Friday, November 27, 2009

Nov 26 TEXAS, OHIO, KY., ILL., TENN., FLA.

Nov. 26



TEXAS----new genocide sentence

Fabian Hernandez cursed to death----Jury's preference comes 2 weeks after
trial began


Jurors upon Wednesday cursed a 34-year-old male to genocide for a murders
of his former mother as well as her friend. The defendant, Fabian Hernandez, will
get an involuntary interest as well as can expect to spend during least 6 years upon death
row.

As Thanksgiving approached, a jury handed up a genocide judgment a little
more than 2 weeks after Hernandez's conference began. The jurors deliberated
for 17 hours across 3 days prior to deciding Hernandez should die for
killing Renee Urbina Hernandez, 28, as well as Arthur Lee Fonseca, 24.

Hernandez remained stoic as District Court Judge Angie Juarez Barill read
the verdict. His conduct bowed, he then smiled briefly as he consulted with
his attorneys.

In contrast, his mother, Socorro Hernandez, began crying as soon as she
entered a courtroom.

Barill asked Fabian Hernandez either he longed for to contend anything, though he
declined. His kin pronounced they had no comment.

Hernandez's conference began 3 years after a murders. Jurors found which he
shot both victims in a conduct outward a West Side home of Renee
Hernandez's parents.

Prosecutors pronounced Fabian Hernandez, sceptical given his ex-wife had
expressed a regretful interest in Fonseca, killed them in cold blood.
Fabian as well as Renee Hernandez's 2 immature sons were defunct in a home during
the shootings.

Cynthia Estevis, sister of Renee Hernandez, testified which a murders
wounded her family forever.

"We contingency all live with a outrageous blank in our hearts though Renee," Estevis
said to Fabian

(source: El Paso Times)

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

Death row's cursed prisoners speak often of love - not regret


Prisoners upon genocide quarrel in a US many frequently utter a word "love" in
their final statements, investigate has found.

Newsweek repository analysed a final statements of all 446 group as well as women
executed in Texas given a Supreme Court reintroduced a judgment in
1976.

"Love" tops a list with 630 mentions. It is 3 times some-more usual than
"sorry" in a list which finds which many some-more inmates criticism which they are
"innocent" to a final than confess they have been "guilty".

"Thanks" was a 2nd many usual word, with 243 mentions amongst a 446
inmates executed.

The list was compiled by seeking during a final difference of genocide quarrel prisoners
including those of 2 inmates executed final week.

Danielle Simpson, who was given a fatal injection final Wednesday for
killing an 84-year-old woman, gave a standard reply when asked for his
final words.

The Texas Department of Criminal Justice, which publishes all the
statements online, available a killer as saying: "Yeah, you want to tell
my family you love y'all. Tell Kate you love her too. Tell brothers, my kids I
love y'all. I'm gonna miss y'all. I'm ready, ready."

Alongside 3 mentions of "love", "ready" additionally facilities twice. In all,
"ready" is referred to 65 times by those executed in Texas given the
sentence was reintroduced, according to Newsweek's analysis.

There is usually 1 mention of "afraid" in a list.

Religion is a usual theme, with "God" a 4th many commonly mentioned
word. It is assimilated in a index by "Lord", "Jesus", "Allah", "heaven" and
"hell".

20 mentions of "closure" were recorded, though usually twelve of "regret".

(source: The Telegraph)






OHIO:

Court clears way for Biros execution----Killer set to die Dec. 8 after
stay lifted


Trumbull County Prosecutor Dennis Watkins pronounced ''enough is enough.''

''We have justice upon our side,'' he said, anxious for a execution of
convicted torpedo Kenneth Biros given a Friday justice statute privileged a way
for a Dec. 8 date when a Trumbull County genocide quarrel invalid could become
the first cursed restrained in a U.S. put to genocide by a 1-drug IV
injection.

In his office as well as gazing ceiling whilst he counted, Watkins pointed out 34
judges or release house members who had confirmed a genocide chastisement or
denied any indulgence for a former Brookfield man, who murdered Tami
Engstrom Feb. 7, 1991.

