminatory Exclusion of Black and Latinx Jurors, supported a California bill that significantly changed the procedure governing peremptory challenges. It eliminated the requirement that the party objecting to the challenge prove intentional discrimination, and requires courts to consider implicit bias when jurors are excluded.

Now 4 years later, the clinic has published a follow-up report, Guess Who’s Coming to Jury Duty?: How the Failure to Collect Juror Demographic Data Contributes to Whitewashing the Jury Box, which expands its racial justice research and advocacy by cataloging the states that gather prospective jurors’ self-identified race and ethnicity — and those that do not.

Clinic Co-Director Professor Elisabeth Semel, who wrote both reports along with students, says the 2020 bill is yielding more diverse juries. Currently, however, there is no way to reliably measure the legislation’s effectiveness.

“The primary impetus for the report was the realization that California didn’t have the data necessary to ascertain whether, empirically, new jury selection procedures are having an effect on the composition of seated juries,” says Semel. “We see and hear about changes, but it’s anecdotal.

“As it stands in California, we cannot answer these questions: “What is the racial and ethnic composition of prospective jurors responding to a group of summonses? What is the composition of the panel of potential jurors entering the courtroom? And who is sitting on the final jury?”

Semel, clinic paralegal Lauren Havey, and students Casey Jang ’23, Willy Ramirez ’23, and Yara Slaton ’23 set out to find if — and how — other states are collecting prospective jurors’ self-identified race and ethnicity. They wondered, Semel says, “Are we an anomaly compared to other states? If other states do it, how do they do it?”

Students conducted extensive research on the phone and online, including researching laws in different states, tracking down jury questionnaires and data collection policies, and reviewing state standards and guides on jury management.

No consistency or cohesion

Slaton says she was struck by how “wildly inconsistent the practices are in this country, which means defendants are getting wildly different jury experiences.”

The students found that 19 states, the District of Columbia, and federal district courts collect race and ethnicity data either from source lists or directly from prospective jurors. In 16 of those states, the information is available to trial judges and counsel because of state or local court rules or at the discretion of individual judges.

“The report chronicles the slow, but persistent, progress of state court efforts to increase transparency in jury selection procedures and accountability for compliance with state and federal requirements for representative jury pools,” says Paula Hannaford-Agor, director of the National Center for State Courts’ Center for Jury Studies.

To be effective, collecting race and ethnicity information must begin with the initial jury summons, according to the report. When a potential juror responds to the summons questionnaire, they should be asked to identify their race and ethnicity, along with other demographic data. Later when they show up at the courthouse, that information is already part of their record.

In most states, this should not be an overly burdensome fix, Semel says: “It requires reconfiguring online jury systems, but in most states those online systems already exist. It is a matter of adding questions to an existing system.”

The report proposes that each prospective juror’s self-identified race and ethnicity be available to the trial court and counsel before jury selection. It also explains that absent this information, lawyers and judges often rely — consciously or unconsciously — on stereotypes both to identify jurors’ race and ethnicity and as a reason to strike them. In addition, the report also recommends that each judicial district’s race and ethnicity data be published annually by the courts and available to anyone investigating jury composition or selection.

Hannaford-Agor notes that implementing the report’s recommendations would enable courts to more reliably assess whether their jury pools are representative of the racial and ethnic demographics of the communities from which they are drawn.

“Semel’s study will encourage more state court leaders to implement data collection procedures that will help them determine whether reform efforts are having their intended effect and, if not, help identify additional steps,” she says. “Once state court leaders recognize that the risk of fair cross-section challenges does not increase — and in fact decreases — by providing accurate information on which to assess representation in the jury pool, I sincerely hope that they will look to the study for examples of statutes, court rules, and administrative orders to consider enacting in their own jurisdictions.”

Rooted in the clinic

Now all law school graduates, Jang, Slaton and Ramirez continue to use the skills they honed in the clinic.

Slaton, a first-year associate at Perkins Coie in San Francisco who’s already handling a pro bono death penalty case, says her work on the report provided a crash course in intense cold calling of government agencies, scanning state laws, and “how to be best friends with your librarians and what a truly incredible resource they are.”

Currently 19 states, the District of Columbia, and federal district courts collect race and ethnicity data either from source lists or directly from prospective jurors. Click on the image to see a larger version.

Jang, a deputy public defender in Orange County, says she is using a template motion that she worked on with Semel to request juror demographic information in court.

All 3 hope their work benefits future defendants nationwide.

“I hope people take from the report the importance of collecting this race and ethnicity data from prospective jurors, both to ensure our jury system is functioning properly and to ensure that criminal defendants are judged by juries that actually reflect the demographics of their region,” says Ramirez, a deputy public defender in Contra Costa County.

Semel agrees and sees the clinic’s latest report as another crucial step in ongoing efforts to ensure that juries are representative.

“The premise of the report and our recommendations is that race permeates jury selection as much as it permeates every aspect of the criminal legal system.” Semel says. “We cannot be blind to the ways in which racial discrimination — whether explicit or implicit — continues to whitewash jury boxes. Structural reform starts by squarely facing how systems function rather than pretending they function as we wish they did.”

(source: law.berkeley.edu)

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Of course the death penalty is racist. And it would be wrong even if it weren’t

Civil rights organizations and defense attorneys last month asked the California Supreme Court to invalidate the death penalty in this state for being irredeemably racist. Around the same time, Alameda County Dist. Atty. Pamela Price announced that a federal judge had ordered her to review 35 cases her office had handled over the last three decades after she discovered evidence that prosecutors systematically excluded Black and Jewish people from juries hearing capital cases.

As written, death penalty laws are race-neutral. Is the death penalty racist?

Of course it is. Evidence and experience show racial bias at play at every level of the criminal justice system, from arrest to jury selection to verdict. The disparities are particularly glaring in death sentences. Black defendants were 4.6 to 8.7 times more likely to be sentenced to death than other defendants facing similar charges, according to a landmark study of thousands of murder and manslaughter convictions dating to 1978. Latinos were 3.2 to 6.2 times more likely to be sentenced to death.

The disparity is even larger when the defendant was Black or Latino and the victim was white or Asian.

All of this is documented, but it is also intuitive, after years of evidence showing Black and Latino people being arrested more often and sentenced to longer prison terms than white people for the same crimes. It stands to reason that the same biases would show up in death sentences. The apparent exclusion of Black and Jewish people from Alameda County juries is surprising only because evidence of it surfaced.

The Supreme Court petition contains voluminous data regarding racial bias in California’s capital punishment system.

But in a sense, that’s all beside the point.

The death penalty has been challenged on other grounds, for example because the various drugs and other instruments of execution inflict unconstitutional levels of pain and suffering. But that too is beside the point.

Even if the state could perform painless and anxiety-free executions and racial biases were eliminated, the death penalty would still be wrong.

It’s wrong because it puts too much power in the hands of government. Individual government agents, such as police officers, sometimes must exercise deadly force for the protection of others during fast-paced crises, but there is no such justification for carefully planned and premeditated state homicide.

It’s wrong because it’s applied arbitrarily and is overtly political. Consider the statements and actions of former President Trump, who called for the death penalty for drug dealers in 2018, then pardoned convicted drug dealer Alice Johnson in 2020 after her cause was taken up by Kim Kardashian, and now is again demanding execution for drug dealers. Consider President Biden, who as a candidate promised to end capital punishment in federal cases but whose Justice Department nevertheless continues to seek death sentences.

It’s wrong because juries that are qualified to hear arguments and weigh evidence to determine guilt are not qualified — nor is anyone — to weigh non-tangibles such as moral worth, or to choose between life or death without improper emotional considerations. The fact that they do so is legally permissible yet morally unconscionable.

The death penalty is wrong even when it is not imposed, because prosecutors use the mere possibility of execution to pressure defendants into pleading guilty and accepting life sentences — even if they are innocent. It’s wrong because prosecutors “death qualify” juries at the beginning of proceedings by excluding anyone who may have qualms about execution, and because prosecutors are trained to use dehumanizing language (“monster,” “animal”) when trying to get juries to choose death. Even if a death-qualified jury instead chooses life in prison, the same qualities that made jurors open to a death sentence may also have made them more likely to convict.

And sometimes those convictions are in error. Seven Californians sentenced to death since 1973 were later exonerated. The Death Penalty Information Center names 20 people put to death in Southern and border states since 1989 who may well have been innocent.

Americans who favor capital punishment generally want it to be imposed, if at all, without factual error, pain, politics, prosecutorial overreach or racial bias. But that’s just fantasy. The death penalty is inextricably bound up with each of those ills, and more.

California Gov. Gavin Newsom promised that no one would be put to death on his watch, and he ordered that death row and the execution chamber be dismantled. But capital punishment remains on the books in California, and district attorneys continue to use it to unjustly wring guilty pleas from defendants, or to toughen juries by death-qualifying them (although some, including George Gascón of Los Angeles and Jeff Rosen of Santa Clara County, no longer do, and are seeking to reverse death sentences).

The petitioners who cite racism in California death sentences are correct, and they deserve credit for identifying an angle of attack that not only is righteous but also just may work. The tragedy is that it’s necessary for them to do it. The death penalty is morally repugnant and manifestly unjust, even without the long and ample record of racism in its application.

(source: Editorial, Los Angeles Times Editorial Board)

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Chino city leaders and community members denounce transfer of death row inmates to local prison

More than 2 dozen death row inmates are now sitting in a Chino prison, much to the disdain of city officials who are now demanding something be done about the problem.

The California Institution for Men is located less than half a mile from the the College Park neighborhood, where there are hundreds of single family homes. Also close by are parks, stores, businesses and schools, and even though unlikely with an electrified fence surrounding the prison's property and security guards working around the clock, the possibility of an inmate escaping is top of mind for many.

Last month Mayor Eunice Ulloa said that she's "appalled that they would choose to house the worst of the worst prisoners in our state in such close proximity" to that area.

Ulloa was one of many Chino city leaders who held a press conference on Tuesday to address the issue.

"To think this prison can successfully house the worst of the worst criminals in our state is wrong," she said, claiming that the inmates' arrivals were a complete surprise, especially since the prison is currently one of the oldest in the state of California and in need of millions of dollars worth of repairs.

Also amongst speakers was Mary Ann Hughes, whose 11-year-old son Christopher was one of the four people brutally murdered by Kevin Cooper, a prison escapee, in 1983.

"When Chris didn't come home for church, went up to look for them," Hughes said, recalling the night that her husband found their son dead. "Instead, he found our son Christopher, Doug and Peg Ryan, their daughter Jessica, butchered."

So far, there have been 39 death row inmates transferred from San Quentin Rehabilitation Center to the CIM by the California Department of Corrections and Rehabilitation as part of Proposition 66, which allows condemned inmates to participate in prison programs, including prison jobs, to pay off their restitution to their victims.

San Bernardino County District Attorney Jason Anderson explained that the transfer falls in line with what California voters approved in 2016, but that prison officials must comply fully with the law.

"To maintain the death chambers for these condemned inmates that were given the death penalty," Anderson said. "We're not in a situation and we never should be in a state in which portions of the law are chosen and other portions of the law are discarded ... depending on your rhetoric and politics."

The California Department of Corrections and Rehabilitation issued a statement upon request from KCAL News.

"All 19 facilities where condemned individuals are being transferred, including the California Institution for Men (CIM), have a secure facility perimeter with a lethal electrified fence," the statement read in part. "While the 2018 facility walkaway wis troubling, CDCR can assure the public that these individuals will never be housed in that facility — which is outside of the lethal electrified fence."

To date, there have been three high-profile escapes from CIM, according to Chino Police Department Lt. Aaron Kelliher. Most recently in 2018, when Michael Garrett, who was convicted for vehicle theft, was discovered missing before he was arrested days later.

(source: CBS News)

USA:

EXECUTION PETITIONS

The following is an updated list of currently scheduled executions in the United States. Select the prisoner's name to sign the petition which will be delivered on your behalf to the respective state's government officials.

May 30, 2024 at 6:00 pm CT: Jamie Mills in Alabama

June 6, 2024 at 10:00 am CT: Wade Lay in Oklahoma

June 11, 2024 at 6:00 pm CT: David Hosier in Missouri

June 26, 2024 at 6:00 pm CT: Ramiro Gonzales in Texas

July 16, 2024 at 6:00 pm CT: Ruben Gutierrez in Texas

July 18, 2024 at 6:00 pm CT: Keith Gavin in Alabama

(see: https://deathpenaltyaction.org/take-action/execution-petitions/?link_id=2&can_id=14e7ffb7a45ff16a15088110f75c570a&source=email-ok-executions-update&email_referrer=email_2310316&email_subject=wade-lay-execution-to-be-reprieved)

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The Marshall Project Wins the Dart Award for “The Mercy Workers”----Our feature on mitigation specialists who help save people from the death penalty was recognized for making “significant contributions to public understanding of trauma-related issues.”

The Marshall Project has won the Dart Award for Excellence in Coverage of Trauma with “The Mercy Workers,” a feature investigation by staff writer Maurice Chammah published in March 2023. The story, which also won a 2023 Online Journalism Award in the Feature category (and was a finalist for the Taylor Award for Fairness in Journalism) offers a rare look at the little-known profession of “mitigation specialists,” who attempt to save prisoners from the death penalty. By documenting their clients’ often trauma-filled life stories, while also pointing out broad policy failures, mitigation specialists sometimes succeed in persuading juries –– and even prosecutors –– to choose less severe sentences. The story was co-published by The Guardian.The award was shared with The Boston Globe series “Nightmare in Mission Hill: The Untold Story of the Charles and Carol Stuart Shooting.” Honorable Mentions went to The New Yorker and The New York Times.In today’s announcement, the Dart Awards judging panel described “The Mercy Workers” as a “powerful, nuanced and sensitive exploration of an aspect of the criminal justice system that is often overlooked.” They praised Maurice Chammah for “humanizing James Bernard Belcher without exonerating him,” “demanding that readers reach their own conclusion about this man's life, his mercy worker and the larger system.” They also described the writing as “well-paced and meditative,” and said, “given all of the layers of trauma, the fact that the piece moves so elegantly without toppling over with grief is a miracle.” A full statement is available on the Dart Center’s website.The Dart Awards, now in their 30th year, recognize outstanding reporting in all media that portrays traumatic events and their aftermath with accuracy, insight and sensitivity while illuminating the effects of violence.

“We’re honored by The Dart Center’s recognition, and delighted at the praise for Maurice’s important and sensitive work,” said Susan Chira, editor-in-chief at The Marshall Project.By tradition, the Dart Award is a team prize, recognizing that in-depth coverage of trauma requires an exceptional commitment by the entire news organization. Besides Chammah, the judges recognized senior editor Akiba Solomon, illustrator Jackie Roche, multimedia and storytelling editors Celina Fang, Raghuram Vadarevu and Meredith Rizzo, photographers Agnes Lopez and Octavio Jones, collage artist Melanie Garcia, developer Katie Park, production coordinator Mara Corbett, copy editor Ghazala Irshad, and videographer Taylor Vorburger.The Dart Awards, established in 1994, are administered by the Dart Center for Journalism and Trauma, a project of the Columbia Journalism School. It considers entries from across the media spectrum, including newspaper, radio, online, multimedia, film and video.

(sourced: themarshallproject.org)

ZIMBABAWE:

Zimbabwe’s likely to abolish the death penalty: how it got here and what it means for the continent

Zimbabwe is likely to abolish capital punishment, following a cabinet decision on 7 February 2024. However, its parliament still has to endorse the move and pass the necessary law enabling the change. The question is when this will happen, especially since it appears that it would require a constitutional amendment.

When this happens, Zimbabwe will not only draw a line under a long-standing colonial legal import, but also bolster continental and regional trends towards abolition. It will also provide certainty to – and spare the lives of – the 62 prisoners currently on death row.

The change was initiated by a member of the main opposition party, Citizens Coalition for Change, MP Edwin Mushoriwa, through a private member’s bill. This rarely used process was introduced before the National Assembly in November 2023. According to prescribed procedure, the National Assembly had to approve the official tabling of the bill before it could be gazetted for formal consideration. Now that the executive has signalled its backing, it is all but assured that the Zanu-PF-dominated parliament will formally adopt the bill.

The cabinet decision to abolish the death penalty should not come as a great surprise. Zimbabwe has been a de facto abolitionist state for almost two decades. Although its law still allows for the death penalty, it last executed a prisoner in 2005.

Analysis of the world, from experts

My academic work is concerned with human rights at the domestic and regional level in Africa. In my view, the trend towards abolition of the death penalty in Africa is one of the hopeful indicators of human rights consolidation.

Public opinion

Legal reform on the death penalty often pits legislatures against public opinion. It is not entirely clear what the Zimbabwean general public’s views on the issue are. In its statement, the cabinet said grassroots consultations were conducted in 30 districts. But it does not say what the outcomes of these consultations were.

A 2018 survey found 61% of Zimbabweans supported retention of the death penalty. However, a 2020 survey of Zimbabwean opinion leaders showed strong support for abolition.

It is probably Zanu-PF’s fear of a popular push back that has stifled action towards abolition. Doing it via a private member’s bill insulates the ruling party from any potential popular backlash, to some extent. It is no coincidence that the 2023 abolition of the death penalty for ordinary crimes in Ghana also came via a private member’s bill.

While some opposition is to be expected, indications are that the general Zimbabwean public will take the government’s lead on this.

It is significant that the 2018 study also found that 80% of those favouring retention indicated that if the death penalty were to be abolished, they would accept it as government policy. The reasons for this level of support for abolition lie in the country’s “pre-colonial” culture and colonial history, as I explain below.

Presidential support

It is surprising that the latest decision did not come earlier. President Emmerson Mnangagwa is well known to be an opponent of the death sentence. He was sentenced to death in 1965 for sabotage by the white minority Rhodesian regime. His sentence was reduced to 10 years’ imprisonment, thanks to his youthful age of 22.

Soon after he took office, in 2018, Mnangagwa commuted to life imprisonment the sentences of inmates detained for longer than 10 years. In 2016, as vice president, he had publicly declared the death penalty an archaic imposition of British colonialism that is at odds with the values of pre-colonial Shona societies.

In Shona cosmology, murder is understood as affecting the whole community. It calls for a restorative – rather than a retributive – approach. Payment of reparations to the deceased’s family averts the wrath of an “avenging spirit” (kuripa ngozi).

Colonial relic

Colonialism left its imprints on Zimbabwe’s criminal justice system. One was the introduction of capital punishment for common law offences such as murder. Abuses during the era of white rule negatively influenced popular attitudes towards the death penalty.

Especially following the unilateral declaration of independence in 1965 by the Rhodesian regime of Prime Minister Ian Smith, it was used as a tool for repression and subjugation. During the liberation struggle against the Rhodesian regime, the offence of “petrol bombing”, for example, carried a mandatory death sentence.

The multiparty agreement that brought about changes to the 2013 constitution reflected the national consensus based on historical misgivings about the death penalty. Article 48 of the constitution, which deals with the right to life, allows that “a law may permit the death penalty”, but limits its application to cases of “aggravated murder”. It further excludes from a possible death sentence all female offenders, offenders over 70 years, and those who were younger than 21 when they committed relevant offences.

It seems inescapable that the complete eradication of the death penalty would require that article 48 be scrapped. Because this provision is part of the bill of rights, its amendment requires a 2/3 majority in parliament, and majority support in a referendum (article 138 of the 2013 constitution).

Regional and continental significance

Zimbabwe’s abolition of capital punishment will buttress an African and southern African trend towards abolition. Half of Africa’s countries have abolished the death penalty.

Half of the 16 Southern African Development Community (SADC) states have formally abolished it.

In addition, 16 African states are abolitionist in practice. Among these are six SADC states: Comoros (last execution in 1997), DRC (2003), Eswatini (1983), Lesotho (1995), Malawi (1992), and Tanzania (1994).

Should Zimbabwe join the list of abolitionist states, a tipping point could be reached. Its scrapping the penalty for all crimes may inspire these states that are abolitionist in practice, but not in law, to follow suit.

A turn towards abolition is also what African Union human rights bodies require. While the African Charter on Human and Peoples’ Rights does not deal with the death penalty, its monitoring body, the African Commission on Human and Peoples’ Rights, has adopted a number of resolutions urging African states to observe a moratorium on the death penalty. It also called on these states to take steps towards abolishing the death penalty, and to support an African treaty on the abolition of the death penalty in Africa.

The African Court on Human and Peoples’ Rights declared the mandatory imposition of the death sentence a violation of the African Charter. It also found that hanging as a means of execution violates the charter, but fell short of outlawing all forms of capital punishment.

However, an abolitionist practice can easily be undone, as shown by the decision of the Democratic Republic of Congo in March 2024 to lift a 21-year moratorium on the execution of the death penalty.

Looking forward

Prisoners sentenced to death are exposed to the agony of living in uncertainty about their fate for prolonged periods. In 1993, the Zimbabwe Supreme Court found that excessive delay in executing the death penalty, combined with deplorable conditions of detention, violated the constitutional guarantee against torture and cruel and inhumane punishment.

Abolishing the death penalty in its totality will place Zimbabwe on the right side of history, at a time when it is looking forward to its readmission to the Commonwealth.

(source: Frans Viljoen, Director and Professor of International Human Rights Law, Centre for Human Rights, University of Pretoria---thecomversation.com)

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Harare residents support abolition of death penalty

HARARE residents mostly from Mbare high-density suburb on Tuesday supported the call for the abolition of the death penalty in Zimbabwe.

The public hearings on the Death Penalty Abolition Bill (H.B. 5, 2023) and 3 other bills were led by the Joint Committee on Justice, Legal and Parliamentary Affairs and the Thematic Committee on Human Rights at Stodart Hall.

During the hearings, dominated by youths, the bill got a 100% nod for its abolition.

Residents who made contributions said sentencing someone convicted of murder to the death chamber was a human rights violation.

One citizen said Zimbabwe as a sovereignty state was not living in a vacuum and as a signatory to several conventions must respect the sanctity of life.

“What is the purpose of the death penalty? It is to deter but in the history of the country, has it been effective enough to stop the murders that have taken place?

“According to a United Nations (UN) investigation of 1982 which was updated in 2002, the death penalty does not serve the deterrent effect that it was intended for. Sentencing someone to death is cruel. Why are we then subjecting a life to such cruelty? Why then do we plan and legislate death?”

A case for the abolishment of the death penalty in Zimbabwe

He added that committing a murder had several issues to consider such as the physical, emotional or mental capacities that are involved.

“I want to say the death penalty must be abolished,” said the youth.

One Livison Hannock said he supported the removal of the “cruel act” of taking away a life.

“Subjecting a life to the death penalty is not the only way to punish the perpetrator. I believe there are other forms of punishment besides the capital one,” Hannock told the committee members.

All those who spoke regarding the removal of the death penalty supported the bill giving a 100% thumb-up for its removal.

Although the hearings went on peacefully, a few complained that the hearings were being fast-tracked and they wanted more time to give their thoughts rather than just saying “Yes” or “No” answers.

“This is our platform. Let us speak out our views. Why are you rushing us?” said a young lady to the Committee chairperson Energy Mutodi.

Other bills on the public hearings list included the Administration of Estates bill (H. B. 3, 2024) and the Criminal Laws Amendment ( protection of Children and young persons) bill (H. B. 4, 2024).

The Criminal Laws Amendment ( protection of children and young persons) bill got its share of support except for one person who vouched that young persons must be allowed to consent to sex before 18 years of age.

The Criminal Law (Codification and Reform) Amendment Bill seeks to raise the age of sexual consent from 16 to 18 after President Mnangagwa invoked his powers under the Presidential Powers (Temporary Measures) Act to gazette Statutory Instrument 2 of 2024.

The hearings are ongoing countrywide from May 6 to 10, 2024.

(source: newzimbabwe.com)

SINGAPORE:

Strong, growing support for death penalty reflected in surveys of Singapore, neighbouring countries: Shanmugam

Singapore's Law and Home Affairs Minister K Shanmugam on Wednesday (May 8) cited local and regional surveys as proof of strong and growing support for using the death penalty on drug traffickers.

He was delivering a ministerial statement in parliament on Singapore’s approach to drug control.

“There is broad support from our population because we have been upfront and open about the rationale, circumstances and safeguards on the use of the death penalty,” said Mr Shanmugam.

Preliminary findings from a Ministry of Home Affairs (MHA) survey conducted in 2023 showed that about 69 % of respondents agreed or strongly agreed that the mandatory death penalty was an appropriate punishment for trafficking a significant amount of drugs.

This was up from 66 % recorded in 2021, Mr Shanmugam noted, adding that MHA will publish a full report of the most recent survey later this year.

Nearly 77 % of survey respondents agreed that the death penalty should be used for the most serious crimes — up from almost 74 % 2 years back.

He also pointed to a National Council Against Drug Abuse survey last year, where almost 91 % of respondents expressed support for the country’s drug-free approach.

Beyond Singapore, Mr Shanmugam highlighted a 2021 study conducted in parts of the region where most of the country's arrested drug traffickers have come from in recent years.

It showed that 87 % of respondents believed that the death penalty deters people from trafficking substantial amounts of drugs into Singapore.

A similar proportion — 86 % — believed that the death penalty makes people not want to commit serious crimes in Singapore.

Of the respondents, 83 % also believed the death penalty is more effective than life imprisonment, in discouraging people from bringing drugs in.

"So those who suggest that the death penalty can be replaced by life imprisonment, should look at these figures. The deterrent effects of the two penalties are very different," said Mr Shanmugam.

"It is not easy for us... to decide to have capital punishment as part of the penalties in law. But the evidence shows that it is necessary to protect our people, prevent the destruction of thousands of families, and prevent the loss of thousands of lives."

Mr Shanmugam said the high levels of support were due to Singaporeans' trust in the government to do the right thing, and do right by Singapore.

“So when Mr Richard Branson comes in to argue, he doesn’t realise that we take our duty seriously, we are accountable to Singaporeans, we speak with thousands of them and we know what Singaporeans support,” said Mr Shanmugam.

The British billionaire has been vocal in his views against Singapore's death penalty. In 2022, he made false assertions on alleged racial bias and the treatment of defence lawyers in the case of convicted drug trafficker Nagaenthran Dharmalingam.

In response, MHA invited Branson to Singapore for a live televised debate with Mr Shanmugam on the topic, but he turned it down.

“The vast majority of Singaporeans know and understand the facts and reality, and why the government says the death penalty is necessary," said Mr Shanmugam.

87 % agreed that Singapore’s drug laws are effective in keeping the country relatively free of drugs.

CHALLENGING THE COURTS

In his speech, Mr Shanmugam described anti-death penalty activists as making “baseless allegations, one-sided claims and half-truths”.

In May last year, Protection from Online Falsehoods and Manipulation Act (POFMA) directions were issued against 10 social media posts and two online articles for containing false statements about the death sentence meted out to convicted drug trafficker Tangaraju Suppiah.

5 parties — The Transformative Justice Collective, The Online Citizen Asia, Andrew Loh, Kirsten Han, M Ravi — had continued to falsely allege that Tangaraju was denied an interpreter during the recording of his statement, said Mr Shanmugam.

"This, despite the Courts’ clear statement to the contrary. A blatant, false attack on the criminal justice system," he said.

