FEATURED POST

Trial by Fire - Did Texas execute an innocent man?

Image
The fire moved quickly through the house, a one-story wood-frame structure in a working-class neighborhood of Corsicana, in northeast Texas. Flames spread along the walls, bursting through doorways, blistering paint and tiles and furniture. Smoke pressed against the ceiling, then banked downward, seeping into each room and through crevices in the windows, staining the morning sky.
Buffie Barbee, who was eleven years old and lived two houses down, was playing in her back yard when she smelled the smoke. She ran inside and told her mother, Diane, and they hurried up the street; that’s when they saw the smoldering house and Cameron Todd Willingham standing on the front porch, wearing only a pair of jeans, his chest blackened with soot, his hair and eyelids singed. He was screaming, “My babies are burning up!” His children—Karmon and Kameron, who were one-year-old twin girls, and two-year-old Amber—were trapped inside.
Willingham told the Barbees to call the Fire Department, and while Dia…

Judge Accepts Challenge of Law in Death Penalty Case

Donald Fell
Donald Fell
In an order issued Tuesday, U.S. District Court Judge Geoffrey Crawford said there was "strong disagreement" in "judicial and scholarly" circles about the legality of the death penalty

The federal judge hearing the death penalty retrial of a Vermont man charged with killing a Rutland supermarket worker more than 16 years ago said he was open to hearing a constitutional challenge of the federal death penalty law.

In an order issued Tuesday, U.S. District Court Judge Geoffrey Crawford said there was "strong disagreement" in "judicial and scholarly" circles about the legality of the death penalty.

"Preliminarily, and with an open mind about the arguments recently made by both sides, the court is looking at the constitutional challenge to the death penalty," Crawford wrote in the entry order dated Tuesday.

Crawford said that cases from the 1970s identified and tried to correct problems with the death penalty but "40 years later the question of a systemic violation of the Eighth Amendment remains."

Crawford scheduled a hearing for Feb. 26 so defense attorney for Donald Fell and prosecutors can discuss the details of the case and be ready for a hearing on the issues this summer.

Robert Dunham of the Washington-based Death Penalty Information Center said Crawford's ruling was an important development in the case.

"Judges don't grant evidentiary hearings if they don't have concerns about the issues," Dunham said.

Fell was arrested in 2000 shortly after the abduction and killing of Terry King, a North Clarendon grandmother. At the time, prosecutors decided the case should be heard in federal court. Vermont has no death penalty.

In 2002, the judge then hearing the case declared the federal death penalty unconstitutional. Two years later, an appeals court overturned that ruling, allowing the original trial to go forward.

Fell was convicted in 2005 and sentenced to death for the abduction and killing of King. A judge ordered a new trial because of juror misconduct. A second trial is scheduled for February 2017.

Last fall, Fell's attorneys asked the court to rule the death penalty is cruel and unusual punishment prohibited by the Fifth and Eighth Amendments to the U.S. Constitution.

Source: necn, Feb. 10, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most Viewed (Last 7 Days)

Iran: Three Hand Amputations, Four Hangings Carried Out in Qom

Trial by Fire - Did Texas execute an innocent man?

Nevada law says chief medical officer must advise on executions despite ethical clash

Iran: Woman Asylum Seeker Lashed 80 Times After Being Deported From Norway

Poorly executed - Indiana inmate challenges state's lethal cocktail change

Iran: Three executions carried out, two in front of large crowds

Two Myanmar migrants make final appeal in Koh Tao murder case

Gambia: President Barrow Signs Abolition Of Death Penalty Treaty

"I cannot execute convicted murderers," Tanzania's president declares

Judge warns death row inmate to keep Nevada's execution manual secret