And as Watkins has pointed out before, Biros not usually murdered the
22-year-old immature mother, he tortured, raped, stabbed, gutted and
dismembered a lady prior to pinch her remains nearby his home as well as in
western Pennsylvania.

''He's a ruthless monster. It had to be one of a many iniquitous crimes in
Ohio,'' Watkins said.

Meanwhile, Debi Heiss, Engstrom's sister, pronounced a family is
''glorified.''

''And you goal Ken Biros is horrified. It's thirteen days as well as counting,'' she
said, explaining she'll make arrangements Monday to book a room in
Lucasville to perspective a execution. ''Our family finally has something to be
thankful for,'' she said.

A formerly blocked execution date was allowed go brazen due to a change
in Ohio's fatal injection policies, a federal appeals justice ruled
Wednesday.

The preference of a 6th U.S. Circuit Court of Appeals means Biros would be
the 1st invalid executed underneath a state's change from a 3-drug intravenous
lethal injection to a 1-drug IV injection, with a 2-drug muscle
injection portion as a backup.

The change renders moot Biros' argument which a state's former policy is
unconstitutional, a 3-judge justice quarrel said.

''In extenuation a stay of execution, a district justice based a reasoning
on concerns associated to a aged procedure. Because a aged procession will
not be employed upon Biros, no basis exists for stability a stay
previously in effect,'' a justice wrote.

The preference could be appealed to a full 6th Circuit or to a U.S.
Supreme Court. A message seeking criticism was left for Biros' attorney, Tim
Sweeney, Wednesday morning.

State Public Defender Tim Young released a statement, saying he was
disappointed in a decision.

''The justice has ruled upon a yet-to-be-changed custom which has nonetheless to be
published. Biros' box has been spoken moot with no factual exploration as
to either a proposed changes will be constitutionally current or meet
Ohio's requirement of a quick as well as painless execution.''

A U.S. District Court decider had during a moment behind Biros' execution after
the governor halted a fatal injection of an additional invalid in September
because jail staff could not find a suitable vein.

The state voiced Nov. thirteen which it was becoming different a protocol, effective
Nov. 30, in a arise of a Sept. fifteen execution try of Romell Broom,
who pronounced in an affidavit which executioners painfully strike muscle as well as bone
during as many as eighteen attempts to strech a vein.

Once a state receives central paperwork upon a decision, it will move
forward with preparations for a execution, pronounced prisons spokeswoman
JoEllen Smith.

Sweeney had argued which conducting a execution underneath a brand brand new protocol
would be ''human experimentation, pure as well as simple.''

Biros, 51, has concurred murdering Engstrom, as well as pronounced it was finished during
a drunken rage. He blames ''blackouts'' for periods of time when he can't
recall how a plant finished up with 91 pre-mortum wounds.

Engstrom's family trafficked to Lucasville in 2007 to perspective a execution,
only to find it behind after an additional stay was postulated to concede initial
cruel as well as surprising low mark arguments.

(source: Tribune Chronicle)






KENTUCKY:

Court: No executions until genocide chastisement routine changed


Kentucky contingency halt all executions by fatal injection given it did not
properly adopt a procedures for using a 3-drug cocktail, a state
Supreme Court ruled Wednesday.

The 4-3 ruling, created by Justice Lisabeth Hughes Abramson, says which the
appropriate executive routine was not followed, together with holding
public hearings prior to using a method.

In 2008, a U.S. Supreme Court ruled which Kentucky's fatal injection
method of execution did not constitute vicious as well as surprising punishment.
Kentucky, like 35 alternative states, uses 3 drug which sedate, paralyze and
then kill a inmate.

3 genocide quarrel inmates Thomas C. Bowling, Ralph Baze Jr. as well as Brian Keith
Moore had argued to a justice which a Department of Corrections ignored
administrative procedures as well as did not adopt a minute procession for
lethal injections by a executive law process.