Some of the activists have also helped to file "unmeritorious" legal applications on behalf of convicted drug traffickers, often at the last minute, said Mr Shanmugam.

In one case, there were 7 post-appeal applications, which were all dismissed by the courts for being without merit, he said.

The last application had a correspondence email address belonging to an anti-death penalty activist, shared Mr Shanmugam.

The Court dismissed that application as a "blatant and ill-disguised application to disrupt the carrying out of the sentence", he said.

In November 2022, parliament passed the Post-Appeal Applications in Capital Cases (PACC) Bill to provide a clear process for such applications.

Mr Shanmugam expects the PACC Act to be brought into force soon. It will seek to safeguard the administration of justice and the rule of law, introducing new requirements to reduce potential delays to proceedings, he said.

"We are now considering what else needs to be done to make sure this new legislation can be properly supported. We will come back to the House if necessary," he added.

"I wish to make it clear to members and Singaporeans, be assured we will take all necessary steps to ensure that this sort of abuse of process is dealt with."

'MULTIFACETED ASSAULT'

During the debate on Wednesday, MP Murali Pillai (PAP-Bukit Batok) asked how Singapore will entrench its anti-drugs policy in younger generations of Singaporeans — particularly what's known as Gen Z and Alpha — who are exposed to positive perceptions of “soft drugs” on social media.

Mr Pillai added that Singapore seems to be “set aside” at international conferences for its anti-drug stance, recalling how he was referred to as having “outlier arguments” during a symposium.

In response, Mr Shanmugam said that there are listed companies around the world that finance non-governmental organisations (NGOs) and publicity that sell the idea that soft drugs are good and harmless.

“If you look at these international conferences, the NGOs which are taking a tough line on drugs are usually poorly financed. Their material is not so attractive whereas on the other side, there are all these glitzy arguments as to why soft drugs (like) cannabis causes you no harm, (that) it’s just something for you to try at school,” he said.

Mr Shanmugam said this “cool factor” is pushed at the young from various avenues such as media, online and friends. “Wherever you turn, it is there and it’s glamorised today … You can’t get away from it.”

He added: “It’s very difficult to stand against this multifaceted assault but I think we’ve done a reasonably good job.”

The minister also agreed with Mr Pillai’s point about Singapore being an “outlier” at international conferences. The country is either met with silence when presenting statistics or told that Singapore’s success cannot be replicated elsewhere, he added.

“I think it can be, but it is not for me to fight the fight in the rest of the world,” Mr Shanmugam said.

“But as long as others don’t tell us what to do and leave us alone to protect our population, then I think that is the best that we can hope for.”

(source: todayonline.com)

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Singapore waging war against drugs; death penalty effective deterrent: Shanmugam

Singapore is waging a war against drugs, and thousands will suffer if the country does not put up a fight or loses the war, said Minister for Home Affairs K. Shanmugam.

Delivering a ministerial statement in Parliament on May 8 on Singapore’s approach to drug control, he cited several drug-related crimes here that resulted in the deaths of people at the hands of their loved ones who had abused drugs.

Quoting statistics from the World Health Organisation and World Drug Report on the lives lost to drug use, Mr Shanmugam, said: “These are not just statistics, they are the lives of fathers, mothers, brothers, sisters, sons, daughters.

“That is why I use the analogy of war. I am talking about a war against those who profit off the drug trade at the expense of hundreds of thousands of innocent lives.”

Mr Shanmugam, who is also Minister for Law, said he was delivering the ministerial statement as Singapore’s drug control policy has been criticised by individuals helping inmates to abuse the legal process.

In 2019, Singapore changed its policy towards drug abusers. Now, those who abuse drugs without committing other offences are sent for treatment and do not get a criminal record.

But, while Singapore tries to help abusers, it takes a tough stance against drug traffickers, said Mr Shanmugam.

He said: “We have zero tolerance for those who destroy the lives of others for money.”

In the 51-minute statement, the minister painted a grim picture of how the drug trade has affected the security and lives of citizens in countries such as the United States, Sweden and Belgium.

He said that in the past decade, there have been hundreds of shootings, fires and bombings in Antwerp, Belgium, many of which were linked to gang-related violence for a piece of the cocaine trade.

Citing examples of how relaxed drug possession laws in San Francisco and Oregon led to higher drug overdose deaths, Mr Shanmugam said such policies have a long-term impact on the next generation.

He added that the death penalty is an effective deterrent in the war against drugs.

After the death penalty was introduced for trafficking more than 1.2kg of opium in 1990, there was a % cent reduction in the average net weight of opium trafficked in the four years that followed.

The minister said it is not easy for policymakers to decide to have capital punishment.

“But the evidence shows that it is necessary to protect our people, prevent the destruction of thousands of families, and prevent the loss of thousands of lives,” he said.

Mr Shanmugam criticised activists for presenting an image of an unfair criminal justice system stacked against drug traffickers.

He called out 5 parties – the Transformative Justice Collective, The Online Citizen Asia, Mr Andrew Loh, Ms Kirsten Han and Mr Ravi Madasamy, better known as M. Ravi.

He said they had made false statements alleging that a death row inmate was denied an interpreter during the recording of his statement.

Mr Ravi had acted for former death row inmate Gobi Avedian, 32, who was spared the gallows for drug offences in October 2020, after a 5-judge Court of Appeal overturned an earlier decision by the same court.

Gobi was instead sentenced to 15 years’ jail and 10 strokes of the cane.

Mr Shanmugam said that while these activists portray the trafficker as a victim of unfortunate circumstances, they do not mention the harms caused to the victims of the traffickers or the number of lives wrecked by drugs.

He cited four cases in Singapore to illustrate the harms of drug abuse, including a man who stabbed his mother to death and punched his grandmother till she died, while under the influence of LSD, a hallucinogenic drug.

Mr Shanmugam added: “Drug abuse is not victimless, and all of these are caused by the drug traffickers whom people glorify.”

The activists also help to file unmeritorious legal applications on behalf of convicted drug traffickers, and often at the last minute, said Mr Shanmugam.

In the past few years, large groups of death row inmates have jointly filed applications to the court after all avenues of appeal and clemency have been exhausted.

To deal with this situation, the new Post-Appeal Applications in Capital Cases Act (Pacc Act) will require death row inmates to seek permission from the Court of Appeal before filing further applications to delay their executions after they have exhausted their appeals.

The law was passed by Parliament in 2022 and is expected to come into force within a few weeks, said Mr Shanmugam.

Contrary to activists’ claims about weakening support for the death penalty, he said, surveys conducted by the Ministry of Home Affairs (MHA) showed that support for the punishment here rose in the last 2 years.

In 2021, 74 % of respondents agreed or strongly agreed that the death penalty should be used for the most serious crimes, including drug trafficking. Preliminary findings from a 2023 survey showed this rose to 77 %.

The 2023 survey found 69 % of respondents agreed or strongly agreed that the mandatory death penalty is an appropriate punishment for trafficking a significant amount of drugs, up from 66 % in 2021.

Due to Singapore’s approach on drugs, Mr Shanmugam said, the number of drug abusers arrested here every year has halved since the 1990s.

But Singapore still faces a threat from drugs.

The number of drug abusers arrested in 2023 was up by 10 % to 3,101, from 2,826 in 2022, according to statistics from the Central Narcotics Bureau (CNB) released in February.

The number of cannabis users arrested was the highest in a decade, jumping 17 % to 277 in 2023, from 236 in 2022. CNB director Sam Tee said then that liberal attitudes towards drugs globally have shifted public attitudes here.

Mr Shanmugam said drug traffickers still try their luck because of the profits they can earn, as the street price for drugs is much higher in Singapore than in other parts of the region.

Leader of the Opposition Pritam Singh asked about new psychoactive substances (NPS) seized by the CNB and if there are specific communities consuming such drugs.

Mr Shanmugam said there has been a jump in NPS seizures, as they were previously not available but have now become easily available because they can be created fairly easily in larger quantities.

He added: “I don’t think there’s a clear correlation, but we have seen a slightly higher level of Chinese participation, as it were, the number of Chinese who take these NPS, compared with the ‘traditional drugs’, if I can so refer to them.”

Mr Murali Pillai (Bukit Batok) asked what was being done to ensure younger generations understand and internalise Singapore’s strong anti-drug policy.

Mr Shanmugam said drugs are now pushed as “cool” to the young through the media, online and by their friends, in what he described as a “multi-faceted assault”.

He said that MHA and CNB have been trying many different ways to try and get their message across better and more clearly.

“There are all these glitzy arguments as to why ‘soft drugs’, cannabis, cause you no harm... It’s frequently glamorised, you can’t get away from it,” he said. “How do we deal with it? You know, we don’t produce Hollywood movies. It’s very difficult to stand against this multi-faceted assault, but I think we have done a reasonably good job.”

Mr Vikram Nair (Sembawang GRC) brought up gateway substances, and asked if there are any such drugs that young people should be aware of.

Mr Shanmugam noted that some might refer to vaping as a gateway, but said that the Ministry of Health would answer as to what steps it is taking to deal with the issue.

Earlier in the Parliament session, Senior Parliamentary Secretary for Health Rahayu Mahzam said that there was a lot of misinformation being spread that vapes are harmless.

She said: “The truth is that there’s a lot of data that suggests they are gateway products to smoking as well as to drug use.”

She was responding to a question from Mr Zhulkarnain Abdul Rahim (Chua Chu Kang GRC), who noted that there was a strong link between vaping and cannabis abuse.

Ms Rahayu said the Health Ministry would continue building knowledge and disseminating information on the issue.

To continue combating drugs, Singapore will mark Drug Victims Remembrance Day every 3rd Friday of May from 2024. The 1st observance event will take place on May 17 at the Ngee Ann City Civic Plaza.

Said Mr Shanmugam: “We will be holding a candlelight display to remember the victims of drug abuse, not only from Singapore, but from all around the world.”

The event will be followed by roving exhibitions across different locations around Singapore from May to July.

Mr Shanmugam said: “I strongly encourage Singaporeans to visit the exhibitions, participate in these activities, to be aware of the global and local drug situation, and to show solidarity in our fight against drugs.”

(source: straitstimes.com)

TAIWAN:

Deciding on whether to keep death penalty

On April 23, the Constitutional Court began deliberating the death penalty. Whether it is constitutional is to be determined by the end of July at the earliest.

One Chinese Nationalist Party (KMT) legislator said that nearly 80 % of people in Taiwan oppose abolishing the death penalty and revealed the names of the nine chief justices who are in support of abolishing it.

Democratic Progressive Party (DPP) caucus whip Ker Chien-ming said that abolishing the death penalty should depend on the social consensus.

How people view this issue should be taken into consideration as well.

Even lawmakers from the same party differ on whether to retain or abolish the death penalty.

Although his party supports abolition, DPP Legislator Wang Shih-chien said that it is equivalent to depriving victims of their right to seek justice. Nobody outside a legal or murder case is qualified to forgive an offender on behalf of a victim.

Issues pertaining to the death penalty have drawn much attention among the public and have led to severe divisiveness and conflicts between supporters and opponents.

Most candidates during election season keep their mouths shut regarding this topic for fear of losing votes if anything they propose does not align with the electorate’s sentiments.

Some candidates even take advantage of death penalty issues to attack their political opponents.

The issues and relevant problems are highly associated with criminology.

Different criminologists say whether certain facts are tied to moral judgements depends on different interpretational stances.

DETERRENCE

Penalties are used as a form of deterrence. It is essential that punishments and their proportionality increase the possibility of deterring would-be criminals or copycats through fear of punishment.

REHABILITATION

The biggest purpose of a punishment is to make offenders turn over a new leaf and start behaving in a better way.

RETRIBUTIVE JUSTICE

Retributive justice proponents believe that whether a person has committed a crime, and the degree of their criminal behavior is a matter of morality.

People in Taiwan have not reached a consensus on the death penalty; human rights and mainstream opinion conflict with one another.

How can a compromise be reached? What could be more important than human rights?

Taiwanese should take the two questions into consideration and have a more meaningful and critical conversation on the issue.

The death penalty has been much discussed in Taiwan for a long time.

In 1990, Interpretation No. 264 — which says the death penalty is constitutional — sparked debate among supporters and opponents of the capital punishment. Interpretation No. 476, issued in 1999, also determined the death penalty to be constitutional.

Before the justices decide on the constitutionality of the death penalty, people should do nothing but respect them and the spirit of judicial independence and the rule of law.

However, the Judicial Yuan is still responsible for reviewing the topic of abolishing the death penalty, clarifying whether people who commit certain crimes should be given a death sentence or not after its constitutionality is determined.

(source: Editorial; Knight Chang is a political worker and doctor of education----taipeitimes.com)

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We Recap Taiwan’s Historic Day-long Hearing About the Death Penalty

Michelle Kuo is a visiting professor at the National Taiwan University and the author of Reading with Patrick. Albert Wu is an Associate Research Fellow at the Institute of History and Philology, Academia Sinica. Together they write the newsletter A Broad and Ample Road.

What you need to know

In this interview we talk about recurring, central questions of the death penalty in Taiwan. Is it really “local” to Taiwan? How has public dialogue changed on this topic, and how much should social consensus matter? Should courts decide?

Last Tuesday, on April 23rd, Taiwan’s constitutional court held a historic day-long hearing to review the constitutionality of the death penalty. It involved 6 expert witnesses, three for each side, and briefing on each side reached thousands of pages. The hearing was open to the public and live-streamed on the government website. We joined a group of thirty or so staffers and volunteers from 3 NGOS—Taiwan Alliance to End the Death Penalty (TAEDP; see our interview with its leaders, Chuanfen Chang and Hsinyi Lin), Amnesty International Taiwan, and Judicial Reform Foundation. We collectively did real-time transcription and translation.

There’s been virtually no English language commentary on this event, so we asked Michelle’s dear student, Yimin Wang, to do a recap with us. Yimin has an encyclopedic knowledge of criminal law. He’s helped incarcerated people access parole and has volunteered at TAEDP for seven years. Just last week, he graduated from his masters program at National Taiwan University; his dissertation explored domestic violence, restorative justice, and the import of American penal approaches in Taiwan. This coming year, he'll do four months of military service, which is mandated by the state, before heading to Harvard for an L.L.M. But besides all of that, he’s humble and kind and generous, always ready to lend a helping hand to a fellow student whom he sees struggling.

In this interview we talk about recurring, central questions of the death penalty in Taiwan. Is it really “local” to Taiwan? How has public dialogue changed on this topic, and how much should social consensus matter? Should courts decide?

Is the death penalty “local” to Taiwan?

Michelle: I think this question—whether the death penalty is “local” to Taiwan—lies at the heart of the public debate here. You’ll hear it all the time in conversations here. The premise is that there’s something inherently “culturally” Asian about the death penalty, and that the desire to abolish it comes from foreigners who don’t understand Asian culture. (As we’ve written, one irony of the “foreign influence” argument is that some harsh penal approaches in Taiwan today are imports from the West.) Last Tuesday the government repeated this argument, stating that the death penalty can be justified by Confucian values and texts.

One of my favorite moments in the hearing was when Cheng-Yi Huang eviscerated that argument. (Look out in the coming month for our interview with Cheng-Yi about transitional justice.)

Cheng-Yi made 3 lucid and powerful responses.

First: indigenous people in Taiwan have never had the death penalty—so what do we really mean by “local”? To whom are we referring?

Second: Historically, when China used the death penalty, Confucianism was invoked by critics—not by those who practiced it.

Third: The use of the death penalty was ramped up during the KMT’s arrival, when they executed dissidents, suspected communists, and others without trial.

More simply, in Taiwan the death penalty has varied with colonial periods, with regimes, and among its diverse groups of people.

Albert: I’m in a reading group with scholars, and they were deeply moved by how Cheng-Yi invoked the historical absence of the death penalty among Indigenous Taiwanese communities. They saw this as the culmination of three decades of scholarship and advocacy for indigenous peoples. For years now, Taiwanese legal scholars such as Tay-sheng Wang, Chia-Wen Lee, and Hao-ren Wu have sought to expand our perspectives beyond that of a Sinocentric approach to crime and punishment. My friends were inspired that the decades-long work of Taiwanese scholars could get such a public hearing—and that their work was cited to make a central argument to abolish the death penalty. If you look at Chengyi’s written expert opinion, he starts his arguments with indigenous communities, turning our attention towards historical alternatives. I think this is an important way of thinking.

And on a side note, I think Cheng-Yi’s expert opinion is a masterclass in legal historical scholarship. It’s clear in prose and moral vision—and broad in its situation of the abolitionist struggle in the world. I really recommend anybody who reads Chinese to at least take a glance at it.

Yimin: I want to emphasize that values and practices that were deemed “local” have evolved over time. I think we have already moved beyond “life for a life” or “eye for an eye”. In the 1990s, the women's rights movement demanded reform of a law that favored husbands over wives. They argued that so-called “local” or traditional values violated the ideal of equality that was enshrined in our constitution. Along a similar vein, civil right activists pushing for procedural safeguards for criminal defendants argued that the power of pre-trial detention that was “traditionally” exercised by prosecutors put people’s right to liberty in jeopardy. Such advocacy prevailed not because western values were “imposed” on our society, but because our values have evolved.

There are many indications that Taiwan has moved beyond an eye for an eye. One of those moments was when many people supported activists who pled for the life of Tang Ying-shen in the late 1980s. Tang, a young indigenous person of the Tsou peoples, was abused by his employer. Ultimately Tang took the lives of his family of three in a fit of rage and was put on death row. Another moment was the trial of Deng Ru-Wen in the mid 1990s. Feminist groups raised protest banners outside of the court in support of Deng, who murdered her abusive husband and was also on death row. And in the 2000s, former Justice Ministers Morley Shih (under the DPP government) and Wang Ching-feng (under the KMT government) also instituted a moratorium on the death penalty. When the International Covenant on Civil and Political Rights became the law of the land in 2009, legislators knew that we needed to move toward the complete abolition of the death penalty.

The government knows full well that the “localness” of the death penalty is neither self-evident nor unchanging. However, in the death penalty hearing, the government failed to bring up this history.

Is there a “social consensus” about the death penalty?

Michelle: The government repeatedly argued that social consensus hasn’t been reached. What do you think of this argument?

Yimin: Justice Jan Sheng-lin addressed this question in his second round of questions He invoked the wisdom of "a man who desires to lead the orchestra must turn his back on the crowd." He gave multiple examples in which the court went against public opinion. Among the two most famous instances: Judicial Yuan Interpretation No. 748, which required marriage equality for same-sex couples, and No. 791, which ended adultery as a crime. He then went even further back and mentioned Interpretation No. 365, a 1994 case that declared statutes favoring men over women in the family unconstitutional. The Court could have given in to public opinion in 1994, but the principle of equality dictated that the Court ruled against these statutes. Justice Jan questioned the Ministry of Justice’s insistence that the Court must consider the public opinion in ruling on the death penalty.

Unsurprisingly, the Ministry dodged the question by pointing out that courts in South Africa, Ukraine and Lithuania declared the death penalty unconstitutional because it was backed by the governments.

Albert: What were the strongest arguments that you heard on the side that argues that the death penalty is constitutional?

Michelle: Although I didn’t agree with him, I think the government’s expert witness Jimmy Hsu was the most nuanced. He rejected the culturally essentialist view and said that this wasn’t about Eastern v. Western values. He argued that martial law had created a gulf in the public sphere between intellectuals and the public, and that intellectuals stood at odds with a broader democratic culture that still sees justice within the bounds of traditional Confucian morality. For Hsu, “judge-made constitutional law” would foreclose any possibility for dialogue.

I see the value of Hsu’s argument; a court can damage its legitimacy when it makes a judgment that is viewed as minoritarian rule. This is the broader point made by scholar Samuel Moyn, who visited Taiwan recently and gave a series of wonderful talks. I agree with a cautious and critical attitude towards courts; we have an unprecedentedly liberal court in Taiwan, but what if reactionaries make a comeback in the future and pack the court? When we look at the United States, we see what has happened with the Supreme Court, asserting its political positions under the cover of so-called legal reasoning. Still, I think that the public dialogue about the death penalty has changed, and Hsu could have provided a more precise portrait of its twists and turns over forty years. Instead, he said that dialogue has only just begun.

Yimin points us to a more popular history of social movements that have come to defend people on death row. More, the idea that social dialogue has only begun obscures the very recent—and incredibly dangerous—role that the media machine has played. Big media has shamelessly turned a morally complex issue into clickbait, fanning the flames of public desire for execution. There is an urgent need to research and bring attention to the role of big media in distorting and influencing public opinion.

Albert: I agree that Hsu was the most persuasive argument on the pro-death penalty side. But I also was not persuaded by his argument that dialogue has just begun. Perhaps we’re too embedded in activist circles, but from what we see, NGOs have spent many years putting on events, engaging in public dialogue. There have also been numerous flashpoints in the past 10 years—2010 and 2014 come immediately to mind—where there was broad discussion within mainstream media about the future of the death penalty. While of course we can have more public dialogue, I feel that the argument that “public dialogue has just begun” minimizes both the work of activists and also assumes that the public hasn’t been paying attention to these issues.

Michelle: I think the notion of the death penalty’s popularity is much more complicated than the government acknowledged. As Chuan-fen and Hsinyi mentioned in our interview, people’s views are multi-dimensional. In Lithuania, supposedly 80 percent of its citizens supported the death penalty, but social scientists found varying answers depending on how polls were structured. For example, half the respondents supported the abolition of the death penalty when told that offenders would be securely isolated. I also don’t agree that a court's decision necessarily forecloses social dialogue. After Lithuania’s constitutional court abolished the death penalty, the government and nonprofits worked effectively to educate the public about alternatives to the death penalty and methods to prevent crime.

The pro-death penalty camp also did not mention the sea change in popular storytelling in Taiwan. As we’ve written, there have been popular TV shows, documentaries, and films in Taiwan that criticize the criminal legal system and expose the rank opportunism of big media. The fact these went unmentioned by the pro-death penalty camp makes you think that their measures for “social consensus” are very flat, neglecting to account for new media consumed by millions of people.

Last, youth ought to be our lodestar for determining whether social values are changing. Yet the pro-death penalty camp didn’t breathe a word about young people. To truly measure popularity, I think you have to isolate data about youth. Look at Miao Poya, an unapologetically vocal anti-death penalty city councilor, whom young people adore. This is a generation of youth who grew up without any experience of martial law; it’s also the first to grow up without corporal punishment in schools. Compared to those who came before them, they may have lower tolerance of harsh punishment. How the state approaches punishment itself shapes social attitudes. As the Lithuanian constitutional court put it, the state’s “repeated promotion of cruelty changes the public’s tolerance of it.”

How did the court talk about victims’ needs, and where does restorative justice fit in?

Michelle: I was moved by Lee Hsuan-yi’s opening statement. He is one of the lawyers for the 37 petitioners on death row. He talked about the grief and anger he had when his grandma was killed, and how he went to law school because he wanted to get justice for her. But as he learned more and began thinking about the origins of violence, he changed his mind and became an abolitionist.

Li Hsuan-yi, whose grandmother was a victim of a brutal crime, spoke movingly from the perspective of victims and provided an opening statement for the petitioners on death row. Yimin: Yes. The hearing began and ended with very different images and conceptions of victims. In contrast to Lee, the Ministry of Justice argued in its closing statement that the state seeks the death penalty for the 37 petitioners on behalf of the victims.

On this issue, the lawyers for the petitioners made 2 points. First, they said that the victims’ families have diverse needs. Most have no prior experience of being a victim of a major crime and are unprepared for the sudden loss of loved ones. They may find it difficult to cope with such a disturbing and stressful situation. The anger, the helplessness, the painfulness, the bewilderment and the sorrow that follow the traumatic incident may require diverse responses that depend on the needs of individual victims. For some victims, execution of the offender is an inadequate way to provide closure.

Second, victims’ families may experience heightened pressure from the public to conform to the stereotype of an "ideal victim." The state exacerbates that pressure by publicly declaring its intention to pursue the death penalty in the aftermath of the crime. Victims’ families might not demand capital punishment if the state has facilitated alternative efforts at reconciliation. Given its resources and expertise, the state could and should do better to help them overcome the traumatic experience. So far, meaningful state response to victims’ needs have been absent.

In the end, the Ministry clung to the stereotypical notion of an ideal victim, one that demands “an eye for an eye.” In so doing, victims’ families are left to themselves after the offenders are sentenced and executed.

Albert: Could you talk about how restorative justice was discussed in the hearing?

Yimin: Justice Huang Jui-Ming brought up this issue, pointing to the petitioners’ brief. According to petitioners, social welfare reform and restorative justice could better address the diverse needs of victims' families. Justice Huang asked lawyers what proactive steps the petitioners have taken to mitigate the impact of their crimes. He also asked the petitioners’ lawyers how the idea of restorative justice could persuade victims who oppose the abolition of the death penalty.

Lee, the aforementioned lawyer, emphasized that the profound loss of a loved one lasts a lifetime. While a criminal trial may span three to five years before reaching a conclusion, the emotional recovery for victims' families extends far beyond that. A meaningful restorative dialogue between the offender and the victims depends on the right time and place. But the current structure of the criminal system in Taiwan does not provide that supportive environment where both parties can engage in a way that fosters understanding and possibly healing. (To be clear, this is a totally voluntary process, so victims’ families can choose not to participate.) It's also worth acknowledging that a significant number of petitioners were sentenced over a decade ago, a time when the concept of restorative justice had not yet gained widespread recognition. Consequently, the majority, if not all, of these individuals have not been afforded the chance to participate in any restorative processes prior to their sentencing to death.

The lawyer Liu Chi-wei represented petitioner Yang Shu-fan before the Court. He explained that Yang, who was responsible for the death of his ex-girlfriend, has sought restorative justice processes as well. We, as a community, have the responsibility to ensure that everyone is included. This demands that we must show understanding towards one another. That is the purpose of the restorative process.

Did the court address wrongful conviction and the fact that people on death row were proven innocent?

Michelle: I am surprised that wrongful conviction was not emphasized during that hearing. Can you tell me more?

Yimin: There are 7 people in Taiwan who have been on death row and been exonerated.

There are others who have not been exonerated but highly likely to be innocent.

Justice Jan asked the petitioners if we could reserve the practice of capital punishment in cases where there is zero chance of wrongful conviction—that is, for cases where defendants whose guilt is absolutely beyond doubt. This is a common point made by supporters of the death penalty in Taiwan; they say that people like Cheng Chieh, who went on a killing spree on Taipei MRT, or Wang Jing-yu, who severed the head of a child on the street, killed their victims in broad daylight. There could be no risk of wrongful conviction in these cases.

Michelle: Those are horrific cases. It’s difficult, if not impossible, to say any words that acknowledge the horror of those crimes. Still—I don’t think it’s self-evident that the punishment required by these crimes outweighs the risk of executing an innocent person. The existence of wrongful conviction forces us to ask: how can we entrust the awesome power of killing to a state that malfunctions repeatedly and at multiple stages of the legal process? The state arrests the wrong guy. It tortures the defendant. It coerces a confession. It uses junk science at trial. The media—which we all consume—speeds up the process of conviction. Then, during appeals, it’s deny, deny, deny. Chih-Hung Hsieh spent 19 years in prison on death row, for instance, before hard-working and mostly underpaid members of civil society worked to get him out.