The Department of Corrections has not nonetheless decided either it will appeal
Wednesday's decision. If a state allows a statute to stand, it's not
clear how long it would take for a law to be enacted.

The preference came just dual days after Attorney General Jack Conway asked
Gov. Steve Beshear to set execution dates for Baze as well as dual alternative Death Row
inmates who were not party to a case. Also upon Monday, a American Bar
Association voiced which a 10-person quarrel was undertaking a thorough
review of a implementation of a genocide chastisement in Kentucky.

The preference does not order out all forms of execution.

Prisoners who were cursed to genocide prior to Mar 31, 1998, have the
option of either fatal injection or electrocution. All 3 group included
in Conway's request to Beshear were cursed prior to 1998. But the
inmates, not a state, select a method of execution.

Some anti-death-penalty advocates have called for a moratorium upon all
executions until a ABA quarrel completes a work.

Beshear upon Wednesday pronounced he would take a Supreme Court's preference under
review whilst he decides either to set an execution date for a 3.

"This is an critical preference from a state's Supreme Court, as well as I
appreciate their consummate as well as committed work upon a issue," Beshear pronounced in
a created statement. "We will carefully examination a preference as well as consider
which stairs you need to take."

'The correct decision'

In a 35-page ruling, a justice pronounced a state Department of Corrections
"is required by Kentucky law to publicize a law as to all portions
of a fatal injection protocol" solely for some singular issues.

The singular issues were identified as things such as a identities of the
execution group members, a storage location of a drug as well as other
security-related issues.

David Barron, a lawyer who represents all 3 genocide quarrel inmates who brought
the case, pronounced a people of Kentucky have a right to know how a state
executes prisoners.

"We hold which a Kentucky Supreme Court has reached a correct
decision," Barron said. "The adults of Kentucky have a right to
comment upon a poignant as well as serious permit which can be carried out in
their name."

Bowling was convicted as well as cursed to genocide for a 1990 murders of a
husband as well as mother as they were parked in their car outward their dry
cleaning business in Lexington; Baze for a 1992 murders of dual police
officers who were attempting to serve 5 refugee warrants upon him in Powell
County, as well as Moore in 1984 for a kidnapping, robbery as well as attempted attempted murder of a
79-year-old male in 1979.

If a Department of Corrections follows a standard routine for enacting
an executive regulation, a beginning it could be finished is Apr 15.
That would embody a open hearing, a possibility for a open to send in
comments as well as a examination by a legislature.

But a dialect could try to argue which a custom is an emergency
regulation, which means which it could go in to effect a day Beshear signs
it. An emergency regulation, however, is usually temporary. The department
would still have to go by a executive law routine at
some point, according to Kentucky statutes.

Politically motivated?

Some anti-death chastisement advocates applauded a court's preference Wednesday
but questioned because Conway asked for a execution dates, job his
actions premature as well as possibly politically motivated.

"It additionally calls in to subject a visualisation as well as action of a attorney
general in betimes as well as cavalierly requesting a executions of three
people whose cases have been still prior to a courts," pronounced Daniel Goyette,
chief open defender for a Louisville Metro Public Defenders office.

"It was heartening to examination a Supreme Court's opinion, which in sum and
substance reinforced a order of law in this state, even in these
controversial, emotionally charged cases, as well as especially when some may be
attempting to take political advantage of a situation," Goyette said.

Conway is seeking a Democratic assignment for a U.S. Senate seat
currently hold by Republican Senator Jim Bunning.

Allison Martin, a spokeswoman for Conway, pronounced Conway's preference to ask
for a execution dates had nothing to do with politics. When Conway took
office roughly 2 years ago, he asked his staff to examination a cases of all
death quarrel inmates as well as to establish if any of those inmates were nearby the
end of their appeals.

"This is a really lengthy process," Martin said. "This does not have
anything to do with politics. This has to do with upholding a law of
Kentucky."

(source: Herald-Leader)



ILLINOIS:

Why run a risk with genocide penalty?