How much does geopolitics matter? Europe? And why would anybody ever cite American law on the death penalty?

Albert: Was there anything that surprised you in the line of questioning from the judges? I thought the question from the judge Fu-Meei Ju about the death penalty and Taiwan’s geopolitical situation to be quite pointed and surprising. It seems like she was saying: Shouldn’t we hold onto the death penalty because how are we going to deal with traitors in a wartime situation? What did you think of that question?

Yimin: Her question overlooked that European countries have always navigated the landscape of geopolitical risks since the dissolution of the Soviet Union. Ukraine, a nation under armed conflicts with Russia since 2014, has not reintroduced the death penalty. This is despite Russia having attempted to influence Ukrainian politicians and obtain intelligence from national security personnel through financial means. It is a remarkable feat considering that Ukraine has significantly fewer resources than Russia in countering espionage, yet it’s Russia that is considering the reinstatement of the death penalty. The Baltic states have been living under the threat of Russian infiltration. Then again, there are no plans to reintroduce the death penalty. Therefore, her question appears to be driven more by her preference for the death penalty rather than a genuine concern for national security necessity.

Michelle: For my part, as an American lawyer, I cringed every time the pro-death penalty camp cited American law. I wish the judges had questioned whether American law on the death penalty could ever be a guide to the world. In the United States capital punishment is indisputably racist in its application. In one famous study of 2,500 murder cases in Georgia, defendants charged with killing white victims were 4.3 times as likely to receive a death sentence than defendants charged with killing Black victims. This statistical disparity was brought to the Supreme Court in 1987, but the death penalty wasn’t struck down. Justice Powell famously said on his deathbed that he made a mistake and wished he could change his vote.

Race is just one powerful example of how arbitrary the death penalty is in the United States. But there are many other factors, such as access to and quality of legal representation, the state one lives in, and so on.

On another note, Yimin, I know that Europe gives Taiwan flak for not yet abolishing the death penalty. Can you tell us more about this?

Yimin: Just this Friday, the EU representative in Taiwan met with Chen Chu, once again calling for the abolition. Taiwan has faced ongoing pressure from the international community to abolish the death penalty in recent years. In 2013, a group of international human rights law experts invited by the government strongly recommended that Taiwan step up its efforts towards abolishing capital punishment and to promptly enact a moratorium on executions. Similar recommendations were made in 2017 and 2022. Most recently, the experts again expressed their extreme disappointment that Taiwan continued with the executions despite the recommendations made in the last decade. The European Union, with whom the government claims to share democratic values and human rights, has also repeatedly urged Taiwan to abolish the death penalty.

In response, the government has consistently claimed that it adhered to the policy of “gradual abolition of the death penalty.” Under this policy, the government acknowledges the imperative to abolish the death penalty, yet it intends to do so gradually. It aims to restrict the use of the death penalty, implement procedural safeguards for capital defendants, and introduce alternatives to capital punishment—all with the hope of garnering public support for eventual abolition.

But the arguments presented by the Ministry of Justice at the hearing should cast doubt on its professed commitment to gradual abolition. The representative of the Ministry explicitly denied the right to life of perpetrator and affirmed the power of the state to take away their lives. When asked by Justice Jan what concrete steps it had taken to promote abolition, the government failed to provide any evidence other than conducting polls.

The hearing may have revealed that its claim of gradual abolition of the death penalty has always been used to maintain its image as a country that upholds human rights.

Albert and Michelle: Thanks so much for taking the time to be a part in this discussion, Yimin!

(source: international.thenewslens.com)

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Man's death penalty commuted to life sentence after 4 retrials

Kaohsiung, May 7 (CNA) A Kaohsiung man's death sentence was commuted to life imprisonment Tuesday by the Kaohsiung Branch of the Taiwan High Court, after his case was retried for the 4th time.

According to the court's verdict Tuesday, the man surnamed Liu was accused of robbing and killing a woman near Haluo market in Kaohsiung's Zuoying District on Dec. 3 2014.

According to previous verdicts, Liu rode a scooter looking for his ex-girlfriend that day hoping to get back together, while carrying a hammer and planned to threaten her if she refused, but his girlfriend was not at home so he left.

Later the same day he saw a woman, who had just finished grocery shopping at Haluo market and was getting in her car, whom he proceeded to attack with the hammer in an attempt to steal the vehicle. The strike caused the woman to fall into the passenger seat, the initial verdicts said.

When the victim appeared to be regaining consciousness after the initial attack, Liu struck her on the head another 13 times.

However, he was unable to drive the car away as the steering wheel was locked and so took NT$2,000 (US$61.79) from her purse and raped her before leaving, the earlier verdicts concluded.

The woman, a retired teacher, was later found dead in the car by police.

Liu received the death sentence for robbing and killing the woman in all four previous verdicts.

However, after several appeals and the Supreme Court sending the case back to the Kaohsiung court 4 separate times, the latter ruled Tuesday that the woman Liu robbed and killed was a random target.

The Kaohsiung court ruled that Liu did not plan to rob and kill the woman and therefore the crime does not fit the category of "most serious crimes" listed in the International Covenant on Civil and Political Rights, and the death penalty can only be implemented under such circumstances.

In addition, the court ruled that there is lack of evidence proving Liu stole NT$2,000 from the victim, despite the fact he confessed to doing so, and it is difficult to ascertain with certainty that he intended to kill the victim when he attacked her with the hammer.

Furthermore, the court said that results of psychological assessments and pre-sentence investigations showed that Liu is still civilizable, therefore his death penalty was commuted to a life sentence and disenfranchisement for life.

The ruling can still be appealed.

Meanwhile, Liu's sentence of 10 years for rape has already been affirmed in previous rulings.

Learning about the latest ruling, the victim's husband said he will do everything in his power to fight for justice for his wife.

Carrying the purse stolen from his wife by Liu, the husband, surnamed Chang, told reporters that Liu cut the hammer shorter to make it easier to carry with him, which indicates he did "plan to kill someone."

He added that Liu made sure his wife was alone, followed her and waited for her to get in the car. "Does this not count as planning (to kill her)?"

Chang then questioned why the court said there was a lack of evidence Liu stole from his wife and asked the family to produce evidence of the exact amount stolen, when Liu himself admitted to stealing about NT$2,000 during the investigation.

He also argued that Kaohsiung Veterans General Hospital's report indicated there is a high possibility Liu could commit sexual offences again in 15 years, while Kaohsiung Municipal Kai-Syuan Psychiatric Hospital confirmed the man does not have mental health problems, all of which the court ignored.

In addition, Chang noted that Liu has three lawyers from the Legal Aid Foundation while he initially only had one from the Association for Victims Support. Even after hiring a second lawyer, he still has less representation.

Chang went on to said that in countries where the death penalty has been abolished, there is often the option of life imprisonment without parole to ensure that perpetrators cannot re-enter society.

However in Taiwan, a life sentence still comes with the possibility of parole, which not only fails to provide closure for victims and their families but also adds to their fear.

Under current conditions, Taiwan is not ready to abolish the death penalty, he stressed.

(source: focustaiwan.tw)

INDIA:

Gauhati High Court reduces death sentence to rigorous imprisonment for life----A division bench of the Gauhati High Court, comprising Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita, sentenced an appellant to undergo rigorous imprisonment for life instead of the of the death penalty given to him by a trial court.

A division bench of the Gauhati High Court, comprising Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita, sentenced an appellant to undergo rigorous imprisonment for life instead of the of the death penalty given to him by a trial court.

The bench said that the trial court, while imposing the ultimate penalty of death on the appellant, failed to take into consideration the possibility of his reformation, rehabilitation, and social reintegration. “It is only when the possibility of reformation, rehabilitation, and social reintegration of the convict is ruled out, the extreme penalty of death may be imposed, which is not the case in the instant case,” the court said, adding, “In view of the above discussion, we do not think that any of the factors in the present case discussed above warrant the award of the death penalty. There are no special reasons to impose the death penalty, and the mitigating factors in the present case, in our opinion, are sufficient to place it out of the ‘rarest of rare’ category.”

“For the reasons aforementioned, we are of the opinion that this is not a case where the death penalty should be imposed. The appellant, therefore, instead of being awarded the death penalty, is sentenced to undergo rigorous imprisonment for life,” the high court said.

The appellant, Jashim Uddin Barbhuiya, impugning the judgement dated October 1, 2018 passed by the learned Sessions Judge, Hailakandi in Sessions (T-1) has been convicted under Sections 376/302 of the Indian Penal Code as well as under Section 4 of the POCSO Act, 2012, and by order dated October 4, 2018, the appellant has been sentenced to imprisonment for life for the offence of committing rape/penetrative sexual assault and to pay a fine of Rs. 10,000/- under Section 376 of the Indian Penal Code, read with Section 4 of the POCSO Act, 2012, in default of payment of fine to undergo rigorous imprisonment for 3 months. The appellant has also been sentenced to death for committing the offence of murder under Section 302 of the Indian Penal Code, and was also sentenced to pay a fine of Rs. 10,000 under Section 302 of the Indian Penal Code. In default of payment of the fine, he will undergo rigorous imprisonment for 3 months.

(source: sentinelassam.com)

BANGLADESH:

Death penalty as max punishment for mutiny: Cabinet okays draft of Ansar Battalion Act

The Cabinet on Monday gave the final approval to the draft of Ansar Battalion Act, 2023, keeping death penalty as the maximum punishment for different crimes including mutiny and provocation for rebellion.

The approval came from the cabinet meeting chaired by Prime Minister Sheikh Hasina at her office in Dhaka city.

According to the proposed law, there will be two courts to try the internal crimes of Ansar battalion members. One is ‘Summery Ansar Battalion Court’ to be headed by an additional director and another is ‘Special Ansar Battalion Court’ to be headed by the director general, said Cabinet Secretary Md Mahbub Hossain while briefing reporters at Bangladesh Secretariat.

“Serious crimes like committing mutiny, instigating for revolt, creating ground for rebellion, engaging in conspiracy will be tried in the Special Ansar Battalion Court. The maximum punishment for such crimes is the death penalty,” he said.

Besides, other serious crimes related to the punitive provisions ranging from life imprisonment to minimum five years of imprisonment will be tried in special courts, he added.

Earlier, the cabinet approved in principle the draft law in March this year.

(source: thefinancialexpress.com.bd)

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3 get death penalty for killing van driver in Joypurhat

A court here today sentenced 3 people to death in a case filed over killing van driver Abu Salam in Kalai upazila of the district in 2005.

Additional District and Sessions Judge Court-1 Judge Md. Nurul Islam pronounced the verdict this afternoon.

The convicts are - Haroon-Or-Rashid, son of Jahangir Hossain, Mostak Ahmed, son of Moslem Uddin and Hafizar Rahman, son of Jasim Uddin, residents of Awra village of the upazila.

The court also fined them Taka 50,000 each.

According to the details of the case, on January 12 in 2005, van driver Abu Salam was strangled to death by the accused in Durgadaha area under Joypurhat Sadar upazila and the accused hide the body of Abu Salam at an old graveyard of Amjad Hussain family in Awra area of the Kalai upazila and fled his van.

According to the details of the case, on January 12, 2005 van driver Abu Salam was strangled to death by the accused at Durgadaha area under Joypurhat Sadar upazila and the accused dumped the body of Abu Salam at an old Amjad Hussain's family graveyard in in Awra area of the Kalai upazila and the accused fled with Abu Salam's van.

On January 13 in 2005, locals found Abu Salam's body and informed police.

Later, police recovered the body from the spot and sent it to the morgue.

Officer-in-charge (OC) of Kalai Police Station Mirza Md Shahjahan filed a case as the plaintiff.

On July 9, 2005, the investigating officer of the case filed the charge sheet in the court. After examining the record and witnesses, the court found 5 people guilty.

Public Prosecutor (PP) Advocate Nripendranath Mondal confirmed the matter.

(source: bssnews.net)

MALAYSIA:

Death sentence commuted as 2 get 12 years for causing death

2 turtle egg collectors escaped the gallows after the Court of Appeal commuted their mandatory death sentence to 12 years imprisonment today for causing the death of their colleague attempting to break up a fight 8 years ago.

A panel of 3 judges, led by Datuk Hadhariah Syed Ismail, meted out the sentence against Faizol Aznan Muhamad, 43, and Mohd Riduan Ismail, 35, after the court unanimously replaced the conviction under Section 302 of the Penal Code for the offence of murder, to Section 304 (a) of the same law.

“Therefore, the sentence under Section 302 of the Penal Code is set aside, and replaced with a 12-year prison sentence, starting from the date of arrest,” she said.

The other judges on the bench were Datuk Ahmad Zaidi Ibrahim and Mohamed Zaini Mazlan.

Faizol and Riduan were arrested in 2016 and 2017, respectively.

Earlier, lawyer Ghazali Ismail, representing the 2 appellants, informed the court that the defence had submitted a representation to the Attorney-General’s Chambers (AGC) to amend the charges against the clients from Section 302 of the Penal Code to Section 304 (a) of the same law, and the AGC agreed to it.

“The 12-year prison sentence, starting from the date of arrest, was also agreed upon by both parties,” he said.

Deputy public prosecutor Mohd Amril Johari also confirmed the matter.

The charge, framed under Section 304 (a), was read to Faizol and Riduan, and they later pleaded guilty to the charge.

The two were accused of causing the death of Razak Abdullah, 50, also a turtle egg collector, at Pantai Geliga, in front of SK Sri Geliga Chukai, Kemaman, at around 7am on June 3, 2016.

The charge was framed under Section 304 (a) of the Penal Code, which provides for a maximum prison sentence of 30 years and is liable to a fine.

Based on the facts of the case, Faizol had an argument with a man, another turtle egg collector, regarding the division of the turtles’ egg-laying area on the beach.

The victim, who was at the scene of the incident, tried to calm both parties, which angered Faizol, who then repeatedly hit the victim in the face with a stick. The 2nd accused, Riduan, intervened by hitting the victim in the face with a helmet.

On August 9, 2021, the Kuala Terengganu High Court sentenced Faizol and Riduan to death after finding that the defence had failed to raise reasonable doubt against the prosecution’s case at the end of the defence case.

(source: selangorjournal.com)

SAUDI ARABIA:

Kenyan murder convict appeals for KES 123.3M to save him from being beheaded

A Kenyan man based in Saudi Arabia was handed the death sentence after being found guilty of murder. Stephen Munyakho, 50 was found guilty of murdering his colleague Abdul Halim Mujahid 13 years ago.

The disagreement between the 2 quickly escalated and Stephen alias Stevo stabbed him in the thigh and thumb.

Halim sought help in a hospital which he walked himself to but later succumbed to the injuries. Stephon was tried and found guilty of manslaughter.

Halim’s family however appealed the judgement in a Shariah court and got one in their favour, Stephen was sentenced to death.

Upon being sentenced to death which happens by sword in Saudi Arabia, he could not be beheaded immediately as one of the deceased child was a minor.

(source: tv47.digital)

IRAN:

Wave of Executions and Protests in Isfahan’s Prison: 11 Executions in a Week

Last night (Monday, May 6), when the regime’s henchmen attempted to transfer 4 death row prisoners named Masoud Estaki, Jafar Hosseinzadeh, Majid Rezai, and Mostafa Aghamohammadi to solitary confinement for execution in Isfahan’s Dastgerd Prison, other prisoners objected and tried to prevent their transfer. The day before (Sunday, May 5), the regime’s henchmen hanged a prisoner named Hossein Bayazidi in the same prison. Thus, the number of executions in Isfahan’s prison within a week (April 28 to May 5) reaches at least 11 individuals.

On the other hand, political prisoner Mahmoud Mehrabi, detained in Isfahan’s Dastgerd Prison, was sentenced to death by Branch 5 of the regime’s Revolutionary Court in Isfahan on May 5. Today, the regime’s website, Aftab News, justified this criminal verdict by stating: “This individual has, during the 2022 riots in cyberspace, spread content including instructions on using handmade weapons, incited destruction of public property, instigated people to war and massacre, and insulted sanctities.” Mahmoud Mehrabi, 35, has been arrested multiple times since 2017.

Iranian Resistance once again demands urgent action from the UN High Commissioner and Human Rights Council, and the UN Special Rapporteur on Human Rights in Iran, to save the lives of prisoners, especially political prisoners, and reemphasizes the necessity of an international fact-finding mission to visit Iranian prisons and meeting with prisoners.

(source: Secretariat of the National Council of Resistance of Iran (NCRI) )

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Kurdish prisoner of conscience’s last meeting with family sparks execution fears

Executions

Khosrow Besharat, a Kurdish prisoner of conscience sentenced to death, had his last meeting with his family on 5 May in Ghezel Hesar prison in Karaj, Alborz province, heightening fears of his imminent execution.

Besharat was transferred to solitary confinement on 1 May at the same times as the execution of his cousin and co-defendant Anvar Khezri.

5 of Besharat’s co-defendants, Ghassem Abasteh, Ayoub Karimi, Davoud Abdollahi, Farhad Salimi, and Anvar Khezri, have been executed in recent months.

The Kurdistan Human Rights Network (KHRN) has learned that Besharat’s family, summoned from Mahabad, West Azerbaijan Province, had a brief 20-minute visit with him in Ghezel Hesar Prison in Karaj.

Background

Besharat was arrested in February 2010 by security forces in Mahabad, West Azerbaijan Province, and taken to the Ministry of Intelligence detention centre in Orumiyeh, West Azerbaijan Province.

In a letter he wrote in 2021, he recounted his one-month detention and torture at the ministry’s detention facility: “It was in January 2010 when I was arrested by the intelligence forces in Mahabad and immediately transferred to the Ministry of Intelligence in Orumiyeh. They subjected me to various forms of torture for a full month in solitary confinement. Often, from midnight until morning, terrifying noises, cries, and screams of someone being tortured filled the air, instilling fear and trembling throughout my body. I could not sleep until morning due to the fear, and this greatly distressed and mentally tortured me. They often tied my hands tightly from behind, causing me to moan in pain. Many times, they hung me from the ceiling for hours with handcuffs, and at other times, they restrained me on a bed, strongly hitting the soles of my feet with electric cables, almost causing my brain to come out of my mouth, and my eyes to detach from their sockets, while my heart felt like it was about to burst.”

In a subsequent part of the letter, he continued: “These tortures continued for three weeks, after which they threatened to arrest my family members. During these tortures and threats, the interrogator wrote down the charges against me, and in that state, I was forced to sign and leave my fingerprints on the same paper. At that time, it felt like I did not exist in this world, and I did not know what I was signing.”

After the end of his interrogation period, the Besharat spent some time in Mahabad, Orumiyeh, and Evin Prison’s Ward 350 before being transferred to Rajai Shahr Prison in Karaj.

In March 2016, Besharat and his six co-defendants were tried in Branch 28 of the Islamic Revolutionary Court in Tehran, presided over by Judge Moghiseh, on charges such as “acting against national security”, “propaganda against the state”, “membership in Salafi groups”, and “spreading corruption on earth”.

On 25 May 2016, they were officially informed of the death sentence. After the lawyer objected to the issued verdict, the case was referred to Branch 41 of the Supreme Court, presided over by judge Razini, which overturned the verdict in early 2017 and referred the case to Branch 15 of the Islamic Revolutionary Court in Tehran.

After the referral of the case to Branch 15 of the Islamic Revolutionary Court in Tehran, presided over by Judge Salavati, in June 2018, the seven prisoners were again sentenced to death on charges of “spreading corruption on earth.”

Following the lawyer’s objection to the issued verdict, the case was referred to Branch 41 of the Supreme Court, and in February 2020, the verdict was upheld with the pressure from the Ministry of Intelligence.

On 3 February 2020, the prisoners’ lawyer, Mahmoud Alizadeh Tabatabaei, was officially informed of the final verdict.

Additionally, on 30 June 2018, Besharat was also sentenced to 10 years in prison in a separate case in Branch 12 of the Orumiyeh Appeals Court for “involvement in murder”.

In August 2023, the 7 prisoners were transferred to Ghezel Hesar Prison after the closure and evacuation of Rajai Shahr Prison in Karaj.

(source: kurdistanhumanrights.org)

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Pediatrician Arrested for Anti-Execution Protest in Lordegan

In Lordegan, Chaharmahal and Bakhtiari province, Mehrshard Kunlayni, a pediatric specialist, was arrested by security forces after he protested against capital punishment, displaying a placard in a public area.

The placard Kunlayni held read, “No to the execution of Khosrow Besharat and Mahmoud Mehrabi.” Mahmoud Mehrabi, a political prisoner, has recently been sentenced to death. Meanwhile, Khosrow Besharat, a Sunni prisoner on death row, faces imminent execution at Ghezel Hesar Prison in Karaj.

Kunlayni’s whereabouts and his condition are unknown at this time.

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Unresolved Tragedy: The Hidden Graves of Iran’s Executed Activists

On May 9, 2010, Farzad Kamangar, a dedicated teacher and human rights activist, was executed alongside 4 fellow political prisoners—Ali Heydarian, Shirin Alam Hooli, Farhad Vakili, and Mehdi Eslamian—following a highly flawed judicial process. The executions, conducted secretly in a prison parking lot, proceeded without prior notification to their lawyers or families.

14 years after these executions, the burial sites of the deceased remain undisclosed. The trials and executions faced widespread international condemnation, highlighting severe violations of legal rights, including arbitrary arrests, prolonged solitary confinement, lack of legal representation, and physical and mental torture—particularly noted in the detention facilities of Sanandaj and Kermanshah operated by the Ministry of Intelligence. Most disturbingly, at least 3 of the prisoners, Kamangar, Vakili, and Heydarian, were reportedly sentenced for Moharebeh (enmity against God) in a cursory seven-minute court session.

Kamangar’s lawyer has openly criticized the judiciary for its politicization, stating that the court disregarded their arguments and asserting his client’s innocence. Despite ongoing appeals from human rights organizations, Iranian authorities continue to withhold information on the locations of the graves, refusing to return the bodies to their families.

In memory of Farzad Kamangar and to honor his legacy, several teachers’ unions have marked May 9, coinciding with Teacher’s Week in Iran, as a day to celebrate the “free-minded teacher,” commemorating his commitment to education and human rights.

(source for both: en-hrana.org)

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Iran Says 2022 Protest Supporter's Death Sentence Can be Appealed

The Islamic Republic's judiciary has announced that the death sentence handed to political prisoner Mahmoud Mehrabi can be appealed to the Supreme Court of Iran. But it added that the defendant has "52 private plaintiffs" against him.

On Tuesday, May 7, the judiciary-affiliated Mizan News Agency claimed that, during the 2022 nationwide protests following the death of Mahsa Amini, Mehrabi had posted controversial material on social media platforms. The material ranged from "instructions on how to use handmade weapons, calls to destroy public property" to "inciting people to riot and carnage and insulting the sacred," it said.

According to the news agency, "52 private plaintiffs" have also complained against him for "spreading lies."

In a video posted earlier, Mahmoud Mehrabi's sister, Maryam Mehrabi, said that her brother was sentenced to death just for being a cyberspace activist even though nobody's nose had been bloodied and no finger had been injured.

She said that her brother had supported people in the "Woman, Life, Freedom" movement and was sentenced to death because the judge had not observed any sign of remorse on his face.

A source told IranWire that the charges against Mehrabi are all trumped up, as he was merely exposing the financial and moral misconduct of Mobarakeh City Council members and their exorbitant bonuses.

According to the source, all the so-called "private plaintiffs" against Mehrabi are affiliated with the government or hold roles, including security positions, in the Isfahan province.

Mehrabi is a 36-year-old electrical engineering graduate from Isfahan's Allameh Majlesi University.

According to human rights sources, Mehrabi has been sleeping on the bare floor of Dastgerd Prison in Isfahan. Last year, despite suffering a hernia caused by beatings, prison authorities denied Mehrabi the chance to undergo necessary surgery.

But when a distressing audio recording surfaced showing his mother highlighting his grave condition, the authorities quickly transported him to Al-Zahra Hospital in Isfahan. He was promptly sent back to prison after undergoing a surgical procedure.

In July of 2023, Mahmoud Mehrabi was officially indicted with 187 charges by the second investigation branch of Isfahan's Public Prosecutor's Office and the Mobarakeh Revolutionary Court.

The charges against him include "threat," "spreading falsehoods," "defamation," "propaganda against the system," "acts of sedition and corruption on Earth," and "insulting the dignity or causing harm to others by disseminating private or family audio, images or videos without their consent."

As of now, the Islamic Republic has executed at least nine people who had been arrested in the course of the 2022 nationwide protests. These include Mohsen Shekari, Majid Reza Rahnavard, Mohammad Mahdi Karami, Seyyed Mohammad Hosseini, Majid Kazemi, Saleh Mirhashemi, Saeed Yaqoubi, Milad Zohrehvandand Mohammad Ghobadlou. Several other protesters are currently on the death row as well.

(source: iranwire.com)

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Tortured, Now Facing Execution after Sham Trial: Urgent Appeal for Kurdish Political Prisoner in Iran----“They Hung Me from the Ceiling with Handcuffs”; Escalating Political Executions in Iran Demand Strong International Response

In a brief, heart-wrenching visit, the family of Khosrow Besharat, who is incarcerated in Iran’s Qezel Hesar Prison—where mass hunger strikes are ongoing to protest surging and unlawful executions—faced the realization that their loved one, a political prisoner tortured into a coerced “confession,” now faces imminent execution.

“From the moment of his arrest, Khosrow Besharat has been stripped of his rights, denied a fair trial, and subjected to grotesque torture,” said Hadi Ghaemi, executive director of the Center for Human Rights in Iran (CHRI).

“The reality is that the Islamic Republic uses the death penalty for political purposes to instill fear in the society, particularly among their opponents,” Ghaemi said.

“The international community must serve notice to the Iranian authorities that the politically motivated executions and appalling injustices perpetrated within the Islamic Republic’s judicial system will result in severe and intensifying political and economic consequences,” Ghaemi urged.

“The perpetrators of these crimes—from the interrogators who torture unlawfully detained individuals to the judges who convict them in sham trials—must be held accountable,” he added.

Following his family’s 20-minute visit on May 5, Besharat, an ethnic Kurd, was sent to solitary confinement, which is typically a precursor to execution in the Islamic Republic’s judicial system.

Activists from members of minority communities in Iran suffer especially harsh state retribution. They are routinely sentenced to long prison terms after sham trials, and are disproportionally sentenced to death.

CHRI calls on the Iranian authorities to immediately halt any plans to execute Khosrow Besharat, given the severe violations of Iranian law that have occurred during his prosecution, including the use of torture to extract a false confession.

CHRI calls on governments worldwide, especially those who oppose the death penalty, to exert pressure on Islamic Republic officials and demand an end to arbitrary death sentences, the torturing of prisoners, and the use of forced “confessions” in trial proceedings. This must be backed by robust diplomatic and economic repercussions.

Human rights sanctions against complicit judicial officials in the Islamic Republic should be pursued vigorously. Particular focus should be placed on those officials involved in issuing death sentences for political prisoners and prisoners of conscience.

Countries and international institutions are urged to establish and maintain reliable mechanisms that facilitate the ability of lawyers and human rights activists to safely provide documents and evidence of human rights violations in Iran. Ensuring free and secure access to the internet and providing secure messaging tools are necessary to ensure the transmission of such evidence.

Torture Detailed in Besharat’s Letter from Prison

In September 2020, Besharat, 38, wrote a letter from prison, denying the accusations against him, and detailing torture suffered while held in the Ministry of Intelligence’s detention center in the city of Orumiyeh, West Azerbaijan province.

“It was in February 2010 when I was arrested by the Ministry of Intelligence agents in Mahabad, and they immediately transferred me to the ministry’s detention center in Orumiyeh,” Besharat wrote in a letter from prison in 2020.

“For a whole month, I was kept in solitary confinement and subjected to various kinds of torture… Many times they hung me from the ceiling with handcuffs and hit the soles of my feet with thick electric cables such that I thought my brain was going to come out of my mouth and my eyes out of their sockets and my heart was bursting out of my chest.”

“These tortures continued for 3 weeks, and after that they threatened me with the arrest of my family members. Under these kinds of torture and threats, the interrogator himself wrote the accusations against me and I was forced to sign and put my fingerprints on the document. I was not fully conscious and did not know what I was signing.”

This Kurdish prisoner of conscience was arrested in February 2010, along with 5 other men, in connection with the assassination of Abdolrahim Tina, the Friday prayer leader in Mahabad, West Azerbaijan province. They were charged with the catchall, death-sentence carrying charge of “corruption on earth,” and “sympathizing with Salafi (Sunni extremist) groups.”

On May 1, 2024, Besharat’s cousin and co-defendant, Anvar Khezri, was executed. 4 fellow co-defendants, Farhad Salimi, Ayoub Karimi, Qasem Abasteh and Davoud Abdollahi, were all executed in the past 6 months.

All of these death sentences were issued after prosecutions that did not conform to even minimum international standards of due process or fair trial rights.

The defendants were denied the right to choose their own lawyers in all stages of the proceedings, and the death sentences were issued in a series of secretive procedures by Branch 28 and Branch 15 of Iran’s Islamic Revolutionary Court in Tehran, presided by judges Mohammad Moghiseh and Abolqasem Salvati respectively, who are notorious in Iran for issuing harsh sentences based on unsubstantiated charges that have been dictated by state intelligence agents.

Since the 2022 “Women, Life, Freedom” protests that swept across Iran, executions—which are carried out in the Islamic Republic without any semblance of due process—have increased dramatically.

In 2023, 853 executions were recorded, a 48% increase from 2022 and a 172% increase from 2021, according to Amnesty International. In just the first months of 2024, more than 95 executions were recorded. Increasingly, the Islamic Republic is issuing politically motivated death sentences after sham trials against protesters and other critics of state policies.

(source: iranhumanrights.org)

MAY 7, 2024:

NEW YORK:

James Moore, New York’s longest-serving prisoner, dies

James Moore, the longest serving prisoner in New York, died on April 30 at Coxsackie Correctional Facility south of Albany, his wife says. Moore was 90 years old. He pleaded guilty in 1963 to the brutal murder of Pamela Moss, a Penfield teenager.

After 60 years in custody, Moore was paroled in 2022 after nearly 2 dozen failed bids. Due to his medical condition—including hip fractures, kidney disease, and the partial amputation of both legs—and despite efforts of prison staff to arrange for his relocation, no nursing facility was found with a bed or services available for his care. As a consequence, Moore remained in the prison medical unit, where he died.

Moore’s wife of 35 years, Joyce Smith-Moore, of Auburn, told me that Moore suffered a mild stroke days before his death. His body, she said, has been cremated.

In 1963, Moore, then 28, was living in Webster with his 1st wife and their 3 children. He was working as a gardener in the neighborhood of the Moss family in Penfield when he saw 14-year-old Pamela Moss on her way to an after-school babysitting job. The horrific nature of the crime, the manhunt for the killer, and Moore’s arrest was major news throughout Rochester and the upstate area.

In confessing, Moore said he hadn’t planned the attack, but when he saw Pamela he approached her as she took a shortcut through the woods. He said he talked to her of the beauty of the woods, then grabbed her around the waist and suffocated her by putting his arm over her mouth. After she was dead, he raped her and dumped her body in shallow water near a quarry.

While in Monroe County jail, Moore attempted suicide, but soon agreed to a plea: In exchange for the state not pursuing the death penalty, he would plead guilty to 1st-degree murder and receive a sentence of what was then called “natural life.”

During his decades of prison, Moore maintained a clean record with few behavioral violations. He completed psychological counseling, earned 3 college-level degrees, and became a teacher of Buddhist meditation. He publicly acknowledged responsibility for his crime and expressed remorse.

In 2007, while researching his case for an article, I visited Moore at Cayuga Correctional Facility south of Auburn, where he was then being held. He was 73, and still able to walk.

I asked him why he hadn’t ever contacted the Moss family to express remorse directly to them. He’d considered doing so, he told me, but said the family has “suffered enough” and thought that contacting them might be “rubbing salt in the wounds.”

“I do have a lot of remorse, though,” he told me. “I’m extremely sorry for the family, and that it’s caused them so much pain over the years.”

Moore also spoke about his achievements in prison—particularly his work as a mentor to younger inmates—and about a sense of calm he’d found through Buddhism.

“I can’t change what I did that day,” he said, referring to Pamela Moss’s brutal murder, “but I sure as hell can change myself. I was ashamed of who I was when I came in here—that’s why I tried to kill myself—but I’m not ashamed of who I’ve become.”

(source: Peter Lovenheim is Washington correspondent for the Rochester Beacon)

FLORIDA:

‘We want the death penalty’: Woman indicted in death of Sierra Hernandez in Polk County

Shawn Hernandez was relieved when he was informed last week that a grand jury returned a 1st-degree murder indictment in connection with his daughter’s death in January.

“It’s good news,” he said. “We’re beyond ecstatic about it. Happy. I wish there was more we knew at this time but as of right now, we know just as much as everyone else does.”

Daphne Fernandez has been in jail for months on charges related to Sierra Hernandez’s death, including accessory after the fact, kidnapping and abuse of a dead human body. This month’s 12-count grand jury indictment is the 1st time anyone has faced a 1st-degree murder charge in the case.

The indictment alleges on or between Jan. 9 and Jan. 15, Fernandez “did actually and unlawfully from a premeditated design to effect the death of a human being, kill Sierra Hernandez, a human being by an act of homicidal violence, or while engaged in the commission or attempt to commit any kidnapping, false imprisonment, or grand theft of a motor vehicle, Daphne and Fernandez, or her accomplice caused the death of Sierra Hernandez.”

The other 11 counts on the indictment are kidnapping, abuse of dead human body, grand theft (motor vehicle), unlawful possession of a stolen credit card, criminal use of personal identification, fraudulent use of credit card (3+ times), felony petit theft, driving while license revoked, tampering a physical evidence, tampering with a witness and accessory after the fact to a capital felony.

At first appearance Monday, a judge ordered Fernandez to be held on no bond.

Another judge had previously granted the state’s motion for pretrial detention after a hearing earlier this year.

According to authorities, Hernandez was killed after showing up at Fernandez’s Winter Haven home to meet a man she had met online in January.

That man had received permission from Fernandez for he and Hernandez to stay at the house

. Court documents show when the man left the home, Hernandez contacted him because her vehicle was gone.

Witnesses say they saw Hernandez tied up in the home.

Fernandez’s son testified at her pretrial detention hearing that he saw his mother beat Hernandez.

Evidence showed Fernandez drove Hernandez’s vehicle to the Hard Rock Casino and she used Hernandez’s bank card to pay a utility bill.

Burned human remains were found in Fernandez’s backyard.

Enrique Martinez, identified in court documents as Fernandez’s boyfriend, was also seen at the home.

At the time of Hernandez’s death, Martinez was wanted for the murder of Edil Rodriguez, 33, in 2023.

He is being held on no bond on that murder charge.

“I believe he was just as guilty as everybody else that was there,” Hernandez said. “We want the death penalty. That’s just what we want.”

(source: WFLA news)

ALABAMA----impending execution

Jamie Mills Given Execution Date of May 30, 2024, in Alabama

Jamie Mills is scheduled to be executed on Thursday, May 30, 2024, inside the execution chamber at the Holeman Correctional Facility in Atmore, Alabama. The execution will occur sometime between 12:00 am on Thursday, May 30, 2024, and Friday, May 31, 2024. 50-year-old Jamie is convicted of murdering 87-year-old Floyd Hill and his 72-year-old wife Vera Hill on June 24, 2004, in Guin, Alabama. For the last 16 years, Jamie has resided on death row in Alabama. His execution will be carried out by lethal injection.

According to Jamie’s sister, they grew up in a “good home” in Haleyville, Alabama. Jamie dropped out of school in the 11th grade. He then worked as a truck driver and mechanic and various places. Before his arrest, Jamie had last worked at a local Amoco service station, where his boss spoke well of him. In the early 1990s, Jamie went through a divorce. He had 2 children with his ex-wife and often failed to pay child support.

On the afternoon of June 24, 2004, Jamie Mills and his common-law wife, JoAnn Mills decided to rob the home of an elderly couple, Floyd and Vera Hill. Vera was in poor health and her husband was her caretaker. They were often visited by their adult grandchildren who lived in the area. Floyd also often visited the local Amoco service station and was known to carry large sums of cash to pay for anything he needed. Jamie, however, denies knowing of Floyd and his proclivity for carrying cash.

Angela Jones, a granddaughter of Floyd and Vera had spoken with them by telephone around 2:00 pm. However, when she arrived at the house that evening, she was unable to get them to come to the door. Angela called the police and requested a welfare check.

A police officer quickly arrived and found both Floyd and Vera lying in pools of blood in a storage building on the property. Floyd was declared dead at the scene, however, Vera was still alive and was rushed to a hospital. She later died on September 12, 2004, from injuries sustained during her attack, including blunt head trauma, a skull fracture, fractures around her eyes and nose, broken/fractured neck, and crushed hands.

An investigation revealed that a neighbor had seen a white-four-door sedan driving by several times, eventually parking in the Hills’ driveway. Jamie Mills was linked to the vehicle. When police went to his residence for questioning, it appeared no one was home. The following morning, police found Jamie and JoAnn attempting to sneak out of their house in a white vehicle matching the description given by the neighbor. The Mills claimed they had no knowledge of what happened to the Hills and that they were out of town that night visiting Jamie’s father and looking at houses.

During the questioning, JoAnn permitted police to search their home and vehicle. Several items linking them to crime were discovered, along with forensic evidence linking them to the crime. JoAnn eventually testified in court that on June 23, 2004, she and Jamie had stayed up all night smoking methamphetamine. The following evening, Jamie said he was going to talk to a man about some money and that JoAnn should just follow his lead.

Jamie drove to the Hills’ home. He attempted to make several calls on their phone while JoAnn chatted with Floyd and Vera. After the phone calls, they all went out to the storage shed to look at some of the items. After looking, Vera and JoAnn headed back to the house. Jamie then attacked Floyd. When JoAnn and Vera returned to investigate, Jamie attacked Vera. JoAnn claims she did not participate in the attack. After the attack, they locked the doors, went back to the house to steal several items, and left.

That night, they drove to Jamie’s father’s home to spend the night. They returned the following day and were attempting to dispose of the items linking them to crime when police stopped them.

JoAnn testified against Jamie at his trial. He was convicted and sentenced to death by a jury. JoAnn was convicted and sentenced to life in prison, without the possibility of parole.

Pray for peace for the family of Floyd and Vera Hill. Pray for strength for the family of Jamie Mills. Please pray that if Jamie is innocent, lacks the competency to be executed, or should not be executed for any other reason, that evidence will be provided before his execution. Please pray that Jamie may come to find peace through a personal relationship with Jesus Christ.

(source: theforgivenessfoundation.org)

OHIO:

Man whose execution was delayed 3 times has death sentence thrown out under new Ohio law

A mentally ill man, who had been on Ohio’s death row for 2 decades, saw his death sentence thrown out Monday under a recent state law that says people who have a serious mental illness are ineligible for the death penalty. Stanley Fitzpatrick, 56, is now the 3rd person convicted in Hamilton County to have his death sentence thrown out because of the law, according to the Ohio attorney general’s office.

At a hearing in Hamilton County Common Pleas Court, Judge Jody Luebbers found that Fitzpatrick – who appeared by video from a state prison in Chillicothe – was ineligible for the death penalty. Both prosecutors and Fitzpatrick’s attorneys submitted reports by experts who found that Fitzpatrick has a serious mental illness.

Luebbers sentenced him to spend the rest of his life in prison without the possibility of parole. Fitzpatrick was convicted in 2002 of killing three people, trying to kill a police officer as well as other crimes.

One of his attorneys, Tim Sweeney, also appeared by video, sitting next to Fitzpatrick. Another attorney, Rob Linneman, was in Luebbers’ courtroom.

Fitzpatrick declined to make a statement.

The law, enacted in 2021, says a person is exempt from the death penalty if a mental illness significantly impacted that person’s ability to make rational decisions or appreciate “the nature, consequences or wrongfulness” of a crime.

The law lists four conditions that qualify: schizophrenia, schizoaffective disorder, bipolar disorder and delusional disorder.

Experts for both Fitzpatrick’s attorneys and prosecutors diagnosed him with either schizoaffective disorder or bipolar disorder with psychotic features, according to court documents.

“Fitzpatrick was delusional, hallucinating and was exhibiting bizarre behavior to anyone he came in contact with,” Linneman said in the petition to vacate the death sentence. “Although brutal and tragic, these crimes were the product of a man suffering from severe psychiatric symptoms and cognitive limitations.”

Fitzpatrick was scheduled to be executed in 2018, 2020 and 2023, but the execution was delayed each time because pharmaceu

tical companies have been unwilling to provide the drugs used for executions.

Mental illness undiagnosed

Fitzpatrick’s plea came after opening statements had concluded in his 2002 jury trial.

He was allowed to enter pleas to all charges, according to court documents, even though he showed “multiple and severe mental health symptoms” before the trial.

While being held in jail after his arrest, Fitzpatrick's symptoms included inability to sleep due to nightmares, hearing voices and visual hallucinations, the documents say. Family, friends and coworkers also had described him as experiencing hallucinations and paranoia in the years before the killings.

His mental illness, however, had not been diagnosed. His criminal record at that time involved a single drug arrest.

Court documents say Fitzpatrick insisted on pleading guilty despite saying he didn’t remember killing his girlfriend, Doreatha Hayes, or her 12-year-old daughter, Shenay. Documents also say he expressed confusion during the plea hearing.

When the judge at that 2002 hearing asked about the kinds of medications he was taking, Fitzpatrick replied that the medications prevented “him from hearing voice(s) and seeing things.”

Fitzpatrick said devil appeared to him

The violence began June 7, 2000. Fitzpatrick stabbed Shenay multiple times and struck her in the head with an ax handle. He also wrapped a ligature around her neck.

That same evening, after Doreatha came home, he beat her to death with a hatchet.

Fitzpatrick kept their bodies in the home for two days. On June 9, 2001, he walked across the street, rang a neighbor’s doorbell, and asked the neighbor, Betty Rose, to have her husband, Elton, come to his house. Once inside, Fitzpatrick killed Elton Rose with the hatchet.

Fitzpatrick then went back to the Roses’ door and tried to convince Betty Rose to come to his house. She refused, telling Fitzpatrick to have her husband come to the door. Around that same time, Lincoln Heights police officer Deangelo Sumler drove up in response to a silent 911 call.

Betty Rose pointed out Fitzpatrick standing on the sidewalk. Fitzpatrick approached Sumler, saying, “Come on in, he needs some help” and then ran inside his home. When the officer went into the house, Fitzpatrick pointed a .38-caliber revolver at him.

Sumler raised his hands, backed up to the door and ran. Fitzpatrick fired twice, missing the officer.

Sumler sought cover behind a large metal trash container. Fitzpatrick came out, aimed at Sumler, and fired a third shot. Sumler fired back. Fitzpatrick then got into Sumler's cruiser and drove away.

That same night, Fitzpatrick attacked a woman in her home and also robbed a woman of her car at knifepoint.

On June 10, 2001, Fitzpatrick told his cousin about the killings - and that the devil had appeared to him and sucked the life out of his body. The cousin called police, and Fitzpatrick was arrested at a Sharonville motel.

Other death sentences

Last year, 2 other death sentences from Hamilton County were overturned.

In September 2023, Judge Megan Shanahan found that Bobby Sheppard had schizophrenia, which significantly impaired his capacity to exercise rational judgment when he killed a man during a 1994 robbery.

And in October 2023, Judge Jennifer Branch found that Timothy Dunlap, who killed his girlfriend in 1991, had a serious mental illness. Before the killing, Dunlap had been committed to several inpatient mental health programs, according to the Death Penalty Information Center, and was diagnosed with schizoaffective disorder while incarcerated.

Both Sheppard and Dunlap were sentenced to life in prison without parole.

(source: Cincinnati Enquirer)

TENNESSEE:

I'm a Death Row Pastor. They're Just Ordinary Folks

In the early 1970s I was a North Carolinian, white boy from the South attending Union Theological Seminary in New York City, and working in East Harlem as part of a program.

In my senior year, I visited men at the Bronx House of Detention. I had never been in a prison or jail, but people in East Harlem were dealing with these places and the police all the time. This experience truly turned my life around.

After that, I came back south to Nashville, to work with the Southern Prison Ministry. I started at the Tennessee State Prison in 1974; we set up a visitation program on death row and recruited from the religious communities in Nashville. This is how it all began for me.

I share many of my memorable encounters with people on death row in my book, due out May 2024, titled Too Close to the Flame: With the Condemned Inside the Southern Killing Machine.

One story I share is about John Spenkelink, down in Florida. John should never have been on death row. He was convicted in north Florida for a crime that wouldn't have been prosecuted as a capital offense if he had been in Miami.

John had the misfortune of looking funny; he had premature grey hair with a white streak running through it. He had an unusual last name, and no roots in Florida (he was from California). And he had a terrible lawyer...

John was involved in killing someone in self-defense. But that's one of the truths about the death penalty that you soon realize: It's not committing the worst crime that gets you to death row. It's having the worst lawyer.

Most folks on death row can't afford to hire an attorney and are assigned court-appointed lawyers. So, the quality of lawyering is not that good.

We went on a roller coaster ride with John. I, and some other folks, met with Florida's then-Governor Bob Graham in the spring of 1979 to pursue clemency. But the governor signed John's death warrant, and he was executed.

After that, and for the next 10 years, I visited John's colleague on Florida's death row, Willie Darden.

Willie was an African-American from Green County, North Carolina. I'm from the adjacent Pitt County. I grew up in a segregated white world, he grew up in a segregated Black world.

Willie maintained his innocence throughout his time on death row. But it was the same story as with John: Bad lawyering. We later found evidence to support him, and tried to get it into court. But seven death warrants were signed on Willie, and he was executed.

As Willie said, when he went into that courtroom in rural Florida, looked around, and saw he was the only black person there: "I was like a raisin and a bowl of milk."

He had no chance at all.

Then, there was Philip Workman in Tennessee who went through 6 death warrants. I believe the evidence proves he was framed by Memphis Police and prosecutors.

They said he was a cop-killer and that carried the day—even though the ballistics evidence suggests he was not the person who killed the Memphis officer.

It was very likely that another policeman accidentally shot him while trying to apprehend Philip after he robbed a Wendy's. But Philip was executed on May 9, 2007.

I also knew Alvin Ford, convicted of murdering a cop in 1974, who I saw go stark raving mad on Florida's death row.

Talking with Alvin was difficult. You'd ask how he was and get incoherent babble back, like: "R2 Pope 156 Destiny." Yet, the State of Florida found him competent to be executed.

On the verge of his execution, the U.S. Supreme Court stopped it, and I went with Margaret Vandiver and Gail Rowling, who were also supporting Alvin, to tell him he had a stay of execution.

Alvin was on death watch and hadn't eaten in 30 days. He was emaciated, and though we tried to help him understand that he was going to live, he kept repeating this incoherent code.

Finally, about 11 A.M., the prisoners who served the trays came around with lunch. I was outside just stretching my arms, trying to figure out how to communicate the news to Alvin.

I looked at those trays and said: "Why don't you give one to Alvin?"

The prisoner looked at me and said: "Are you crazy man? He hasn't eaten in 30 days!"

I said: "I know, just put the tray in there."

So, he put the tray at Alvin's feet inside the little room. Alvin looked at Margaret, Gail and me, and I said: "We're going to have a prayer."

We all held hands and prayed. I prayed to God to let Alvin know he wasn't going to be killed; that he was safe, and that we loved him, and that God loved him.

When we finished that prayer, Alvin leaned over, picked up the tray, put it on his lap, and ate like the starving man he was. We knew we had communicated somehow; he knew he was going to live.

We wept and wept. We just couldn't believe it. We staggered out of there into the Florida sunshine, weeping and laughing, overwhelmed.

His case went on to become the U.S Supreme Court's Ford v. Wainwright decision to uphold that you cannot execute the insane. In 1991, Alvin died in prison of natural causes aged 37.

I know some people struggle with the idea of connecting with death row prisoners because of their crimes.

But what's important to recognize—and this happened to me in my year at the Bronx House of Detention—is taking such a position denotes you being righteous yourself.

And that's not true—we've all done things we've regretted, by which we don't want to be judged. Once you drop that attitude, you realize people on death row have done things they regret, and don't want to spend their life being judged by those things.

We're all just brothers and sisters; children of God. Our society's problem is we've forgotten that. We've put some people, like those on death row, into non-human categories so that we can exterminate them.

When I talk to these individuals on death row, I have conversations as I would with anyone. They're just ordinary folks.

As one of these condemned men, Donald Middlebrooks, who is on death row in Tennessee, said to me: "Joe, I have changed tremendously since I've committed that crime, but the DAs want a freeze me around that crime, and say that's who I am.

"That's the worst thing I did. I am terribly sorry about it. I would never do that again, but that's where they want to freeze me."

As a cardinal rule, I would never go to watch the execution of condemned men I knew. In this work, you come to love these people, and you fight to keep them alive. I wouldn't be able to do this work if I had to watch my friends get exterminated.

But Willie Darden compelled me: "Joe, I want you to witness my execution."

I reluctantly agreed, and we made an arrangement.

A spiritual advisor is allowed to stay with the person the night before their execution, until guards come to take them to the death chamber; and so I stayed with Willie outside his cell all night, and went with him when he was taken down.

In the death chamber, there were tall, wide-backed chairs you could sit in, but we agreed that I'd stand so Willie could see me.

When they brought Willie in, he was shackled at his wrists to his waist, and his ankles, too. They led Willie to the chair, unshackled him, and put him in. He looked like an African king.

His scalp was shaved and glistening with sweat. They pushed Willie into the chair and slammed his neck hard against the back so they could put the leather strap around him. He winced, so I knew that hurt.

But he maintained eye contact with me. He gave me the thumbs up to let me know he was okay. They strapped the leather belt across the chest, then his legs and arms down too, and dropped the hood over his face.

He lifted his hand and waved goodbye to me. Then they put 3 bursts of electricity through him, around 2100 volts in each one, and electrocuted him to death.

2 of us died that day. After Willie, I said I couldn't do that again. But I got called up unexpectedly to a situation in Tennessee. Ed Zagorski, who had shot dead 2 men in 1983, was on death watch in early October 2018, and I went to be with him.

Visits are allowed over a 72-hour period before the execution. I was in a little room, and Ed and I were separated by glass.

On the third day, we were within 2 hours of Ed's execution during my visit, when the door opened behind me and the guard announced that the warden had determined my visit was over.

I looked at Ed. He looked at me. We didn't know what was going on.

A guard on the other side said: "Come out Zagorski, your lawyer's on the phone."

We put our hands next to each other on the glass and prayed, then left. I stumbled out into the parking lot, and saw the press and demonstrators packing up. A member of the press told me the governor had stopped the execution.

Lethal injection is horrific; it's like a combination of waterboarding and chemical burning. It's torture. Ed had gone to federal court to request an electrocution, and the judge had granted it.

However, the state didn't know if the electric chair would be ready, so the governor stopped it, and set a new execution date on November 1.

The day of an execution could be compared to an emotional vice—cranking shut as the day goes on, the hours go on, the minutes go on. This person you know and love is going to be exterminated...but then, all of a sudden, it stops.

I went back to visiting Ed regularly until the end of October arrived...and then November 1, All Saints Day. We went through the same thing again, back in the emotional vice, slowly cranking shut.

As the time gets closer, the bizarre rituals begin. Guards came around every day to make sure Ed was healthy. They put the stethoscope on his chest. They took his blood. They gave him his pills.

They wanted to be sure he was A-OK so that they could publicly slaughter him in a matter of hours. He never received this kind of health care on death row, but when they're getting ready to kill you, they want to be sure you're good and alive.

Ed had a great attitude. We talked a lot about his mix of spiritual beliefs, and had spent time with the Native Americans.

I arrived on Ed's last day and was stunned to find him excited.

He said: "Joe, you know I was telling you about Laurie..."

Ed had told me stories of a girl he had loved in his younger days, Laurie, but it hadn't worked out, though he wished it had. While he was incarcerated, his lawyers had discovered she had passed away, and found her gravestone. They brought him a picture of her grave, and that had meant a lot to him.

Ed said: "You know what I always told you about the afterlife?"

I laughed. Ed had often mused that his version of the afterlife would be full of scantily clad women, no cops, and a Harley.

"Last night, I had a dream about what the afterlife's really like."

Ed told me a dream where he had stood on green grass with Laurie. On death row, you're always standing on concrete. Your feet never touch grass. In the dream, Laurie took Ed's hand and they flew through a forest to green grass on the other side.

"And she said everything's going to be all right."

I told Ed I didn't think that was a dream; it was a vision.

That's the vision he took with him to the electric chair. His last words as he stood up to that chair were: "Let's rock." In other words: Let's get on with it. In his mind, he was going to be reaching out and grabbing Laurie's hand.

That one really did me in. It sent me into trauma therapy for 2 1/2 years.

We're the only country in the Western world with the death penalty. We're out of step.

You cannot be in the European Union and have the death penalty. They think we're utterly barbaric. When I go over there to talk about the death penalty, people are just stunned. They can't believe we're killing people over here.

A simple alternative would be not to have it. We have plenty of prisons. We have millions of people locked up in this country. We could easily move people off death row and put them into the general prison population.

This whole machine we've created is highly corrosive. Everyone involved with it—the guards, the wardens, those of us trying to stop it—is corroded. It eats you from the inside.

Rather than this arbitrary system we have now of retribution, where two opposing sides—one who has all the money and one who doesn't—knock each other in a court of law, and supposedly receive justice, we must move towards something more humane, a model of restorative justice.

We need a model where folks can sit down and talk about their crime, discuss what happened, hear each other out, understand where each person was, in a victim-driven process.

It's called a criminal justice system, but what we have now is not justice.