The Brian Dugan conference has influenced up a great commotion upon a capital
punishment controversy. All elements of a media have been front paging
articles as well as stories upon various subjects per a issue.

Coming from a conservative family, you should follow a age-old "an eye for
an eye" countenance ... though isn't which too easy? What Dugan (and every
other chairman upon genocide row, alike) did was absolutely unforgivable.
Granting him a genocide judgment would be letting him off too easy. Call me
spiteful, though you hold a lifetime of pang in solitary confinement
without release would be most some-more effective than genocide sentence. Hands
down, capital low mark is vicious as well as surprising punishment; it doesn't
matter what crime was committed.

By sentencing Dugan to death, have been you not stooping to his level? After
ruining his own chances during a happy life, this estranged male substantially wants
nothing some-more than to put an end to his miserable, jail existence, in the
long run. We shouldn't give Dugan anything he wants.

My heart goes out, sympathetically, to a family of attempted attempted murder victims. I
understand because a family in this situation might argue, "if a plant can
no longer arise up in a morning, because should her killer merit to?" I
challenge people to give a make a difference thought from alternative perspectives.

After conference about Rolando Cruz as well as Alejandro Hernandez wrongly sentenced
to death, you mount even firmer about this subject. It is offensive to
think about innocent group being put to death. That's murder. Why run the
risk? Lifetime imprisonment though release can strengthen a innocently
convicted from murder, whilst extenuation a low mark worse than genocide to the
guilty.

Bianca Minniti ---- Glendale Heights

(source: Letter to a Editor, Daily Herald)




TENNESSEE:

Bredesen will not cruise indulgence for Johnson


Gov. Phil Bredesen will not cruise indulgence for a Nashville male set to
be executed early subsequent Wednesday.

Lydia Lenker, a spokeswoman for Bredesen, pronounced Wednesday he will not
intervene in a execution by fatal injection of 53-year-old Cecil C.
Johnson Jr. during Riverbend Maximum Security Institution.

Johnson was cursed to genocide for a triple gangland slaying during a Nashville
robbery in 1980.

He'll be a 6th chairman put to genocide in Tennessee given 2000. There were
no executions in between 1961 as well as 2000.

(source: Associated Press)






FLORIDA:

Death chastisement inspected in Xbox slayings


The Florida Supreme Court has inspected a genocide judgment for a ringleader
of a mass murdering over an Xbox video-game system.

The justice ruled yesterday which Troy Victorino's particular claims of error
in a 2004 box were though merit as well as which he was properly convicted of
6 counts of 1st-degree attempted attempted murder for murdering 6 people, together with a former
Lowell male as well as Nashua lady in a Deltona vacant house.

Among a 6 slain were Erin Belanger, 22, creatively of Nashua, as well as her
boyfriend, Francisco Ayo-Roman, 30, of Lowell. Belanger met Ayo-Roman in
Lowell whilst she was operative during a nursing home as a cook. Crime analysts
said DNA justification showed a span of Lugz boots stained with a red red blood of
several victims belonged to Victorino as well as which bloody prints matching the
boots were found during a crime scene. Victorino, a 6-foot-7-inch, 270-pound
convicted felon, allegedly orderly a attacks with 3 younger men.
Victorino had been squatting in a home owned by Belanger's grandparents
and was kicked out. The group went to collect an Xbox complement as well as other
belongings.

Victorino's attorneys argued which he had been abused as a child as well as was
mentally impaired. Prosecutors pronounced Victorino's attempts to cover up his
crime show he is not impaired.

Victorino's attorneys additionally argued which a genocide chastisement is
unconstitutional, as well as which Victorino should have been postulated a trial
separate from his co-defendants, who pinned a crimes upon him.

Justices pronounced Victorino could not infer his brand brand new claims.

Michael Salas as well as Jerone Hunter additionally were convicted of 12-degree attempted attempted murder in
the slayings, as well as have been additionally upon genocide row. Robert Cannon was cursed to 6
life conditions in prison.

(source: The Lowell Sun)

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