(source: Joe Ingle is a death row pastor, and the founder of the Southern Center for Human Rights. His memoir, Too Close to the Flame: With the Condemned Inside the Southern Killing Machine (Forefront Books, May 7) recounts his 45 years fighting against mass incarceration and the death penalty, and advocating for prisoners' rights across the South----newsweek.com)

NEBRASKA:

Judge approves change of venue, jury trial scheduled for man accused in quadruple homicide case in Nebraska

A judge has approved a change of venue and a jury trial has been scheduled for 1 of the suspects accused in a quadruple homicide case in Nebraska.

Jason Jones faces multiple counts of homicide, use of a weapon and arson charges that carry a maximum penalty of death or life in prison in the August 2022 murders in Laurel.

The trial has also been moved from Cedar County to Dakota County.

The judge ruled that the "pervasive publicity makes it impossible" for Jones to receive a fair trial in Cedar County and that the county would be "hard pressed" to draw a jury pool, according to court documents. A total of 4 people were found dead in August 2022 at 2 separate homes in Laurel.

The 4 victims were 53-year-old Michele Ebeling, 86-year-old Gene Twiford, 85-year-old Janet Twiford and 55-year-old Dana Twiford.

Prosecutors allege Jason's wife, Carrie, killed Gene Twiford herself and helped hide her husband and evidence. Carrie Jones is charged with 1st-degree murder, accessory to a felony and tampering with evidence.

Jason Jones' trial is scheduled to start Sept. 9.

(source: KETV news)

CALIFORNIA:

Man convicted in Hayward murder challenges death sentence over juror bias probe

A man who was sentenced to death for a 1986 murder near BART’s Hayward Station has challenged his conviction and sentence because the prosecutor removed both prospective jurors who were Jewish — the first case to reach court since revelations that Alameda County prosecutors had regularly removed Jewish and Black jurors from capital cases.

Mark Schmeck, now 67, claims he was framed for the murder of Lorin Germaine of Fremont, who was shot inside his mobile home parked outside the station. The state Supreme Court unanimously upheld Schmeck’s conviction and sentence in 2005, but the case gained life last month when District Attorney Pamela Price announced she was reviewing all 35 death penalty appeals in the county because of possibly discriminatory challenges to prospective jurors.

Price said she was ordered by U.S. District Judge Vince Chhabria to reconsider the cases after prosecutors’ notes from the trial of Ernest Dykes of Oakland, sentenced to death in 1993 for murdering his landlady’s 9-year-old grandson, showed that they had removed all Black and Jewish jurors because they were considered unlikely to vote for a death sentence.

Price said there was evidence that the same thing happened in other cases and “was not limited to one or two prosecutors.” The former civil rights attorney was elected district attorney in 2022 after a campaign in which she promised not to seek the death penalty or other sentences she considered excessive. Price faces a recall election this year, backed by opponents who accuse her of being soft on crime.

Prosecutors said Schmeck killed Germaine in order to steal and sell his mobile home. Schmeck blamed his girlfriend, Jamie Gronley, who at one point confessed but later recanted and said Schmeck had admitted being the killer.

Schmeck’s lawyer at his 1989 trial also challenged prosecutors’ removal of 2 Jewish jurors, but the trial judge, William McGuiness, accepted prosecutors’ explanation that they had dismissed the jurors for other reasons, including their reluctance to support a death sentence.

That may have been due to the failure of Schmeck’s trial attorney to inform McGuiness that Schmeck was Jewish, his current lawyer, Brian Pomerantz, said in Friday’s filing in Alameda County Superior Court. Pomeranz also said that Schmeck’s prosecutor, the late Theodore Landswick, not only removed both Jewish people from the jury pool but also “brazenly boasted that he would strike the 3rd and only other known Jew if she made it to the box.”

“This exhibited bias or animus against Mr. Schmeck, who is Jewish,” Pomerantz wrote. He said there were also no Jewish jurors in 4 more capital cases prosecuted by Landswick.

And a review of 24 Alameda County death penalty cases from 1984 to 1994, Pomerantz said, showed that prosecutors used their allotted challenges to remove all 11 prospective jurors who identified as Jewish, and 17 of 19 others with apparently Jewish names.

“The stunning discovery released by the district attorney (last month) raises questions as to the integrity of the entire justice system in Alameda County at the time of these cases,” Pomerantz said in a filing seeking to overturn Schmeck’s conviction and death sentence.

Defense of the jury verdict is generally assigned to the district attorney’s office, but it’s unclear what position Price will take in view of her recent action. Her office declined to comment on the case.

(source: Bob Egelko has been a reporter since June 1970. He spent 30 years with the Associated Press, covering news, politics and occasionally sports in Los Angeles, San Diego and Sacramento, and legal affairs in San Francisco from 1984 onward. He worked for the San Francisco Examiner for 5 months in 2000, then joined The Chronicle in November 2000.

His beat includes state and federal courts in California, the Supreme Court and the State Bar. He has a law degree from McGeorge School of Law in Sacramento and is a member of the bar. Coverage has included the passage of Proposition 13 in 1978, the appointment of Rose Bird to the state Supreme Court and her removal by the voters, the death penalty in California and the battles over gay rights and same-sex marriage----San Francisco Chronicle)

USA:

Secret Execution Drug Supplier Confirmed, While Federal Death Penalty Reviews Continue at Department of Justice

LETHAL INJECTION FEDERAL DEATH PENALTY

Recent reporting by The Intercept confirms a story aired in April 2024 on Last Week Tonight with John Oliver identifying Connecticut-based Absolute Standards as the source of the execution drugs used in 13 federal executions in 2020 and 2021. Absolute Standards produces materials for calibrating research equipment, but in 2018, it applied to the Drug Enforcement Administration to be registered as a bulk producer of pentobarbital, the anesthetic used in federal executions and in many death penalty states.

An anonymous source told The Intercept about a meeting with the company’s owner and its director, saying, “They’d been reading about it in the papers. And they saw that people couldn’t get it. They were like, ‘Well, we make the standard, so we know how to make it. So we can just make it.’ They basically bragged about how they built this little home market.” Absolute Standards produced the raw ingredient, which was sent to an unknown company that used it to make pentobarbital.

A former official from the federal Bureau of Prisons (BOP), who also remained anonymous, couldn’t remember exactly how Absolute Standards was identified as a possible source of execution drugs, but said, “I know that we had people that were just calling every company that they could to find out if they were able and willing to produce it.” Out of concern that revealing the company’s identity might lead to boycotts or protests, the payments from the government were not logged in its usual public system. “I don’t recall how it was done. It was probably not done through their normal payments process,” the former BOP official said. “Everything was done discreetly, because again, the fear was that publicity would result in this company no longer wanting to be willing to do business.”

Though Absolute Standards was not publicly named as the drug supplier until 2024, it was known to members of Congress when the federal executions began during the Trump Administration. Representatives Ayanna Pressley and Jamie Raskin sent the company a letter on the day of the first federal execution in 2020, asking about its involvement, but never received a reply. A staffer for Connecticut Rep. Rosa DeLauro raised concerns with Connecticut Attorney General William Tong that death penalty states might seek also drugs from the company. “There are several states that are now actively looking to follow the federal government’s lead in acquiring this drug and resuming executions,” she wrote. AG Tong then wrote to Absolute Standards, explaining that, “Connecticut has a strong public policy against executions.” The state abolished capital punishment in 2012. Producing execution drugs for other states, AG Tong wrote, “is contrary to the values and policies of this state.”

The revelation of the drug supplier comes 3 years after the last federal execution. After President Biden took office in 2021, Attorney General Merrick Garland announced a moratorium on executions and directed the Deputy Attorney General to lead a multi-pronged review of the federal government’s execution policies, including changes recently made under the Trump Administration. They included: 1) a review coordinated by the Office of Legal Policy of the Addendum to the Federal Execution Protocol, adopted in 2019, to assess the risk of pain and suffering associated with the use of pentobarbital; 2) a review coordinated by the Office of Legal Policy to consider changes to Justice Department regulations made in November 2020 that expanded the permissible methods of execution beyond lethal injection, and authorized the use of state facilities and personnel in federal executions; and 3) a review of the Justice Manual’s capital case provisions, including the December 2020 and January 2021 changes to expedite execution of capital sentences. Only the Justice Manual review has been completed, with changes that included removal of the provisions intended to speed federal executions.

The moratorium on executions has not had any effect on the cases of those currently on federal death row, where the DOJ continues to aggressively defend their death sentences and oppose relief. One new federal death sentence has also been imposed under the Biden Administration. Robert Bowers was convicted of killing 11 Jewish worshippers at a Pittsburgh synagogue in October 2018. His prosecution was initiated under the Trump administration, but the case was prosecuted by the Biden Administration’s DOJ. Similarly, Sayfullo Saipov was also charged during the Trump Administration and prosecuted by the Biden Administration’s DOJ, but he was sentenced to life in prison without parole after a New York federal jury could not agree to sentence him to death.

After taking office, Attorney General Garland withdrew more than 30 notices of intent to seek the federal death penalty against defendants that had been filed during the Trump Administration. He also decided against seeking a death sentence for Patrick Crusius, who pled guilty to nearly 50 federal hate crime charges in the racially motivated killing of 23 Latinx people and injuring of 22 others in an El Paso, Texas Walmart in August 2019.

But earlier this year, AG Garland authorized the DOJ’s first new death penalty case. The DOJ will seek a federal death sentence for Payton Gendron, the then-18-year-old who killed 10 Black people at a Tops supermarket in Buffalo, New York in 2022. Mr. Gendron, who has already pled guilty to state charges and has been sentenced to life without the possibility of parole, is not expected to go to trial in federal court until 2025.

(source: Death Penalty Information Center)

******************

America’s prison system is turning into a de facto nursing home----Why are more and more older people spending their dying years behind bars?

In late 2018, Richard Washington sent a memo to the US Court of Appeals for the Ninth Circuit with the subject line “Notice I am being killed.”

The 64-year-old man, who decades earlier was convicted on armed robbery charges, was serving a 63-year prison sentence in Arizona. In his letter, he alleged that the Department of Corrections was refusing to give him medication for his various health issues, which included diabetes, hypertension, and hepatitis C. Because of the lack of treatment, Washington wrote, “My greatest fear is that I’m going to die more sooner than later.”

About 6 weeks later, he was dead.

In state after state, prison systems have long been plagued by inadequate health care, resulting in the spread of treatable diseases and, in many cases, preventable deaths behind bars. But a key demographic trend threatens to make that problem even worse: Over the last several decades, America’s prison population has been rapidly aging, and, as in Washington’s case, prisoners’ health needs have become more significant as a result.

People who were 55 years old or older made up about 3 % of the US prison population in 1991; by 2021, they accounted for 15 %. The total number of older prisoners is also steadily growing, with no signs of abatement: In 2020, there were about 166,000 incarcerated people aged 55 years or older; that number grew to about 178,000 in 2021 and 186,000 in 2022.

The graying of America’s incarcerated population is effectively turning the US prison system into a de facto nursing home, leaving hundreds of thousands of older people in its care each year. The result is skyrocketing costs: The Bureau of Prisons’ health care spending on federal inmates rose from $978 million in 2009 to $1.34 billion in 2016, and various state governments have seen similar increases.

Still, conditions in American prisons continue to be detrimental to people’s health and often lead to accelerated aging. Prisoners, for example, are much more likely to exhibit signs of cognitive decline, including dementia, at an earlier age than the general population, and one study found that a 59-year-old in prison has the same morbidity rate — that is, how often people get a disease — as a nonincarcerated 75-year-old.

“We have facilities that aren’t considered humane,” said Lauren-Brooke Eisen, a senior director at the Brennan Center for Justice. “They’re not places for elderly people who have dementia and diabetes and maybe walkers or wheelchairs.”

All of this raises both a moral and practical policy question that lawmakers have to face: Why are we forcing older people to spend their dying years in prison when they can get better care elsewhere?

People aren’t just aging behind bars; police are locking up the elderly

One of the explanations for the aging prison population is simple: Since the 1970s and the age of mass incarceration — when the American prison population ballooned and gave the United States the distinction of imprisoning more people than any other country in the world — people have been aging behind bars.

The other explanation, however, is less obvious: Older people have been getting arrested at higher rates than they used to. In 1991, for example, people who were 55 years of age or older made up only 2 % of adults who were arrested; by 2021, they made up 8 %, according to the Prison Policy Initiative, a Massachusetts-based nonprofit that does criminal justice research and advocacy. The Marshall Project also found a similar pattern: Between 2000 and 2020, there was nearly a 30 % increase in the number of arrests of people over 65, despite the overall number of arrests dropping by nearly 40%.

That spike is especially surprising because people tend to age out of crime: Recidivism rates for older people are significantly lower than they are for younger people. According to a 2017 report by the United States Sentencing Commission that tracked people for 8 years after they were released from prison, nearly 68 % of people who were under 21 at the time of their release were rearrested. By contrast, just over 13 % of people over 65 were rearrested.

So why are arrests among older people suddenly on the rise? The resurging trend across many American cities and states to further criminalize poverty and impose harsher punishments for petty crimes, including things like shoplifting, is partly to blame because the groups of people who become common targets for police are getting older.

“People who are unhoused and people suffering from mental health disorders and substance use disorders are also aging,” said Mike Wessler, the communications director at the Prison Policy Initiative. “If you look across the country right now, we’re obviously seeing efforts to ramp up policing of people who are unhoused, people with untreated mental health disorders, people with substance use disorder. So it’s almost a certainty that in the coming years we are probably going to see this problem get worse.”

People experiencing cognitive decline, including those suffering from dementia, can also be especially vulnerable during interactions with police. Henry Hart, a 76-year-old with dementia in Maryland, for example, was arrested when he had what his daughter described as a mental breakdown. During the incident, Hart had grown agitated and hit her, and when she called for paramedics to take him to the hospital, police showed up at the scene instead. Officers ultimately arrested him for assault despite his family members’ pleas. After spending time in jail, Hart’s condition seemed to get notably worse, according to his daughter.

“As Maryland’s population ages, experts fear that police will encounter people with dementia more often and without recognizing the condition or knowing how to respond to it,” Baltimore Sun reporters Angela Roberts and Cassidy Jensen wrote. “Arrest or jail time can be especially harmful to people with dementia, given their mental and physical vulnerability, experts say.”

There’s also evidence that beefing up law enforcement has had a negative impact on older people. While younger people have become less likely to be arrested for drug-related crimes than in the past, arrests of older people for drug-related offenses have spiked. Between 2000 and 2018, for example, drug-related arrests of people over the age of 50 rose by 92 percent — the fastest increase out of any age group. And while substance use disorder among older people is on the rise, addressing the problem through stricter law enforcement is not a practical solution.

“It’s a heck of a lot easier to order the National Guard to go stand on subway platforms than it is to figure out how to expand mental health treatment in the state; than to figure out how to address substance use disorders in the state; than to figure out how to address the housing crisis in the state,” Wessler said.

The consequences of an aging prison population

Studies have shown that incarcerated people have signs of aging at a faster rate than others as a result of prison conditions, and that each year in prison can shave years off of someone’s life.

“Health care behind bars is bad even in the best scenarios,” Wessler said. “And that’s kind of by design in a lot of respects: Prisons are not places that are therapeutic or designed to heal; they are places that are designed to punish.”

Infectious diseases tend to disproportionately affect prisoners compared to the general population, and the Covid pandemic in particular showed why prisons are especially dangerous for older people. Deaths of inmates rose by nearly 50 percent in the first year of the pandemic, and while mortality rates increased for prisoners across all ages, older people saw the highest surge in mortality. By contrast, among the general population, it was younger people who saw the highest increase in death rates.

From a public policy standpoint, the aging prison population is a failure on multiple fronts. Most importantly, prisons cause people to age more quickly and die prematurely. After all, while so-called “natural” deaths — that is, death from disease or old age — make up the vast majority of deaths behind bars, they often receive little scrutiny despite the fact that many of them have been found to be the result of medical neglect.

But it’s also costing states a lot of money — money that is clearly not well spent. In Texas, for example, the state’s prison health care costs increased by more than $250 million between 2012 and 2019, although the prison population actually decreased by 3 percent during that time. The state’s prison population aged 55 or older, on the other hand, had increased by 65 percent during that same period, according to data reviewed by the Texas Tribune.

Some lawmakers have noted this is unsustainable. As former state Sen. John Whitmire told the Tribune, “Nobody’s tougher on crime than me, but once you’ve incarcerated a guy past the point that he’s a threat to anybody, I’d like to save that $500,000 to put him in a nursing home as a condition of parole, take that money, and spend it on either other public safety efforts or prison costs.”

The system as it is, in other words, isn’t benefiting anyone. It’s both deadlier and more financially costly.

And from a moral standpoint, it’s hard for a society to defend these outcomes. “Do we morally think that it is good to have people spend their dying years behind bars, especially for drug crimes from the ’80s and ’90s?” Wessler said. “That strikes me as morally wrong in addition to being bad public policy.”

Tougher penalties turn into de facto death sentences

In many ways, America’s aging prisons are the expected end result of the tough-on-crime approaches and surge in arrests of the 1980s and 1990s.

A study by researchers at the the State University of New York at Albany, the University of Pennsylvania, and the RAND Corporation, found that young people who were locked up in the 1990s spent more time behind bars than any other generation, in large part because of tougher and longer sentences, higher recidivism rates, and escalating punishments for people who are rearrested. And that generation is now aging behind bars, unlikely to ever come out of prison.

“These extreme sentence lengths paired with narrow release mechanisms — meaning fewer ways to actually leave the system — led to this huge crisis of older adults in American prisons,” Eisen, from the Brennan Center, said. “Because what you had is more people coming in, people staying for longer, and then fewer avenues for release because of mandatory minimums, because of three strikes [laws], because of life without parole.”

While many older people in prison today are being sent there for petty crimes, it’s also true that many others, particularly those serving longer sentences, have been convicted of serious crimes. But regardless of what a person is guilty of, the fate of a death behind bars — which can be the result of inadequate medical care and botched treatments — could itself be seen as a cruel punishment, especially when people no longer pose a threat to society.

Take, for example, the case of Walter Jordan, another elderly Arizona prisoner whose story is eerily similar to Richard Washington’s. Jordan, a 67-year-old man who was convicted of 1st-degree murder and kidnapping, was serving a life sentence. In a memo he wrote to a federal judge in 2017, he alleged that the state’s Department of Corrections and its private health care contractor had delayed his treatment for skin cancer. The memo was, in his words, a “notice of impending death.”

Jordan wrote that he was in pain and suffering from memory loss. He alleged that other prisoners were also being denied care, and he wrote that as a result of his delayed treatment, he would be “lucky to be alive for 30 days.”

Jordan was right: Just over a week later, he was dead. A physician who reviewed his case found that Jordan could have survived had he received adequate care. The situation was “horrific,” the physician wrote. “He suffered excruciating needless pain from cancer that was not appropriately managed in the months prior to his death.”

There are more humane approaches. States and the federal government can start, for example, by expanding eligibility for compassionate release, which truncates sentences but tends to be reserved for people with terminal illnesses. Parole — which can sometimes have unintended consequences including strict rules that often result in parolees being sent back to prison — can also be especially beneficial to elderly prisoners who can get better health care outside of prison. And yet, tough-on-crime laws like those recently passed in Louisiana are making it harder for prisoners to be eligible for parole.

Governors can also make use of their pardon powers and commute sentences for older prisoners who have shown signs of rehabilitation. And instead of readopting a tough-on-crime approach that will likely result in more arrests of older people, states and the federal government can support social safety net programs that would lift older people out of poverty and homelessness, reducing their odds of being arrested in the first place.

America’s jail and prison population peaked in 2008, when more than 2.3 million people were behind bars. And while it has mostly declined since then — especially during Covid, when many prisoners were released as the virus ravaged prisons — it has recently been ticking back up.

“We have far too many people in our prisons,” Eisen said. One of the fastest ways to address that problem is to release older people, who generally don’t pose a public safety risk. “This is a population that shouldn’t be behind bars.”

But until lawmakers acknowledge that the current prison system is failing some of the most vulnerable people in its care, cases like Washington’s or Jordan’s will become all the more common. And more and more people who are now serving time in an American prison will slowly come to learn that their punishment has morphed into a death sentence.

(source: Abdallah Fayyad is a correspondent at Vox, where he covers the impacts of social and economic policies. He previously served on the Boston Globe editorial board----vox.com)

ALGERIA:

Algeria prosecutor seeks death penalty for son of ex-PM Ali Benflis

The prosecution in the Criminal Court of Appeal in Algiers has requested the death penalty against the son of former Prime Minister and presidential candidate hopeful, Ali Benflis, on charges of attempting to harm the “national economy” and communicating with a foreign country.

The public prosecutor in the preliminary trial had also requested the death penalty but this was later commuted to 15 years in prison.

The case dates back to when Benflis’s son was the owner of a law firm that had illegally obtained confidential documents relating to the purchase of 15 aircraft offered by Air Algerie, through a flight attendant who mediated for him with the Deputy Director of Transactions at Air Algerie, in return for helping them obtain Canadian citizenship.

The defendant, who has Canadian citizenship, faced charges related to soliciting a public employee to commit a crime in addition to hidden financing of a political party and illicit enrichment.

The other defendants faced misdemeanour charges including granting unjustified privileges in the field of public transactions, bribery and abuse of power.

On 26 July 2021, Algerian Echorouk newspaper reported that the investigation concluded that the defendant had travelled to Morocco to attend the African Economic Forum in order to secure opportunities to establish partnerships with the countries participating in the conference. There, he met with the former adviser to King Hassan II, M.A., who told him about the Moroccan authorities’ support for separatist parties in Algeria that are classified on terrorism lists, according to the same source.

The defendant also confessed to holding meetings with French officials.

(source: middleeastmonitor.com)

NIGERIA:

Blasphemy: Kano court to hear Sheikh Abdujabbar’s appeal May 9----Kano court delivers judgement on Sheikh Abduljabbar’s case

A Kano State High Court Division of Appeal on Monday, fixed May 9, to hear a suit filed by a Kano Cleric, Sheikh Abduljabbar Kabara, who was sentenced to death by hanging for blasphemy.

An Upper Shari’a Court on Dec.15, 2022, sentenced Abduljabbar to death by hanging for blasphemy.

When the case came up for hearing, Counsel to the appellant, Mr Sadiq Yusuf, requested for N20 million cost against the Kano State government for wasting the appellant’s time.

The state Counsel, Bashir Saleh, objected to the appellant’s request, adding that he was served with the court processes in March 2024 not February.

He made an application for extension of time and sought for an adjournment.

The appellant’s counsel later withdrew the N20 million cost request.

The 2 member-panel, led by Justice Nasiru Saminu and Justice Aisha Mahmoud, adjourned the matter until May 9, for hearing.

The appellant committed the offence on Aug.10, Oct.25 and Dec.20, 2019 while conducting his preaching at his 2 mosques.

The state said Kabara made a blasphemous comment against Prophet Muhammad (PBUH) and his marriage with Nana Safiyya in hadith 1,365, 1,428, 2,326 and 5,120 Sahih-Bukhari and Muslim and posted it on his Facebook page Ashabul Kahfi.

The offence, the state said, contravened the provisions of sections 382(b) and 375 of Kano State Shari’a Law 2000.

(source: 21stcenturychronicle.com)

MALAYSIA:

DEATH SENTENCE COMMUTED, 2 TURTLE EGG COLLECTORS GET 12 YEARS FOR CAUSING DEATH

(see: https://bernama.com/en/crime_courts/news.php?id=2295106)

INDIA:

Odisha HC commutes death sentence of rape convict----The bench also said it is not disputed that the appellant is a married person and has children.

The Orissa High Court on Monday commuted the death sentence awarded to one Mohammed Mustak to imprisonment for life with a rider.

A Special POCSO Court in Cuttack had convicted Mustak of raping and murdering a 6-year-old girl in a village under Salepur police station and sentenced him to death on September 19, 2019.

The high court said he shall undergo minimum sentence of 20 years before moving an application for remission to be considered on merit only and if no remission is granted, the sentence of imprisonment for life shall mean till the remainder of his life. The state government had moved the high court for confirmation of the death sentence while Mustak had also filed a criminal appeal against the trial court verdict.

While acquitting 31-year-old Mustak of the charges of rape but confirming his conviction for murder, the division bench of Justice SK Sahoo and Justice RK Pattanaik said that during the course of argument, the court enquired specifically from the state counsel as to whether there was any criminal antecedent against the appellant and whether there was anything adverse against his conduct during detention in jail custody, to which he answered in negative.

The bench also said it is not disputed that the appellant is a married person and has children. No material was produced before it by the state counsel that there is no possibility of reformation and rehabilitation.

“Every saint has a past and every sinner has a future - strikes a note of reformatory potential even in the ghastliest crime. Human endeavour should be to hate the sin and not the sinner. There is still life in life sentence and only death in death sentence,” the bench observed. “Therefore, we are not inclined to impose death sentence for the offence under section 302 of IPC particularly when we have acquitted the appellant of the charges under section 376-AB of IPC so also section 6 of Protection of Children from Sexual Offences (POCSO) Act (Sexual Assault),” the bench further stated.

(source: newindianexpress.com)

****************

Karnataka court awards death penalty to 2 in hate crime case----The perpetrators callously doused the pregnant woman in kerosene before setting her ablaze, killing her along with her unborn child

In a landmark ruling, the District Sessions Court in Vijayapura has delivered a verdict of justice in a harrowing case of honour killing, sentencing 2 perpetrators to death by hanging, while imposing life imprisonment and hefty fines on others involved.

Ibrahimsab Attara and Akbarsab Attara, convicted for their roles in the crime, have been condemned to the ultimate penalty of death by hanging. The verdict, pronounced by Judge L P Satish of the Second Additional District and Sessions Court of Vijayapur District, underscores the gravity of their actions and serves as a stern warning against such abhorrent acts.

Additionally, the court has sentenced several other accused individuals to life imprisonment, signifying the severity of their involvement in the crime. Ranjanabi Attara, Dawalabi Jamadar, Ajma Dakhani, Jilani Dakhani, Abdul Khader Dakhani, and Davalabhi Dhannoor are among those facing life sentenceand a substantial fine amounting to Rs 4.19 lakh.

MS Education Academy

The case revolves around the tragic tale of Banu Begum Attar and Sayabanna Konnoor, a couple from Halagundakanala village in Muddebihala taluk of Vijayapur district, whose love story was met with vehement opposition from Banu begum’s family. Despite their unwavering affection for each other, Banu Begum and Sayabanna faced relentless resistance from their respective families, culminating in a gruesome act of violence.

Following their marriage in 2017, Banu Begum and Sayabanna chose to live separately due to the hostile environment created by Banu Begum’s relatives. Tragically, when Banu Begum returned to her husband’s home to give birth to their child, her family’s animosity reached a horrifying crescendo.

In a chilling display of brutality, Banu Begum was subjected to a vicious assault by her own kin, leading to her untimely demise. While her husband, Sayabanna, managed to escape the assailants’ clutches, Banu Begum fell victim to their cruelty. The perpetrators callously doused the pregnant woman in kerosene before setting her ablaze, killing her along with her unborn child.

Following an investigation by the Talikote police, the perpetrators were brought to justice, paving the way for a trial that sought to deliver closure to the grieving family and uphold the principles of justice.

In a courtroom filled with emotion and anticipation, the presiding Judge, L P Satish deliberated over the evidence presented, ultimately delivering a verdict that resonated with the weight of the tragedy.

Public Prosecutor SS Lokura, representing the government, passionately argued for justice, ensuring that the voices of the victims echoed through the hallowed halls of justice.

As the proceedings drew to a close, the courtroom reverberated with a sense of closure and accountability as the wheels of justice turned resolutely in the pursuit of truth and righteousness. In delivering this verdict, the court has sent a resounding message that acts of violence, particularly those driven by archaic notions of honor, will not be tolerated in a society governed by the rule of law and compassion.

(source: siasat.com)

BANGLADESH:

Whatever Wadettiwar said about Karkare's death must be investigated, says Shashi Tharoor

(see: deccanherald.com/india/maharashtra/whatever-wadettiwar-said-about-karkares-death-must-be-investigated-says-shashi-tharoor-3010837)

IRAQ----executions

Iraq Hangs 11 Convicted Of 'Terrorism': Security, Health Sources

A morning briefing on what you need to know in the day ahead, including exclusive commentary from Barron's and MarketWatch writers.

Iraqi authorities on Monday executed by hanging 11 people convicted of "terrorism", security and health sources told AFP, the 2nd such group put to death since late April.

A security official confirmed on condition of anonymity that the executions took place at Al-Hut prison in the southern city of Nasiriyah in Dhi Qar province, where 11 other people likewise convicted of "terrorism" were executed last month.

Under Iraqi law, terrorism and murder offences are punishable by death, and execution decrees must be signed by the president.

The execution on April 22 of 11 people convicted of "terrorism" sparked concern among rights groups, with Amnesty International condemning an "alarming lack of transparency".

Al-Hut is a notorious prison in Nasiriyah whose Arabic name means "the whale", because Iraqis believe that those jailed there never walk out alive.

The security official said the 11 executed on Monday had been convicted in line with Article 4 of Iraq's anti-terrorism law.

A health official in Dhi Qar said his department received 11 bodies of men to be handed over to their next of kin, and that all of them were Iraqi nationals.

But the security official and the health official were unable to say on what specific charges the 11 had been executed.

It was also not clear if they had been convicted -- like the previous group last month -- on the basis of their affiliation to the Islamic State group or Al-Qaeda.

Iraqi courts have handed down hundreds of death and life sentences in recent years for people convicted of membership in a "terrorist group", an offence that carries the death penalty regardless of whether the defendant had been an active fighter.

Iraq has been criticised for trials denounced by rights groups as hasty, with confessions sometimes said to have been obtained under torture.

In late January, UN experts looking into capital punishment in Iraq expressed their "deep concern at reports that Iraq has begun mass executions in its prison system".

The independent experts, who are appointed by the UN Human Rights Council but do not speak on its behalf, mentioned in their statement executions carried out late last year in Al-Hut prison.

The statement said that "13 male Iraqi prisoners -- previously sentenced to death –- were executed on 25 December 2023", calling it "the largest number of convicted prisoners reportedly executed by the Iraqi authorities in one day" since November 16, 2020, when 20 were executed.

(source: Agence France-Presse)

********************

Iraqi President approves hanging of 11 convicted ISIS terrorists

2 security sources told Reuters that Iraq executed 11 people on Monday in a prison in the southern city of Nasiriyah after being convicted of terrorism-related charges.

A source in Dhi Qar governorate also mentioned that the Iraqi Ministry of Justice executed 11 terrorists in the Nasiriyah Central Prison, also known as Al-Hout prison, according to Al-Arabiya News.

The source said that a team from the Ministry of Justice supervised the implementation of death sentences against 11 people after they were convicted of terrorist crimes and belonging to ISIS, noting that the death sentences were approved by the Iraqi President.

According to the source, 11 individuals were given death sentences after being found guilty of terrorist acts and being members of ISIS. He added that the Ministry of Justice oversaw the execution of the death sentences, which were approved by the Iraqi President.

Under the supervision of a team from the Ministry of Justice, the Iraqi authorities carried out the death penalty against 11 ISIS terrorists on April 25 in the Al-Hout prison in the city of Nasiriyah.

Human Rights Watch has reported that at least 150 prisoners in the Al-Hout prison face imminent execution, and around 8,000 prisoners, most of whom are charged with crimes connected to terrorism, are awaiting the death penalty in Iraq.

(source: iraqinews.com)

IRAN----executions

Mahmoud Mehrabi, a political prisoner, was sentenced to execution in the court of Isfahan

On Sunday, May 5, 2024, Mahmoud Mehrabi, a 35-year-old political prisoner from Mobarakeh city, who is currently held in Dastgerd Prison in Isfahan, has been sentenced to execution by Branch 5 of the Revolutionary Court in Isfahan on charges of “corruption on earth.” This verdict has been issued after more than 15 months of uncertainty.

Babak Eslami Farsani, one of Mr. Mehrabi’s defense lawyers, wrote on his X page, “My client, Mahmoud Mehrabi, has been sentenced to execution by the immediate verdict of Branch 5 of the Revolutionary Court in Isfahan on charges of corruption on earth. The notification of the verdict was issued without any attachments, which my colleague became aware of by attending the branch and studying the case. Hopefully, the serious flaws in the verdict will be addressed and taken into consideration by the Supreme Court of the country.”

Before this, the second investigation branch of the Public and Revolutionary Prosecutor’s Office of Mobarakeh in Isfahan province has issued an indictment against Mr. Mahmoud Mehrabi with 187 charges, including, “corruption on earth through widespread publication of lies on Instagram, propaganda against the state, inciting the military and law enforcement forces to refuse to carry out their duties, inciting people to war and killing, and insulting Khomeini.

The charge of corruption on earth has been issued against Mahmoud Mehrabi without sufficient reasons. The IRGC Intelligence has embarked on wide-scale efforts to fabricate a case against Mahmoud Mehrabi. Some 50 private plaintiffs from among the city’s government officials have been included in the file!!Although Mahmoud Mehrabi is just a protester in cyberspace, the intelligence services are planning to file a serious case against this political prisoner.

Mahmoud Mehrabi is a graduate of electrical engineering and was employed in the Isfahan Mobarakeh urban train project. After exposing financial and ethical corruption by city officials in 2017, he was arrested. During his detention, Mahmoud Mehrabi was subjected to physical and psychological torture.

On February 1, 2023, during the nationwide protests, Mahmoud Mehrabi was arrested by security forces in Isfahan. On March 16, he was released from Isfahan Central Prison after posting bail. However, he was re-arrested and returned to prison by security forces shortly afterward.

(source: iran-hrm.org)

******************

2 Inmates Executed for Murder in Karaj and Qom

2 inmates, both convicted of murder, were executed in separate incidents at Ghezel Hesar Prison in Karaj and Qom Prison, according to recent reports. The Iran Human Rights Organization reported that on May 5, 2024, an inmate named Ali-Asghar Fallah, approximately 35 years old, was executed at Qom Prison.

Furthermore, Javan Online reported the execution of another inmate, identified only by his first name, Keyvan, on May 1 at Ghezel Hesar Prison. Keyvan was found guilty of a murder committed in Tehran 7 years earlier. Alongside him, another inmate sentenced to death for murder, identified by his first name as Farzad, was also scheduled to be executed. However, Farzad received clemency from the family of the victim and was not executed.

In 2023, the Department of Statistics and Publication of Human Rights Activists in Iran registered the execution of 767 individuals. Out of these, 7 were carried out in public. Among the executed individuals whose genders were identified, 21 were female. Additionally, 2 juvenile offenders, defined as individuals under the age of 18 at the time of their alleged crimes, were also executed.

(source: en-hrana.org)

MAY 6, 2024:

NEW YORK:

1st Prisoner Killed by The Electric Chair Was From New York

I don't know if this is something to be proud of, but the 1st prisoner to be executed by the electric chair was from New York. He committed a grisly murder, which lead to him being sentenced to death.

William Kemmler of Buffalo, New York, had the honor of being the first person to be executed by electric chair. He probably deserved the electric chair experience he got, which was far from smooth, after hacking his wife, Tillie Ziegler to death with a hatchet on March 29, 1889. This is the stuff the ID channel is made of.

A Buffalo dentist had been toying around with using electric voltage as a method of execution.

Buffalo dentist Alfred Southwark had been experimenting with electrocution as a new and humane form of execution in the aftermath of a number of botched hangings. After hearing reports of a drunk worker who died from touching a high voltage electrical generator, Southwark began work on the first ‘electric chair’.

Southwark had conceived the method after malfunctioning street lights in Buffalo had killed several people by electrocuting them. Using the street lights as his inspiration, he worked with a local animal shelter to try his method of killing on stray dogs.

Southwick joined physician George E. Fell and the head of the Buffalo ASPCA in a series of experiments electrocuting hundreds of stray dogs. They ran trials with the dog in water and out of water, and varied the electrode type and placement until they came up with a repeatable method to euthanize animals using electricity.

On August 6, 1890, Kemmler was set to be killed by a 1,000-volt generator. Kemmler was electrocuted for 17 seconds, but witnesses said he was still breathing, which doctors confirmed! After realizing that the 1,000 volts hadn't done the job, his executioners increased voltage and shocked him with 2,000 volts. The blood vessels under Kemmler's skin burst and bled, and his body caught fire. The entire process took 8-minutes, which certainly defeated the purpose of being humane.

According to Murderpedia, Kemmler didn't scream, cry or act out. He even is quoted as saying,

Gentlemen, I wish you luck. I'm sure I'll get a good place, and I'm ready.

After the first electrocution, 26 states, the District of Columbia, the U.S. Military and the Federal government all began to use electrocution as a form of capital punishment. The 1st woman to die by the electric chair was Martha M. Place. She was executed at Sing Sing Prison on March 20, 1899, for the murder of her teenage step-daughter.

(source: Yasmin Young, thenew961.com)

FLORIDA:

Death penalty trial resumes for man accused of killing niece after impregnating her

The death penalty trial for 33-year-old Johnathan Quiles resumes Friday in Duval County. Quiles entered the courtroom for day 1 of his death penalty case Thursday smiling broadly, a casual manner he’s shown throughout much of the case. Prosecutors painted a much darker picture of Quiles, that of a predatory killer who murdered his niece in cold blood to cover up the fact that he’d impregnated her.

Quiles is charged with murdering 16-year-old Iyana Sawyer and her unborn baby girl in 2018. He has pleaded not guilty. After three days of jury selection, Assistant State Attorney Stacie French opened the case by quoting from an exchange between Quiles and his biological brother, Joseph, as well as statements made on a recorded wire.

The trial is expected to last into the middle of next week.

(source: WTLV news)

LOUISIANA:

Letters: Nitrogen hypoxia in executions doesn't equate to what Nazis did

It was quiet Friday afternoon on the 3 tiers of death row at the Louisiana State Penitentiary here. One might have naively expected some celebration, some sign that the 38 men here -- until Friday morning awaiting death in the electric chair -- might react to the morning United States Supreme Court decision holding the state's death penalty statutes unconstitutional.

Jews Against Gassing, a group that claims to represent the Jewish community, showed up on April 16 at the Louisiana State Capitol to support a Senate Bill 430 that would exclude nitrogen gas from being used for capital punishment in Louisiana.

Nitrogen is very quick and knocks a person out in under a second, unlike Zyklon B which took up to 30 minutes sometimes to kill victims of National Socialist Germany's concentration camps during World War II.

This is just another tactic by the far left to rob victims of horrible crimes of the justice they deserve, masquerading under the guise of support from the Jewish community. After World War II, the Nazi and SS war criminals who ran the concentration camps and killed many innocent Jews, Poles and Russians were executed for their crimes against children and humanity. These Nazi war criminals had a trial and were executed to bring justice to the victims of their horrible crimes.

Evil triumphs when good people do not deliver justice to the victims of that evil.

PATRICK McCARRON, Baton Rouge

(source: theadvocate.com)

INDIA:

“Every Sinner Has A Future”: Orissa High Court Commutes Death Sentence Of Man Convicted By Trial Court For Rape & Murder Of 6-Yr-Old Girl

The Orissa High Court, on Monday, commuted the capital punishment awarded to a man who was convicted by the trial court for committing rape and murder of a 6-year-old girl in 2018.

While sentencing him to life, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik observed –

“No material has been produced before us by the learned State counsel that there is no possibility of reformation and rehabilitation. 'Every saint has a past and every sinner has a future' - strikes a note of reformatory potential even in the most ghastly crime. Human endeavour should be to hate the sin and not the sinner. There is still life in life sentence and only death in death sentence.”

Factual Background

On April 21, 2018, during the evening hours, the minor victim girl was found missing from her home, for which her grand-father (the informant in the case) along with other family members and neighbourers tried to trace her out but in vain.

Subsequently, after being informed by some men from the locality, the informant got to know that the victim was lying naked on the verandah of a school nearby. Upon getting such information, he rushed to the spot but found that the victim had already been shifted to the nearby hospital.

As her health condition deteriorated, she was referred to the SCB Medical College & Hospital, Cuttack. However, after remaining in coma for a few days, she succumbed.

The informant lodged the FIR and the investigation was carried out. After thorough investigation, it came to the light that before the victim was found in an injured condition, she came to the shop of a witness (P.W.7) being accompanied by the appellant. The witness deposed that the appellant bought some chocolates for the victim and took her towards the school.

It was also revealed that the brother (P.W.13) of the victim as well as another witness (P.W.5) had also seen the appellant wandering near her before the incident. Upon completion of investigation, the charge-sheet was filed against the appellant.

The trial Court formulated eight (8) circumstances which potentially implicated the appellant for the commission of the alleged crime. The Court also took into account the evidence of the doctor, scientific officer and the medical report to come to the irresistible conclusion that the victim was subjected to rape before she lost consciousness and went to the state of coma.

Blood stains were also found from the shirt of the appellant which matched with that of the victim. Thus, the 3rd Additional Sessions Judge-cum-Presiding Officer, Children's Court, Cuttack found the appellant guilty under Sections 302/376-AB/363 of the Indian Penal Code ('IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act'). He was awarded death penalty for the offences under Sections 302 and 376-AB of the IPC.

Decision Of High Court

Evidence of P.W.5 was assailed by the counsel for the appellant on the ground that despite having seen the appellant near the deceased just before the crime as he did not disclose the fact to the informant, his evidence should be discarded. However, the Court rejected such contention observing that:

“The appellant was a co-villager and he was a family man having wife and children and there was nothing on record that the appellant had any criminal antecedents in the past or he was a licentious person and therefore, not to raise any suspicion against the appellant in connection with the missing of the deceased was very natural on the part of P.W.5.”

The Court also examined the evidence of the minor brother of the victim who gave minute details of the incident in a vivid manner. After going through his statement, the Bench was of the opinion that the evidence of the child witness is trustworthy and can be relied upon.

“After going through the evidence of P.W.13 and the manner in which he withstood the long gruelling cross-examination and gave minute details of the incident clearly indicates that he had attained a measure of mature understanding and there is no infirmity in his understanding of the facts perceived and his ability to narrate the same correctly.”

The counsel for the appellant also contended that non-mentioning of the name of the appellant as a suspect in the FIR is fatal to the prosecution case. But the Court rejected this contention and observed:

“…there was hardly any time on the part of P.W.4 to ascertain the appellant's role in the crime and therefore, non-mentioning of the name of the appellant as a suspect cannot be a ground to discard the evidence of P.W.7 and P.W.18.”

It was also argued for the appellant that there was an undue delay in sending the copy of the FIR as well as the statements of the witnesses to the Court which was situated near the police station. The Court, however, did not accept such argument.

“Mere delay in sending the statements of the witnesses already recorded to the Court while forwarding the accused would not make their evidence unacceptable unless something glaring is brought to the notice of the Court or proved otherwise that such statements were non-existent and subsequently crated and ante-dated.”

It was also observed that non-sending of all the statements recorded while forwarding the appellant to the Court cannot be a ground to disbelieve the evidence of the witnesses examined to prove the 'last seen' of the appellant with the deceased even though it was an omission on the part of the investigating officer, who seemed to have remained busy in the investigation.

The testimony of P.W.7 (the shop-keeper) was challenged on the ground that she was a 'stock-witness' of the police department who usually appears in a number of cases on the behalf of the police.

“Stock witness is a person who remains at the back and call of the police and comes in front as per the directions of the police…. When the evidence of P.W.7 is clinching, trustworthy and reliable and it has not been shattered in the cross-examination, the same cannot discarded on the ground of 'stock witness' without any specific material to that effect.”

The Court also took into account the fact that the appellant absconded from the village immediately after the incident which is a relevant 'conduct' under the provision of Section 8 of the Evidence Act.

The Division Bench also observed that the injuries inflicted upon the victim by the appellant were fatal in the ordinary course of nature and death was proved to have been caused due to coma as a result of blunt trauma injury to head and corresponding brain injury coupled with effects of hypoxic brain injury. Thus, the commission of offence under Section 302 of the IPC was proved against the appellant.

However, the Court was of the view that there is no clinching evidence on record to convict the appellant under Section 376-AB of the IPC or under Section 6 of the POCSO Act. Instead, it was convinced that offence under Section 354 of the IPC was squarely made out against the appellant.

So far as the question of imposition of capital sentence was concerned, the Court held that no material was produced to show that the possibility of reformation has been foreclosed and hence, observed:

“During course of argument, we enquired specifically from the learned State Counsel as to whether there is any criminal antecedent against the appellant, whether there is anything adverse against the conduct of the appellant during his detention in jail custody, to which he answered in negative. It is not disputed that the appellant is a married person and having children.”

Resultantly, the appellant was held guilty under Section 302 of the IPC. But his sentence was commuted to the imprisonment for life. However, a rider was imposed that he shall undergo minimum sentence of twenty (20) years before which he shall not be eligible for consideration of remission.

He was also sentenced to rigorous imprisonment for five (5) years for offence under Section 354 of the IPC and his conviction and sentence, i.e. rigorous imprisonment for seven (7) years for commission of offence under Section 363 was upheld.

An order was issued to the District Legal Services Authority, Cuttack for grant of compensation to the parents of the victim under the Odisha Victim Compensation Scheme, 2017, if the same has not already been granted to them pursuant to the order of the trial Court.

Case Title: State of Odisha v. Mohammed Mustak and a tagged matter

Case No: DSREF No. 04 of 2019 & CRLA No. 817 of 2019

Date of Judgment: May 06, 2024

Counsel for the State: Mr. Janmejaya Katikia, Addl. Govt. Advocate

Counsel for the Appellant: Mr. Ramanikanta Pattanaik & Mr. Bikash Chandra Parija, Advocates

(source: livelaw.in)

PAKISTAN:

EU envoy praises amendment to Pak drugs law ‘abolishing death penalty’----EU ambassador said states should prioritise prevention, treatment and rehabilitation of drug users

Ambassador of European Union in Pakistan Dr Riina Kionka said Sunday amendment to law related to drugs by Pakistan is commendable in which death penalty for drug offences has been abolished.

She expressed these views while addressing a programme on “Drug Policy and Impact of Treatment on Human Rights”, organised by Justice Project Pakistan. “These are important legislative reforms that can serve as basis for revisions and changes in existing drug penalties,” she noted.

Dr Riina Kionka said several EU member states are developing alternatives to imprisonment and actively working with partner countries like Pakistan to promote a human rights-based approach to drug addiction.

The EU ambassador said states should prioritise prevention, treatment and rehabilitation of drug users instead of resorting to punitive measures.

Dr Kionka said limited scope of punitive approach to drugs has resulted in overcrowding in prisons. It complicated the rights issues of drug addicts and drug users, she said.

She said one of the main pillars of the EU drug policy framework is harm reduction. “By prioritising harm reduction, the EU aims to minimise health and social consequences associated with drug use,” she told the gathering.

The Justice Project Pakistan puts focus on global human rights challenges arising from the drug problem. It also addresses national and regional specific issues related to the implementation of drug laws and policies.

(source: thenews.com.pk)

INDONESIA:

Brigadier J's Family Asks Bharada E To Be Lightly Prosecuted, But Putri Candrawathi Is Sentenced To Death

The Yosua family alias Brigadier J hopes that Richard Elierzer or Bharada E will be prosecuted lightly by the prosecutor. But no, for Putri Candrawathi. They asked for the death penalty for Ferdy Sambo's wife in the murder case of Brigadier J.

"The family asks Bharada E to be given leniency in his sentence," said Brigadier family lawyer Martin Lukas Simanjuntak when confirmed, Wednesday, January 18.

The reason behind the request for mild litigation for Bharada E was that he was acting on Ferdy Sambo's orders. Moreover, he could not refuse because of the very large difference in rank.

However, for Putri Candrawathi, the family hopes that Putri will be prosecuted with the maximum penalty, namely the death penalty. This is because Ferdy Sambo's wife was involved in planning the murder of Brigadier J.

"For the sake of justice for the victims and their families and the Indonesian people, the families hope for maximum demands," said Martin.

In this case, Putri Candrawathi was charged with being involved in the series of murders of Brigadier J. She is said to have not prevented her husband's plan and reported it to law enforcement officials. In fact, he knew of the plan and murder of Brigadier J.

Meanwhile, Bharada E was charged with shooting Brigadier J with a Glock-17 rifle 3 to 4 times. The shooting took place at the official residence of the Police Complex, Duren Tiga, South Jakarta, on 8 July.

Then, before the shooting, Bharada E also participated in the planning. Because he agreed to Ferdy Sambo's order to execute Brigadier J.

With their respective roles, Putri Candrawathi and Bharada E allegedly violated Article 340 of the Criminal Code subsidiary 338 of the Criminal Code in conjunction with Article 55 paragraph 1 to (1). Thus, they face a maximum sentence of death penalty, life imprisonment or a maximum of 20 years.

DR CONGO:

Hostile Congo regime may be papal candidate’s ideal campaign manager

In the old days, monarchs and emperors who governed the great Catholic powers of the day claimed what they rather fancifully described as a jus exclusivae, or “right of exclusion,” in papal elections, meaning the power to exercise a veto over a particular candidate.

The last time this right of exclusion was invoked was in 1903, when Emperor Franz Joseph of Austria objected to the possible choice of Cardinal Mariano Rampolla, whom the Austrians regarded as excessively pro-French. As a result, Cardinal Giuseppe Sarto of Venice was elected instead as Pope Pius X, and among his first acts was to issue Commissum nobis on Jan. 20, 1904, effectively abolishing the imperial veto.

There’s an ironic sense today in which the jus exclusivae continues to hang around, only with the reverse effect: Perceptions of efforts by secular powers to block a given churchman’s career arguably boost, rather than retard, his papal prospects.

A reminder of the point comes at the moment from the Democratic Republic of Congo, where a new judicial investigation of Cardinal Fridolin Ambongo of Kinshasa on charges of sedition, including fomenting disobedience among the country’s armed forces, seems a rather transparent effort to intimidate and muzzle the 64-year-old prelate and frequent thorn in the side of the Congolese government.

In effect, the regime of President Félix Tshisekedi may be doing Ambongo a huge favor by boosting his global celebrity, potentially turning him into a martyr and cause célèbre. If so, it would be an especially ironic result for Tshisekedi, whose great-uncle was a Catholic bishop in Congo for 28 years.

Despite that pedigree, Tshisekedi’s relationship with the current crop of Catholic hierarchs in the country, especially Ambongo, has never been close. For one thing, Tshisekedi has drifted from his Catholic roots, worshipping in a Pentecostal mega-church called the Centre missionnaire Philadelphie and surrounding himself a cluster of Pentecostal and Evangelical pastor-advisors.

More basically, Ambongo and his fellow bishops have been persistent critics of Tshisekedi on social justice grounds, faulting the government for alleged democratic deficiencies, for failures to address a disastrous security situation in eastern Congo, for the role of multi-national mining interests in national affairs, and a host of other matters.

It should be said that in so doing, Ambongo is carrying on a grand Africa and Congolese tradition. In many African nations, where civil society is under-developed and political opposition is stifled, churches are often the only sphere of life where a genuinely alternative vision can be articulated. As a result, religious leaders often play a directly political role which, by Western standards of church/state separation, can seem excessive.

To take a classic example, Ambongo’s predecessor in Kinshasa, the late Cardinal Laurent Monsengwo Pasinya, served as president of a transitional “High Council of the Republic” following the end of the regime of Mobutu Sese Seko, making Monsengwo the country’s de facto head of state. He later also served as transitional speaker of the national parliament in 1994.

What makes all this relevant to papal elections is that Ambongo of late has emerged as a hot new papabile, or candidate to become pope, mostly as a result of his deft handling of the African resistance to Fiducia Supplicans, the hyper-controversial Vatican document authorizing blessing of couples in same-sex unions.

As the elected president of the Episcopal Conferences of Africa and Madagascar (SECAM), Ambongo led his fellow African prelates in composing a common statement declaring Fiducia a dead letter on the continent. Yet he released that statement with the blessing of Pope Francis and in coordination with Cardinal Victor Manuel Fernandez, head of the Dicastery for the Doctrine of the Faith and the primary author of Fiducia, thereby winning respect from both critics of the document and also supporters of the pope.

Having thereby turned heads on an ad intra matter, meaning an issue that pertains to the internal life of the church, Ambongo’s ad extra role is now in the spotlight thanks to the efforts of the Congolese government to intimidate him into silence.

In March, Congo announced it was lifting a two decades-old ban on the death penalty, reinstating capital punishment for cases of treason and espionage. While no one seriously expects prosecutors to seek to put Ambongo to death, charges of sedition in a country dealing with armed rebellion are no joking matter, and it’s hard to predict at this stage how serious the threat to Ambongo might be.

Should the investigation result in actual charges or other legal measures, one predictable consequence would be to make Ambongo’s fate a matter of global Catholic concern, significantly elevating his profile.

In terms of papal politics, not only would that give Ambongo greater name recognition, but it would also spotlight aspects of his résumé likely to resonate with “continuity” voters, meaning cardinals wanting to carry forward the Pope Francis agenda. His role on Fiducia played well with conservatives, but his conflicts with the Congolese government are largely staked on classic Pope Francis grounds.

When the pontiff visited the country in January 2023, he denounced economic colonialism, famously insisting, “Hands off the Democratic Republic of the Congo, hands off Africa! It is not a mine to be stripped, or a terrain to be plundered.”

Today Ambongo is confirming that message, at some degree of personal risk, in ways that backers of Francis can’t help but admire.

In other words, in attempting to stifle Ambongo, the Congolese regime may inadvertently turn out to be the best campaign manager any papabile could ever have – whether, in fact, he actually wants it or not.

(source: cruxnow.com)

ZIMBABAWE:

Zimbabweans Challenge Constitutionality of Criminal Law Prescribing Death Penalty for Engaging Foreigners Without State Approval

2 Zimbabweans and a non-governmental organization have filed a High Court application seeking to declare some provisions of the Criminal Law (Codification and Reform) Act 2023 as unconstitutional.

The applicants - Valentine Maponga, Paidamoyo Muzulu and Firinne Trust Trading as Veritas – want the court to declare Section 22A of the law as an infringement on people’s rights and freedoms.

In their application they also argue that the death penalty related to crimes committed under Section 22A of the Criminal Law (Codification and Reform) Act should be repealed. The respondents are the Minister of Justice, Attorney General and Parliament of Zimbabwe.

According to the applicants, “willfully injuring the sovereignty and national interest of Zimbabwe” in this section is vague and designed to instill fear in Zimbabweans.

“… Sections 22A (2) and (3) are an infringement of the right to a fair public trial as protected by Section 69(1) and sections 58 and 61 of the Constitution of Zimbabwe … The penalty provisions of section 22A are an infringement of the right to a fair and impartial trial as provided by Section 69(1) and section 69(3) of the Constitution of Zimbabwe as well as the right to equal protection and benefit of the law codified under section 56(1) of the Constitution of Zimbabwe.”

They argue that the death penalty imposed in Section 20(1) of the Criminal Law (Codification and Reform) Act on the basis of violating the law are a breach of the rights of Zimbabweans.

The law states that a person who is convicted of breaching Section 22A (2) shall be guilty of willfully damaging the sovereignty of Zimbabwe and be sentenced to death.

Under the law, Zimbabweans are barred from engaging foreigners on national issues without state approval. Its unlawful for them to discuss sanctions and related matters with foreign government representatives or just foreigners.

Justice secretary Virginia Mabhiza said she has not yet received papers challenging some provisions of the Criminal Law (Codification and Reform) Act.

(source: voazimbabwe.com)

EGYPT:

Egypt seeks justice for Sudanese infant raped, murdered in Cairo----If found guilty, the perpetrator is expected to face the death penalty for the kidnap, rape, and murder of a child, as per the Egyptian penal code.

A deliveryman suspected of sexually assaulting and killing a Sudanese infant is set to stand an urgent trial before a Cairo criminal court on Tuesday in a horrific case that has sent shockwaves across both Egypt and Sudan for over 2 weeks.

The 22-year-old man, whose identity has not been disclosed, reportedly confessed that on the evening of April 19, he kidnapped, raped, and killed 10-month-old Janet Gomaa, the daughter of Christian Sudanese refugees residing in Cairo.

After ending her life, he placed her body in a garbage bag and dumped it in a nearby public park.

The suspect reportedly said he had happened to be inside the residential building in the Nasr City neighbourhood where he saw the victim playing with her 6-year-old sister.

The victim’s body showed signs of sexual assault and strangulation, local news outlets reported, citing the autopsy report and witnesses who found the victim.

If found guilty, the perpetrator is expected to face the death penalty as per the Egyptian penal code.

"His defence is likely to resort to a known loophole, pleading not guilty by reason of insanity and demand the court to admit him to a mental institution instead," lawyer Mona Radwan told The New Arab.

"But the suspect has already stood trial before the court of public opinion, so I rule out the court could rule in his favour," she added.

In 2017, a 35-year-old man committed a similar crime, raping a 20-month-old infant after taking off her diaper, in a case dubbed by the media as "the diaper girl". He was executed by hanging approximately two years later.

In recent years, women across Egypt have spoken out on social media about the subject as part of the #MeToo movement, as many went public and reported such atrocities.

Statistically, around 7.8 million Egyptian women undergo a form of gender-based violence every year, according to a UN survey released in 2015.

In 2017, a survey conducted by Reuters ranked Cairo as "the world's most dangerous megacity for women."

Already home to about four million Sudanese citizens, Egypt has long been a favoured destination for refugees fleeing wars and economic hardships, either as a refuge or a transit country en route to Europe.

The rather tragic incident has unfolded amid anti-Sudanese sentiments in Egypt, especially after the country witnessed a significant influx of refugees following the onset of civil war in neighbouring Sudan over a year ago. However, Christian Sudanese refugees sought asylum in Egypt many years before the current civil war.

Online hate speech has skyrocketed in Egypt’s online sphere, with many hashtags demanding the deportation of refugees in Egypt going viral on X.

The lack of safety and high rates of poverty in Egypt have driven some Sudanese refugees and asylum seekers to return to their country, where conflict between warring parties continues to rage on.

(source: newarab.com)

IRAN----executions

Khosro Babavaldini Executed in Kermanshah

Khosro Babavaldini, a man sentenced to qisas (retribution-in-kind) for murder, was executed Kermanshah Central Prison.

According to information obtained by Iran Human Rights, a man was executed in Kermanshah Central Prison on 1st May. His identity has been established as 60-year-old Khosro Babavaldini who was sentenced to qisasfor murder.

An informed source told IHRNGO: “Khosro Babavaldini was from the village of Sarmaj Hosseinkhani in Harsin and was arrested for murder around 10 years ago.”

At the time of writing, his execution has not been reported by domestic media or officials in Iran.

IHRNGO previously reported the execution of Ali Ashraf Khani at the prison that day, which brings the number of executions to 2.

Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness.

In 2023, at least 282 people including 2 juvenile offenders and 15 women, were executed for murder charges, the 2nd highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.

**************

Ali Asghar Falah Executed in Qom

Ali Asghar Falah, a man sentenced to qisas (retribution-in-kind) for murder, was executed Qom Central Prison.

According to information obtained by Iran Human Rights, a man was executed in Qom Central Prison on 5 May. His identity has been established as 35-year-old Ali Asghar Falah who was sentenced to qisas for murder.

An informed source told IHRNGO: “Ali Asghar Falah was arrested for murder around three years ago and sentenced to qisas. He was transferred to solitary confinement on Friday, 3 May and executed on Sunday.”

At the time of writing, his execution has not been reported by domestic media or officials in Iran.

Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness.

In 2023, at least 282 people including 2 juvenile offenders and 15 women, were executed for murder charges, the 2nd highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.

(source for all: iranhr.net)

**************

Mahmood Mehrabi, a Political Prisoner, Receives Death Sentence

Mahmood (Mahmoud) Mehrabi has been sentenced to death by the Revolutionary Court in Isfahan on charges of “spreading corruption on earth.” He is currently held at Dastgerd Prison in Isfahan.

Babak Eslami Farsani, Mehrabi’s legal representative, relayed that Branch 5 of the Isfahan Revolutionary Court issued the death sentence. Farsani highlighted that they were only informed of the decision at court, with no written verdict provided. He expressed hope that the Supreme Court would address the perceived shortcomings in the ruling. The court justified the sentence by accusing Mehrabi of “widespread dissemination of false information on Instagram.”

Mehrabi was first detained by security forces on February 1, 2023, in Isfahan, and was temporarily released on bail on March 16, 2023, only to be rearrested at his home shortly after due to his critical social media posts.

In September 2023, Mehrabi faced a series of additional charges, including propaganda against the regime, incitement of police and military forces to disobedience, incitement to war, crimes against national security, and insulting the founder and Supreme Leader of the Islamic Republic of Iran.

In January of this year, he was further charged with publishing confidential information and committing acts of blasphemy, including insulting Shia Imams.

Mehrabi has a history of arrests and convictions linked to his activism.

************

Iran Sentences Another Political Prisoner to Death

Mahmoud Mehrabi, a political prisoner held in Isfahan's Dastgerd Prison, has been sentenced to death for "corruption on Earth," a charge often used against dissidents.

On Saturday, his lawyer, Babak Farsani, reported that the court refused to provide a written verdict.

Lawyers only learned details of his sentence by attending the issuing branch when judges read the text aloud.

In protest, Mehrabi's sister has threatened self-immolation outside a prominent official's residence.

Mehrabi, a Mobarakeh resident, was first arrested by the Revolutionary Guard in February 2023.

He was briefly released on bail in March 2023, but rearrested hours later.

Human rights groups said he was tortured and denied medical treatment for a hernia.

Last year, Mehrabi faced 187 charges, including "corruption on Earth," issued by a local prosecutor's office.

(source: iranwire.com)

MAY 5, 2024:

PENNSYLVANIA:

Post-Gazette editorial page team honored in national contest

3 current and former members of the Pittsburgh Post-Gazette editorial page team have been recognized for outstanding opinion writing in the prestigious National Headliner Awards contest on topics ranging from care for the unhoused to the fate of the Pittsburgh synagogue shooter.

Associate editorial page editor Rebecca Spiess was awarded 2nd place in editorial writing for a series of 3 pieces investigating the failures of Allegheny County’s system of care for the homeless, culminating in the death of an unhoused woman on the North Side. The editorials spurred the creation of the county’s Code Blue program, which provided emergency shelter during cold weather this winter.

Editorial page editor Brandon McGinley captured 3rd place for a series revealing deception by the office of Mayor Ed Gainey in the procurement of the Matrix Consulting police staffing study. The work led to an ongoing probe of procurement practices by District Attorney Stephen A. Zappala Jr.

And former editorial page editor Jeffrey Gerritt won 1st place in column writing for “Robert Bowers is a monster — and he should live,” which argued forcefully against the death penalty for the Pittsburgh synagogue shooter.

“This recognition in a nationally competitive contest testifies to the hard work of the entire editorial team, including deputy editor David Mills and InReview editor Adriana E. Ramírez,” said Mr. McGinley. “And it bolsters our commitment not just to incisive commentary, but to original reporting on the editorial pages.”

The National Headliner Awards have been run since 1934 by the Press Club of Atlantic City.

(source: Pittsburgh Post-Gazette)

GEORGIA:

Re-member-ing those executed by the State of Georgia

Today, we are launching a new initiative: Re-member-ing those lost to executions by the State of Georgia.

I have been pondering the idea of "re-member-ing" to make us whole. Dr Catherine Meeks talked about re-member-ing Murphy Davis at her memorial celebration a few weeks ago. In re-member-ing, we not only bring back people to memory and to history, but add them back to membership in our community or "club of life."

Executions are perhaps the most extreme way we have of trying to sever someone from society and our community.

Over the next year, we will begin to re-member and share about those who have been executed by the state of Georgia, telling a broader narrative about who they were and their connection(s) to us. I hope to collect stories and photos from you along the way.

We start with Robert Earl Butts Jr, executed today by the State of Georgia in 2018.

By his name alone, we see that Mr Butts is a Junior; he was connected to someone who was his Senior. He was a part of a web of relationships.

In the words of his longtime friend and advocate, Cathy Schneider:

I think I would like to start by his concern for me all the time. Always being more concerned about how me and my family was doing than really worrying about himself. The first time I was coming to visit him that Saturday they were predicting tornado like weather in Georgia. And they have been talking about it all week. He sent me a letter that I got on Friday saying please don’t come. He was too worried about me driving that long distance in bad weather. Always trying to protect and care about me which was so beautiful.

The first time we visited, I was worried about carrying on the conversation in person because it would be so different than a letter. But the conversation flowed so beautifully. When I was getting ready to leave, I asked him if it would be OK if I prayed with him. And he agreed and said yes. I asked him if he knew the Lords prayer. And he said he did not know what that was. And I asked him if he knew maybe it was by the name the Our Father But again he said he did not know that prayer. So I prayed with him and for him and I closed with the Lord’s prayer. I promise that I would send him a copy of that prayer so he could have it. Then I told him how it’s wonderful to memorize that prayer and to say it in your heart or out loud during times of struggle or stress. About two weeks after I had sent him that prayer in the mail he sent me on the JPay video system he sent me a video and he told me he had memorize the prayer and wanted to pray it for me. He then began to pray the our father by memory. I still have that video saved, and I cherish it. He told me That he was going to be using that prayer in his heart to help him through his execution. It’s one of my most tender memories because I was praying that for him as well during that awful time of execution.

Another funny thing about him was he was very into sports and I am not a very good sports person. So I would always try to ask my husband and my sons like how the Falcons were doing or Georgia because he was a big Georgia fan. I would always try to like tell him something I knew about a game or something that was interesting in my letter. He was always such a good sport. One of the times he replied back that I had things confused again, but he knew what I meant lol. He just took it all with a grain of salt but sports were not my thing lol. But he knew I tried.

I learned so much from Robert. I think he taught me more than I taught him. I also remember him being very upset when they Executed two different men that were very intellectually disabled; he was so upset about it. He told me everyone on death row was upset about it because it was like executing a nine-year-old boy. It just wasn’t right. He told me how they tried to watch out for this one man because he just was so gullible and people would take advantage of him. He always was trying to watch out for people. He really did care.

If you have memories of someone who has been executed, please reach out to me so that I may collect and share these important stories.

Peace,

Cathy

M Cathy Harmon-Christian, PhD

Executive Director, Georgians for Alternatives to the Death Penalty (GFADP)

charmon-christian@gfadp.org

https://www.gfadp.org/

Join us for "Pulling Back the Curtain: the Medicalization of Executions" on Tues, May 21st, 12-1pm on Zoom: https://us02web.zoom.us/meeting/register/tZYkdu2qpjwuGdx68p7OHoFLlk9JLfGjmCSu

Join us for Legislative Advocacy Day (in person) on June 8th! https://actionnetwork.org/events/gfadp-legislative-advocacy-day-sat-june-8-2024?source=direct_link&

(source: Georgians for Alternatives to the Death Penalty)

CALIFORNIA:

Serial killer escaped 2 death sentences before police discovered disturbing evidence linking him to several murders

Warning: This article contains discussion of rape, sexual assault and child abuse which some readers may find distressing

A serial killer connected to more than 100 murders managed to evade authorities twice before he was finally caught for his horrific crimes.

Rodney Alcala died at the age of 77 while waiting for a death sentence. At the time of his death in 2021, he had been connected to around 130 assaults against women and children.

However, he had gotten away with his crimes for decades.

Nicknamed 'The Dating Game Killer' after appearing on the iconic show in 1978, the photographer had a disturbed secret life.

By the time he appeared on the show, he'd already killed 2 women and raped an 8-year-old girl.

Aged 17, Alcala had joined the army but was discharged after allegations of sexual misconduct.

Going on to study film under Roman Polanski at NYU using the pseudonym 'John Berger', he then started working as a professional fashion photographer.

In this line of work, he convinced hundreds of young men and women to pose nude for him.

This tactic was also adopted for his victims, who he would lure in and strangle until they passed out.

Once he was finished with them, he would kill them and rearrange their limbs into explicit poses for one last photoshoot.

Alcala was convicted of killing seven women in the 1970s - 5 in California and 2 in New York.

One of his victims, who survived an attack, spoke out about the ordeal in a documentary.

Morgan Rowan, who was attacked in 1968 at the age of 16, was lured into Alcala's LA apartment.

Once inside, Alcala locked her inside a bedroom and began his attack.

Rowan recalled: "He took his belt off and wrapped it around his fist. I tried to be brave and I said, 'You know, you can't keep me here,' and he just punched me between my eyes as hard as he could."

Alcala raped Morgan, who only managed to escape when her friends broke a window in the bedroom.

Months later, Alcala was caught raping an eight-year-old girl in the same apartment.

When he was finally brought to trial, the girl's parents refused to let her testify.

So ultimately, he got charged with the lesser offence of assault and was out of prison by 1974.

But his stint is prison didn't deter him, and his spree continued, until he was detained in 1979 for the murder of 12-year-old Robin Samsoe.

The girl's body was found in the hills of Los Angeles, with a knife laying beside her.

Horrifyingly, police found hundreds of pictures of young boys and girls at a storage locker he rented, as well as so-called 'trophies' including earrings which matched the description for what Robin was wearing the day she went missing.

A police issued sketch helped identify Alcala, who was arrested at his mother's house and later convicted of the crime.

However, astonishingly Alcala appealed the verdict and was granted new trial. He was tried and convicted again, handed the death penalty once again.

However, in 2001 Alcala launched a second appeal which was also successful and saw him head to trial for a 3rd time.

He was ultimately convicted on five counts of first-degree murder, and sentenced to death again.

It is believed that he could have killed up to 130 people, primarily women and children.

(source: unilad.com)

USA:

Prosecutors won’t seek death penalty against men charged in Whitey Bulger’s prison killing

Federal prosecutors will not pursue the death penalty against two men charged with the prison killing of notorious Boston gangster James “Whitey” Bulger, according to court papers filed Wednesday.

Prosecutors said in a court filing that in the event Fotios “Freddy” Geas, a former Mafia hitman, and Paul J. DeCologero, a Massachusetts gangster, are convicted of murder in Bulger’s killing, they will not seek a death sentence.

Geas also faced a possible death sentence if found guilty of an additional charge of murder by a federal prisoner serving a life sentence. But prosecutors said they would not seek it in the event he is convicted of that charge either.

Geas and DeCologero were charged last August in the 2018 slaying of Bulger, who ran the largely Irish mob in Boston in the 1970s and ’80s and served as an FBI informant who ratted on his gang’s main rival. Bulger was killed just hours after he was transferred to a prison in West Virginia from another lockup in Florida and placed in the general population.

Geas and DeCologero are accused of striking Bulger in the head multiple times while a third man, Sean McKinnon, acted as a lookout. An inmate witness told authorities that DeCologero said he and Geas used a belt with a lock attached to it to beat Bulger to death.

Geas, DeCologero and McKinnon are all charged with conspiracy to commit murder, which carries up to life in prison. McKinnon, who is charged separately with making false statements to a federal agent, did not face a possible death sentence. The men are scheduled to go on trial in December 2024 in federal court in West Virginia.

Patrick Nash, an attorney for DeCologero, called it the “correct decision by the Department of Justice.”

“We are looking forward to our day in court. We trust the system and trust the fairness of the system and will put the facts in front of the jury,” Nash said.

Attorneys for Geas didn’t immediately respond to emails seeking comment on Wednesday. An attorney who has represented Bulger’s family also didn’t respond to an email.

Attorney General Merrick Garland in 2021 placed a moratorium on federal executions. But the Justice Department has continued to press for the death penalty in certain cases.

(source: Associated Press)

NIGERIA:

Idris vows to approve death penalty of convicted bandit informants

The Kebbi State Governor, Nasir Idris, said on Saturday he would sign the death warrant of anyone convicted for volunteering information to bandits in the state.

Idris gave the warning during a visit to the inhabitants of Tudun Bichi in Wasagu Chiefdom of Danko-Wasagu local government area of the state.

The governor visited the town to commiserate with the inhabitants over the recurring attacks by bandits.

Idris made it clear that he would append his signature to the death warrant of convicted informants.

He said: “The activities of informants defy all norms and religious doctrines. Just for a pittance, some miscreants will provide valuable information to bandits to perpetrate mayhem against their own people.

“I will never condone or be lenient with such unscrupulous persons.

“Let it be known to the informants that whoever is convicted for volunteering information to bandits leading to the killing of innocent souls, I will sign his death warrant instantly.”

The governor assured that his administration would continue to provide the necessary support to the security agencies with emphasis on logistics, welfare of troops and other material requirements for combat readiness and operational successes.

He accepted the request for immediate rehabilitation of the three kilometre road linking the village with Wasagu that had become impassable due to bridge collapse.

Earlier, the Village Head of Tudun Bichi, Malam Muhammad Mika’ilu, thanked the governor for paying a condolence visit to the people.

(source: ripplesnigeria.com)

INDONESIA:

Former Finalist Of Masterchef Malaysia 2012 Threatened With Death Penalty For Faking The Cause Of Death Of Indonesian Migrant Worker

Former finalist of Masterchef Malaysia 2012, Etiqah Siti Noorashikeen and her husband, Mohammad Anbree Yunos, are facing the death penalty. Etiqah and Anbree were charged with murder and faking the death of their domestic helper who is a female worker (TKW) from Indonesia, Nur Afiah.

Nur Afiah Daeng who is 28 years old is known to be from South Sulawesi, Indonesia. Etiqah Siti and Mohammad Anbree were charged with the death penalty after making false reports about the death of a female migrant worker who worked at her home.

Etiqah viciously killed his assistant, Nur Afiah Daeng, in the apartment in Amber Tower, Lido Avenue, Penampang. Quoted from Sabah News, Nur Afiah was killed between December 10 and 13. Nur Afiah's body, which was autopsied, was full of injuries, including burns all over the victim's body.

Etiqah and her husband Mohammad Ambree Yunos had faked the death of the ART by making a police report that Nur Afiah was unconscious when she was found. Etiqah also mentioned that she and her husband had just returned from a vacation in Kundasang.

Because of that, they were released. After further investigation, the police found that Etiqah and her husband were caught making a false report and were arrested by the police on December 14.

Etiqah Siti Noorashikeen had applied for waivers because her child was still a toddler. but the panel of judges did not comply with the request. The former finalist for Masterchef Malaysia 2012, Etiqah Siti Noorashikeen, and her husband, Mohammad Anbree Yunos, are being held until the trial is over on February 10.

(source: voi.id)

INDIA:

Odisha HC seeks details on two convicts to assess death penalty----The direction assumes significance as it is for the first time that the Orissa High Court has passed such an order while considering a death reference.

The Orissa High Court has directed the senior superintendent, Circle Jail, Cuttack at Choudwar to submit reports on the past life, psychological conditions, post-conviction conduct and such other matters on 2 convicts who were awarded death sentence for rape and murder of a 6-year-old girl.

The direction assumes significance as it is for the 1st time that the Orissa High Court has passed such an order while considering a death reference. The high court expected the jail official to obtain the reports by taking service and necessary assistance from the probation officer and such other officers including a psychologist or jail doctor or any medical officer attending the prison. The convicts have been also given an opportunity to furnish such data in the shape of affidavits.

The minor girl was kidnapped while she was on her way back home after buying chocolates from a shop. She was gagged and gang raped in an abandoned house near the village and killed to destroy evidence. The incident occurred at a village under Tirtol police station on August 21, 2014.

After trial in the case, the court of Additional District & Sessions Judge (Fast Track Court-POCSO), Jagatsinghpur convicted Sk Asif Ali (36) and Sk Akil Ali (35) on November 21, 2022 and imposed death penalty on them as it felt it came under the ‘rarest of rare’ category of crimes. While the death sentence was sent by the state government to the high court for confirmation, the 2 convicts also filed criminal appeals against the trial court verdict.

The high court issued the direction on Thursday after taking note of the state government counsel Bibhu Prasad Tripathy’s submission that the trial court awarded the death sentence on the same day it convicted the 2 appellants.

The division bench of Justice SK Sahoo and Justice RK Patnaik said, “Such an exercise is considered to be absolutely expedient in order to advance the cause of justice, the intent and purpose being to provide a fair amount of opportunity for the appellants to bring on record all such mitigating circumstances to be weighed against the aggravating circumstances since a balance is to be struck while taking a final decision on sentence in juxtaposition to the sentences imposed by the trial court.”

The bench felt there has been no proper and meaningful hearing as such which is necessary in order to do complete justice. “In fact, there appears to be no opportunity afforded to the appellants to submit any such material in support of the mitigating circumstances during and in course of hearing on the question of sentence,” the bench observed.

While citing Supreme Court orders, the bench said, “Law is well-settled that hearing on the question of sentence has to be real and effective and not a mere formality; if a meaningful hearing is not taken up by a court while considering the sentence to be imposed and inflicted upon the convict, it is likely to cause severe prejudice to him.”

(source: newindianexpress.com)

******************

Nuh gangrapes, double murder case: CBI court awards death sentence to 4 convicts----The court also slapped a total fine of 8.20 lakh on the accused, the Central Bureau of Investigation (CBI) said in a statement.

A special CBI court in Haryana's Panchkula awarded the death sentence to 4 convicts in the 2016 Nuh gangrapes and double murder case on May 4, officials said.

On April 10, the court had found Hemat Chouhan, Ayan Chauhan, Vinay and Jai Bhagwan guilty of double murder, gangrape and dacoity which took place in Haryana's Nuh on the intervening night of August 24-25, 2016

. The court also slapped a total fine of 8.20 lakh on the accused, the Central Bureau of Investigation (CBI) said in a statement

. The accused had gang-raped a woman and a minor girl, at their home and thereafter looted ornaments and cash from their possession.

Due to the attack, one of the victims died along with his wife and others were grievously injured.

Haryana Police had filed a charge sheet against a different set of accused persons. The CBI took over the probe on the reference from the state government.

The agency had filed 2 charge sheets against the convicted accused on January 24, 2018 and on January 29, 2019 after a detailed probe during which it collected and analysed scientific and forensic evidences.

"On 10.04.2024, Trial Court had convicted aforementioned 4 accused persons under Section 120B, 302, 307, 376-D, 323, 459, 460 IPC and under Section 6 of POSCO Act 2012 and had fixed later dates for pronouncement of sentence. Detailed arguments were put forth on behalf of CBI praying for maximum punishment for the convicts," a CBI spokesperson said.

(source: The Hindu)

IRAN----executions

16 Executions on Wednesday and Thursday, and 74 Executions Over the Past 13 Days, Including 2 Female Prisoners

Ali Khamenei’s henchmen hanged 11 prisoners on Wednesday, May 1, and 5 prisoners on Thursday, May 2. In addition to political prisoner Anwar Khezri, and Farzad Garavand and Majid Barati, whose executions were announced in the May 1 statement, on the same day Reza Shirdehi, Majid Hazbari, Mehdi Agha Jafari and another prisoner were hanged at Qezelhessar Prison, Ali Ashraf Khani and Khosrow Baba Valedaini in Kermanshah, Ahmad Hayrati in Shiraz and Nasser Hariri in Qazvin were hanged by executioners.

On Thursday, May 2, the regime’s judiciary hanged four prisoners, Saeed Ranjdoust, Saber Amin Abadi, Mohammad Rasul Khoshkar and Mehdi Habibi in Tabriz, and Yaqub Amiri in Ardabil. In this way, the religious fascism ruling Iran has sent 74 prisoners, including 2 women, to the gallows in the past 13 days.

On the other hand, Sunni political prisoner Khosrow Besharat has been transferred to solitary confinement on May 1 for the execution of his death sentence, and it is said that his family has been summoned for the last visit. Other political prisoners sentenced to death, including Reza Rasaei, Mojahed Kurkur, Habib Deris, and Abbas Deris, are also at risk of execution.

In another criminal act, the regime’s judiciary accused 47-year-old political prisoner, Masoud Jamei, who is imprisoned at Sheiban Prison in Ahvaz, of corruption on earth, membership in the People’s Mojahedin Organization of Iran (PMOI), and conspiracy to overthrow the government on Monday, April 28. Jamei, who was arrested on first of August 2023, is suffering from severe stomach cancer, liver disease, high blood pressure, and severe internal infection, but the prison authorities do not take any action to treat him.

On the other hand, the prisoners of the central prison of Karaj have been suffering from skin diseases for months due to the dire health conditions, but no action is taken to treat them, and prison authorities do not give them medicines such as ointment brought by the families of the prisoners. In addition, in Khorramabad prison, the officers steal the medicines brought by the families for their children and do not give them to the prisoners.

Khamenei, in his decline, does not turn away from any crime. Silence in the face of the spearhead of terror, execution, and warmongering is trampling on the universal values of human rights. The Iranian Resistance calls for urgent international action to save the lives of political prisoners on death row, to refer the case of human rights violations by this regime to the UN Security Council, and to bring its leaders to justice.

(source: Secretariat of the National Council of Resistance of Iran (NCRI) )

*****************

4 Men Executed in Tabriz

Mohammad Rasoul Khoshkar, Saeed Ranjdoust, Saber Aminabadi and Mehdi Habibi were executed for murder and drug charges in Tabriz Central Prison.

According to information obtained by Iran Human Rights, 4 men were executed in Tabriz Central Prison 2nd May. 3 of the men were sentenced to qisas (retribution-in-kind) for murder. Their identities have been established Mohammad Rasoul Khoshkar and Saeed Ranjdoust, both 53, and Saber Aminabadi.

The 4th executed man was on death row for drug-related charges. His identity has been established as 40-year-old Mehdi Habibi.

An informed source told Iran Human Rights: “Mohammad Rasoul Khoshkar was arrested for the rape and murder of a 15-year-old girl and received the death penalty for both charges. But as the victim’s family were present at the execution, it appears that the qisas sentence was carried out.”

“Saeed Ranjdoust was arrested for murder around 5 years ago and sentenced to qisas. He was carpet weaver from Tabriz with 3 young children and also took care of 2 orphans. Saber Aminabadi was arrested for an honour killing 3 years ago. Mehdi Habibi was arrested for drug charges 3 years ago. At the time of writing, none of their executions have been reported by domestic media or officials in Iran.

Drug-related executions have continuously risen every year since 2021. According to IHRNGO’s 2023 Annual Report on the Death Penalty, at least 471 people were executed for drug-related charges, an 84% increase compared to 2022 (256) and about 18 times the average of drug-related executions in 2018-2020.

On 10 April 2024, 80+ Iranian and international organisations and groups called for joint action to stop drug-related executions, urging UNODC to make “any cooperation with the Islamic Republic contingent on a complete halt on drug-related executions.”

*************

Nasir Hariri Executed in Qazvin

Nasir Hariri, a man sentenced to qisas (retribution-in-kind) for murder, was executed Qazvin Central Prison.

According to information obtained by Iran Human Rights, a man was executed in Qazvin Central Prison (Choobindar) on 1st May. His identity has been established as 38-year-old Nasir Hariri who was sentenced to qisas for murder.

An informed source told IHRNGO: “Nasir Hariri was arrested for allegedly killing a baker with a scale stone 3 years ago and sentenced to qisas.”

At the time of writing, his execution has not been reported by domestic media or officials in Iran.

Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness.

In 2023, at least 282 people including 2 juvenile offenders and 15 women, were executed for murder charges, the second highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.

At least 63 people have been executed in Iranian prisons in the second fortnight of April and at least 171 people including six women were executed between January-April 2024.

*************

Sohrab Rafieian and Morteza Azimi Executed in Zanjan

Sohrab Rafieian and Morteza Azimi, 2 co-defendants on death row for drug-related charges, was executed in Zanjan Central Prison.

According to information obtained by Iran Human Rights, 2 men were executed in Zanjan Central Prison on 28 April. Their identities have been established as 35-year-old Sohrab Rafieian and 40-year-old Morteza Azimi who were sentenced to death for drug-related charges by the Revolutionary Court in the same case.

An informed source told Iran Human Rights: “Sohrab Rafieian and Morteza Azimi were both from Zanjan and had been arrested for carrying 60kg of heroin and opium around 3 years ago. Morteza had a son with physical disabilities.”

At the time of writing, their executions have not been reported by domestic media or officials in Iran.

Drug-related executions have continuously risen every year since 2021. According to IHRNGO’s 2023 Annual Report on the Death Penalty, at least 471 people were executed for drug-related charges, an 84% increase compared to 2022 (256) and about 18 times the average of drug-related executions in 2018-2020.

On 10 April 2024, 80+ Iranian and international organisations and groups called for joint action to stop drug-related executions, urging UNODC to make “any cooperation with the Islamic Republic contingent on a complete halt on drug-related executions.”

(source for all: iranhr.net)

MAY 4, 2024:

TEXAS:

We must stand against Robert Roberson's wrongful death sentence

Letter to Editor

Robert Roberson has spent 20 years on death row in Texas for a crime that never occurred. His daughter, Nikki, died of accidental and natural causes; however, Robert was convicted under the outdated and now debunked “shaken baby” hypothesis.

I began to correspond with Robert because my son knew him in Palestine public schools. We have been writing back and forth for years, and I serve as one of his spiritual advisors.

Every letter begins with his thankfulness to God for caring for him. He has never complained about his situation except that he could not be present to help his mother, his special-needs adult children and friends. His mother, Carolyn, died with COVID early in the pandemic. Now he worries over his children’s welfare, and he has not been able to care for them from prison.

Robert also has special needs. He is a person with autism, which was not diagnosed when his daughter fell ill. When he brought Nikki to the emergency room, hospital staff may have misinterpreted Robert’s flat demeanor for not being concerned. The truth is, Robert is one of the most caring people I know.

Robert being sent to death row, let alone the possibility of him facing execution, should never have happened. Medical evidence presented in his latest hearings was clear enough that even English teachers like me could understand. Nikki’s true illness went misdiagnosed. Doctors prescribed drugs that should have helped her – if she had what they believed she had. She didn’t. The drugs further complicated her fragile condition. She did not survive. She was not harmed by “shaking” or any other abuse.

Having known D.A. Allyson Mitchell more years than probably either of us wants to admit, I want to believe in her ability to admit that mistakes can be made.

Robert was prosecuted and wrongly convicted before D.A. Mitchell’s tenure. I attended the closing arguments when Robert's lawyers were fighting to get him a new trial. D.A. Mitchell was not in the courtroom to hear the summary of the evidence from multiple credentialed doctors and scientists who do not believe his daughter's death was a homicide.

D.A. Mitchell can do the right thing by taking a second look at Robert’s case. I pray she does everything in her power to make sure this innocent father is not executed.

Donna Drake Farmer

Tyler, Texas

(source: Letter to the Editor, Palestine Herald)

PENNSYLVANIA:

Former Pennsylvania Death Row Prisoner Jimmy Dennis Awarded Compensation After Years-Long Legal Battle

INNOCENCE PENNSYLVANIA

“This vin­di­ca­tion, even more than the mon­ey, is some­thing that will help him bet­ter rein­te­grate into society…The future is now open to him in a way that it wasn’t before yesterday.”----Paul Messing, attor­ney for Jimmy Dennis.

On April 25, 2024, a Philadelphia, Pennsylvania jury awarded $16 million to former death row prisoner Jimmy Dennis, who was wrongfully convicted and spent 25 years in prison. Following nine days of trial, jurors determined that the city of Philadelphia owes Mr. Dennis $10 million, and the 2 detectives who “engaged in malicious or wanton misconduct” owe him an additional $3 million each. Mr. Dennis was sentenced to death in 1991 for a murder he maintained he could not have committed, and in 2013, a federal judge overturned his conviction, calling it a “grave miscarriage of justice.”

While awaiting his retrial, prosecutors offered Mr. Dennis the opportunity to plead no contest to a lesser charge and be released immediately. In pleading no contest, Mr. Dennis does not accept guilt and thus was permitted to sue the city of Philadelphia for police misconduct. The 2 investigating officers, Manuel Santiago and Frank Jastrzembski, are awaiting trial on perjury charges stemming from a separate case in which prosecutors allege they lied on the witness stand during a retrial.

ALABAMA:

Alabama court upholds sentence of Madison County man on death row

The Alabama Court of Criminal Appeals upheld the conviction and sentence of a Madison County man sent to death row for five murders.

Christopher Henderson’s appeal claimed the trial court violated his right to a public trial.

The 2021 proceedings were held at the height of the coronavirus pandemic.

Henderson also claimed other errors.

The appeals court rejected them all in upholding his conviction for the 2015 murders of his ex-wife and her unborn child, his former mother-in-law, and 2 other children.

(source: WAFF news)

OHIO:

Chad Doerman trial could be delayed a year after defense motions to remove death penalty

The trial of Chad Doerman, the Clermont County father accused of killing his 3 sons, could be delayed until next year.

Doerman’s defense team filed a motion April 30 to take the death penalty off the table due to an Ohio law passed in 2021.

The law signed by Gov. Mike DeWine bans the death penalty for those who were seriously mentally ill at the time of their offense.

With this motion, an extensive hearing will be held to determine if Doerman was seriously mentally ill.

Clermont County Common Pleas Judge Richard Ferenc said the hearing could take 2 or 3 days and would liken more to a mini trial than a simple hearing.

The prosecution and defense will both present expert testimony on the state of Doerman’s mental health when he allegedly executed his three sons last June.

Clayton, 7, Hunter, 4, and Chase, 3, were found dead in the front yard of their Clermont County home while their father sat on the front porch with a rifle.

Investigators say Doerman wasn’t sleeping well in time leading up to the killings, and before he opened fire that day, he was pacing around the house holding a Bible. The boys’ mother was shot in the hand trying to save 1 of the boys, according to court documents.

Doerman’s lawyer, Gregory Meyers, said Friday that his client was prepared to waive his right to a speedy trial until at least Jan. 1, 2025.

Both the prosecution and the defense have started making plans for the trial to happen some time next year.

Ferenc’s term as judge is up at the end of this year. He explained Friday that he has “aged out” and cannot run for re-election. To avoid further delays to the trial, the prosecution and defense have agreed to explore the possibility of bringing in a visiting judge.

Judges must be certified to hear death penalty cases and Ferenc’s expected replacement would have to obtain that certification.

Ferenc said the court had already sent 750 summons for jury duty in expection of the July trial along with extensive jury questionnaires. That process will now have to happen again whenever a new trial is scheduled.

The “serious mental illness” hearing has been scheduled for Aug. 5.

(source: Cincinnati Enquirer)

IDAHO:

Family of slain University of Idaho student frustrated at pace of murder trial

The family of slain University of Idaho student Kaylee Goncalves on Thursday expressed their frustration at the pace of the murder trial for Bryan Kohberger, the man accused of killing their daughter and 3 other students.

“This case is turning into a hamster wheel of motions, hearings, and delayed decisions,” the Goncalves family said in a statement following the latest court hearing in the case. “Can we all just agree that this case needs to move forward and the Judge needs to start setting hard deadlines in this case?”

The Idaho judge overseeing Kohberger’s quadruple murder trial ruled Thursday that an upcoming evidentiary hearing about certain evidence with witnesses will be closed to the public.

“I want to see what all the issues are, the arguments from both sides, so I can make the more fair decision. So, I’m going to close the hearing. At some point in the hearing, maybe we can open up part of it, but I need to dig in, and you need to dig in to exactly what is the problem with each one of these issues,” Latah County District Court Judge John Judge said.

Kohberger’s defense had asked for the hearing to be made public, while the prosecution asked that it be sealed, arguing “the need to protect the privacy and the sensitive information and ultimately protect the state and defendant’s rights to a fair trial outweighs the right to a public hearing.”

Bryan KohbergerExpert will testify Kohberger’s cell phone was outside of Moscow on the night of the Idaho murders, defense says “This hearing needs to be in the public eye,” said defense attorney Anne C. Taylor. “For the court to allow the prosecution to say we need to keep this all private for a fair trial really ignores the public nature of this case.”

Taylor added the hearing – and those going forward – should be public “so people can start to wonder if Bryan is innocent. Your honor, Bryan is innocent and he has an absolute sixth amendment right to have his hearings in public.”

Kohberger, 29, faces four counts of first-degree murder and one count of burglary in the killings of Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Ethan Chapin, 20, at a home just off the university’s main campus in Moscow. Prosecutors have said they will seek the death penalty.

The hearing is the latest turn in the high-profile case against Kohberger, who is accused of fatally stabbing the 4 college students early on Nov. 13, 2022. A not guilty plea was entered last May on his behalf, and his attorneys have indicated he intends to present an alibi as part of his defense.

Due to a wide-ranging gag order, prosecutors, defense lawyers and attorneys for victims’ families and witnesses are prohibited from saying anything publicly, aside from what is already in the public record.

In their statement, the Goncalves family said, “Not every motion needs a hearing. Not every decision needs to take a month to decide.”

“Discovery, discovery, discovery! You have what we want… no I don’t, yes you do… no I don’t, let’s have a new hearing….Hit repeat. This banter has been going on for 17 months. Then once you get a hearing, you have a hearing about the decision that was made at that hearing before the last hearing and there needs to be another hearing,” the statement said.

“I know our statement sounds as if we are incredibly frustrated and we are!” the statement continued. “We understand the Justice system and we want a fair trial for the Defendant, but turning the case into a delay game serves no one’s interests other than the Defense. Once again thank you for all your kindness and prayers for our Family!”

Kohberger’s alibi defense was filed last month, after the judge had repeatedly extended the submission date.

According to his alibi defense, Kohberger was out driving west of Moscow the night of the slayings “as he often did to hike and run and/or see the moon and stars.” The defense plans to offer a cell phone tower and radio frequency expert to partially corroborate this account, according to the document.

His public defenders have pointed several times to their client’s purported penchant for taking long drives alone late at night. In an August filing, they wrote of the night of the killings, “Mr. Kohberger is not claiming to be at a specific location at a specific time.”

In response, the prosecution asked the court to deny Kohberger the opportunity to add to his alibi and stop anyone other than the defendant from testifying as to his whereabouts on the night of the killings.

The state argued the cell tower and radio frequency expert’s testimony “doesn’t rise to the level of an alibi.”

(source: WDSU news)

OREGON:

OBITUARY: Ronald E.Steiner----Ron Steiner, 85, died April 26, 2024, in Salem

The son of William and Alice Patrizio Steiner, he was born April 14, 1939, in Indiana, Pennsylvania, where he worked in his father's market, played a variety of sports, and made several lifelong friends.

He attended Allegheny College, playing quarterback on the football team and earning a Bachelor's degree in Sociology in 1961. For most of the next 2 decades, he worked in Pittsburgh as an advertising salesperson and eventually sales manager for television station WIIC.

He later moved to Albuquerque, New Mexico, to serve as general manager at KLKK, New Mexico's 1st independent TV station. After being fired from that job (which Ron later referred to as "the best thing that ever happened in my career"), he launched the Marketing Communications Group. He began with a small handful of clients and eventually served 150 stations nationwide.

Before and after retiring from the television industry, Ron invested his time, energy, and marketing experience in a variety of Greater Albuquerque Habitat for Humanity and Futures for Children.

While cooking and eating weekly meals with residents at Dismas House (a transitional living program for men on probation or parole), Ron recognized the inequities of the judicial system and the inspiring humanity and potential of many "ex-cons." He soon joined the steering committee for the Coalition to Abolish the Death Penalty and, 9 years later, helped celebrate the repeal of New Mexico's death penalty. He served on the national board of directors for Murder Victims' Families for Reconciliation. He founded and directed the Albuquerque Italian Film and Culture Festival, benefiting the New Mexico Children's Hospital.

In 2010, Ron followed his beloved wife Caren Ann Jackson to Salem, Oregon, where he continued his volunteer work as a joyful cook (delivering meals to friends in need and various homeless shelters) and as board chair of Oregonians for Alternatives to the Death Penalty. Ron's patient, loving, tenacious advocacy among legislators and diverse people of faith across the state helped lead to the passage of SB 103, which significantly restricted the crimes for which a person can be charged with a capital offense.

Ron spent the first half of his life excelling as a son, student, athlete, salesman, husband, father and provider. He spent the last half expanding and redefining that success - building strands of connection and purpose for himself and others as an entrepreneur, mentor, father, husband, friend, and activist for peace and justice.

He is survived by his former wife Cynthia (McMinnville, Oregon); by his son Michael Ulku­ Steiner and his wife Beril and grandchildren Kenan and Lucy (Chapel Hill, North Carolina); by his daughter Amy Halloran-Steiner and her husband Silas, and grandchildren Ukiah and Metolius (McMinnville, Oregon); and by his loving and dedicated wife Caren Ann Jackson (Salem, Oregon). Ron also has much-loved bonus children Kari Lynn, Michael, Gretchen, Ryan, along with their partners and children in Salem, Oregon; Parma, Idaho; Seattle, Washington and Honolulu, Hawaii.

A memorial mass and celebration of life will be held at Ron's chosen parish in Salem, Queen of Peace Catholic Church, on June 14 from 4 p.m.-7 p.m. His ashes will later be scattered in Albuquerque, on the west face of Sandia Peak.

(source: Salem Reporter)

USA----female faces federal death penalty

Woman accused of killing pregnant Arkansas woman and her unborn child has trial delayed again----Federal prosecutors are asking to seek the death penalty against Amber, according to officials.

The federal trial for Amber Waterman, the woman accused of kidnapping a Benton County pregnant woman and killing her and her unborn child, has been delayed, according to court documents.

Amber Waterman and her husband Jamie Waterman's federal trial is now set for October 21, 2024.

A federal jury indicted the couple for crimes that allegedly led to Ashley Bush and her unborn daughter's death in Pineville, Mo.

The indictment says that on Oct. 31, 2022, Amber kidnapped Ashley Bush after meeting her online under false pretenses.

Amber reportedly told Bush she would pick her up to bring her to a job interview, but instead kidnapped Bush and brought her to her home in Pineville, Mo.

Amber is accused of killing Bush and her unborn daughter in an attempt to claim the child as her own, even going so far as to allegedly "give birth" to the baby, according to court documents.

Amber Waterman is facing charges of causing the death of an unborn child and kidnapping resulting in death, and her husband Jamie is charged with accessory after the fact.

The indictment says Jamie assisted Amber after she kidnapped Bush, knowing she'd committed a crime. Both Amber and Jamie have pleaded not guilty to the charges against them.

The federal trial in Springfield had been originally scheduled for December 4, 2023, but was pushed back to June 3, 2024, and then finally, on May 3, the judge granted a final extension, with the jury trial now scheduled for October 2024.

Federal prosecutors are asking to seek the death penalty against Amber, according to Benton County Prosecuting Attorney, Josh Robinson.

(source: 5newsonline.com)

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Prosecutors won't challenge Dzhokhar Tsarnaev appeal case

Prosecutors have announced that they won’t challenge a federal appeals court ruling regarding possible juror bias in the death penalty case of Boston Marathon bomber Dzhokhar Tsarnaev.

Defense lawyers for Tsarnaev are fighting to get his death penalty sentence overturned, arguing bias over questionable social media posts made by 2 people who sat on the jury that convicted him for his role in the bombing that killed 3 people and injured hundreds near the marathon’s finish line in 2013.

The appeals court recently ordered the judge who oversaw Tsarnaev’s trial to investigate the defense’s claims of juror bias and determine whether his death sentence should stand. Prosecutors are now agreeing to take a 2nd look.

“This letter is to inform the Court that the government will not be seeking panel rehearing or rehearing en banc (on the bench) of the decision of this case,” the U.S. District Attorney’s Office wrote in a letter to the U.S. Appeal Court.

There is no chance Tsarnaev will be freed from prison, but his sentence can end up changing to life without parole instead of death.

Defense lawyers have also argued that Tsarnaev had fallen under the influence of his older brother, Tamerlan, who died in a gun battle with police after the bombing.

Tsarnaev was convicted of all 30 charges against him, including conspiracy and use of a weapon of mass destruction and the killing of Massachusetts Institute of Technology Police Officer Sean Collier.

Lingzi Lu, a 23-year-old Boston University graduate student from China, Krystle Campbell, a 29-year-old restaurant manager from Medford, and 8-year-old Martin Richard, of Boston, all died in the bombing.

(source: boston25news.com)

DR CONGO:

8 DR Congo Troops Handed Desertion Death Sentence----Prosecutors had sought the death penalty against 11 soldiers on trial for desertion in the Democratic Republic of Congo

A military court in the Democratic Republic of Congo's war-torn east on Friday handed a death sentence to 8 soldiers, including5 officers, for desertion and cowardice when fighting M23 rebels.

Prosecutors had sought the death penalty against 11 soldiers on trial in the same case, but the Goma court acquitted 3 of them, ruling that the charges against those soldiers were "not established".

The troops were fighting against the Tutsi-led M23 (March 23 movement) rebels, who took up arms again in late 2021, seizing large swathes of North Kivu province.

"They never fled from the enemy nor abandoned their position -- on the contrary," said Alexis Olenga, lawyer for 1 of the 5 officers facing charges.

Olenga said the soldiers were based at Lushangi-Cafe, a federal army position close to the strategic town of Sake, 20 kilometres (12 miles) down the road from North Kivu's capital Goma.

These were the 1st capital punishment sentences since authorities decided on March 13 to lift a suspension on executions that had been enforced since 2003.

"We are going to appeal," Jean-Richard Buino, a lawyer for the convicted Colonel Patient Mushengezi Shamamba, told AFP.

The failure of the army and its auxiliaries to halt the advance of the M23 rebels has raised suspicion that the security forces had been infiltrated.

Several military personnel as well as members of parliament, senators and business leaders have been arrested and accused of "complicity with the enemy".

For the last 20 years, death sentences have been handed down in the DRC, especially in cases involving the military or armed groups, but have systematically been commuted to life in prison.

Human rights groups and the Catholic Church have called on the government to abolish capital punishment for any crime.

(source: Agence France-Presse)

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8 DRC soldiers sentenced to death for desertion

The sentence comes after the Congolese government lifted the moratorium on the death penalty in March.

8 Congolese soldiers, including 5 officers, have been sentenced to death for “cowardice” and “running away from the enemy” by a military court in Goma, in the east of the Democratic Republic of Congo, where the M23 rebellion is gaining ground.

Prosecutors had sought the death penalty for all 11 defendants, but the court acquitted 3 sergeants for lack of evidence.

The convicts were all involved in the fight against the M23, which has taken control of much of North Kivu province with the support of the Rwandan army.

Despite the defense’s claims, the court ruled that the 8 defendants had indeed committed the crimes with which they were charged.

The defendants’ lawyers have announced their intention to appeal.

This decision comes after the Congolese government lifted a moratorium on the death penalty in March, specifically targeting military personnel accused of treason and criminals responsible for urban violence leading to death.

Growing concern over the Congolese army’s inability to contain the M23 has led to suspicions of infiltration within the security forces.

Since the start of the rebellion, many members of the armed forces, as well as political and business figures from the east of the country, have been arrested for “complicity with the enemy.”

The UN High Commissioner for Human Rights expressed concern over the decision and reiterated the UN’s commitment to the abolition of the death penalty.

Congolese President Félix Thshisekedi justified the move as a means of deterring Rwanda’s allies.

Although death sentences are regularly handed down in the DRC, they have traditionally been commuted to life imprisonment.

(source: apanews.com)

NIGERIA:

Rivers: Wife Bags Death Sentence For Killing Husband

A State High Court sitting in Port Harcourt has convicted and sentenced a woman identified as Telma Bestman to death by hanging for killing her husband in Rivers State.

The court also sentenced one Wilson Okelekele for conspiring with Telma Bestman for the murder of Wagbara Bestman at his residence along Saint John axis of Rumuolumeni -Ogbogoro link Road, Obio-Akpor Local Government Area of Rivers State, on Sunday, February 2020.

Delivering judgment on Thursday, the trial Judge, Justice Augusta Kingsley-Chukwu, held that the prosecuting counsel was able to prove the case of conspiracy and murder beyond reasonable doubt.

The court ruled that evidence presented to it by the prosecution proved that the accused wife, actually conspired with Wilson Okelekele to kill Bestman Wagbara.

The stated that the exhibits revealed that the accused woman opened the back door of the house leading to the main entrance of her husband’s room where her accomplice a security guard committed the act.

Justice Kingsley-Chukwu after considering all exhibits and arguments from both parties, sentenced the defendants to death, declaring that the duo be hanged at their necks until they are confirmed dead.

Speaking to journalists outside the courtroom, the Chief State Counsel, Rivers State Ministry of Justice, Precious Ordu welcomed the judgment, describing it as well served deserved.

Ordu said, “We are happy, they can’t eat their cake and have it, they can’t just kill an innocent man, a full fledged man and expect to go scott free, the law doesn’t allow that.

“We are happy that the judgment went this way, we expected it and by God’s grace we have also gotten it today.”

On his part, Prince Ibojiekere Amadi, counsel for Wilson Okelekele, expressed his dissatisfaction over the judgment adding that he would appeal the judgment.

“Naturally I will appeal the judgment because we are not satisfied with the judgment of the court.

“We will study the judgment of the court, then we will do the needful, we are not satisfied with the judgment.”

(source: independent.ng)

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31-yr-old man bags death sentence for fatally stabbing man in Niger

Chief judge of Niger state, Justice Halima Ibrahim Abdulmalik, has sentenced a 31-year-old man, Hamza Mohammed, to death by hanging for homicide.

The judge convicted and handed down the sentence on Friday after finding him guilty of a 2-count charge of joint act and culpable homicide.

It was reported earlier the Hamza involved in a rival clash between the youths of Kpakungu area and those of Barikin Saleh, all of Minna, which resulted in the death of one Isah Mohammed, who was stabbed to death by one Baba Usman.

The convict was said to be in the company of Baba Usman, currently at large, when the incident occurred.

Delivering judgement, Abdulmalik judge held that the prosecutor was able to prove the 2-count charge against him beyond every reasonable doubt.

She said the joint act and culpable homicide, offences punishable under Section 221 and Section 79 of the Penal Code was established against the convict.

“The case of culpable homicide punishable by death is mandatory. You, Hamza Mohammed, is hereby convicted and sentenced to death by hanging until you are dead. May the Lord have mercy on your soul,” Justice Abdulmalik said.

Meanwhile, in another news…

Earlier this year, a 24-year-old man, Monday Abbah was sentenced to death by hanging by an Abeokuta High Court, for killing his colleague, Rapheal Osugbe.

The prosecution counsel informed the court that the convict and the deceased were the staff of the Lexis Plastic Company along the Lagos/Ibadan Expressway and the incident occurred on February 13, 2017.

“On Feb. 13, 2017, the company’s truck, which was driven by Mr Rapheal Osugbe (deceased), wanted to offload goods; while he was reversing, the truck mounted on some empty containers which were inside a sack that the defendant was arranging.

“The defendant took one of the empty containers and threw it at Osugbe(deceased), who angrily came down from his truck, held onto the defendant and also slapped him, which led to a physical fight.

“In the process, Abbah who was holding on to a knife he uses to remove nylon from the plastic container, stabbed Osugbe in his neck and blood started gushing out. The deceased was immediately rushed to the hospital but unfortunately died on the way due to shortage of blood,” the prosecution said.

(source: correctng.com)

INDIA:

2 sentenced to death, 6 get life imprisonment in honour killing case

A sessions court here has handed down death penalty to 2 culprits in the honour killing of a pregnant woman along with a fine of Rs 4.29 lakh while the 6 other accused in the case were sentenced to life imprisonment.

Those who face death sentence are Ibrahimsab Attar and Akbarsab Attar while those awarded life imprisonment are Ramzanbi Attar, Davalabi Jamadar, Azma Daccani, Jinali Daccani, Abdul Khader Daccani and Davalabi Dhannoora.

Banu Begum Attar and Saibanna Konnur of Halagundakanala in Muddebihal taluk were in a relationship and got married in 2017. However, Banu Begum’s family was opposed to the marriage. After they got married, Banu and Saibanna moved to another town. When Banu got pregnant, she returned to her parental home for delivery.

Banu Begum’s parents and relatives, who were angry with her for marrying a non-Muslim, attacked the couple and Banu fell unconscious. They parents then poured kerosene on the pregnant woman and burnt her to death.

The Talikote police, who had arrested the accused, submitted a chargesheet before the court. Public Prosecutor S S Lokur argued the case on behalf of the government.

(source: english.publictv.in)

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