FEATURED POST

In the crosshairs of conscience: John Kitzhaber's death penalty reckoning

Image
To cope with his dread, John Kitzhaber opened his leather-bound journal and began to write.
It was a little past 9 on the morning of Nov. 22, 2011. Gary Haugen had dropped his appeals. A Marion County judge had signed the murderer's death warrant, leaving Kitzhaber, a former emergency room doctor, to decide Haugen's fate. The 49-year-old would soon die by lethal injection if the governor didn't intervene.
Kitzhaber was exhausted, having been unable to sleep the night before, but he needed to call the families of Haugen's victims.
"I know my decision will delay the closure they need and deserve," he wrote.
The son of University of Oregon English professors, Kitzhaber began writing each day in his journal in the early 1970s. The practice helped him organize his thoughts and, on that particular morning, gather his courage.
Kitzhaber first dialed the widow of David Polin, an inmate Haugen beat and stabbed to death in 2003 while already serving a life sentence fo…

Alabama appeals court: Death sentence law constitutional

An Alabama appeals court on Friday ordered a Jefferson County judge to vacate her rulings earlier this year that declared the state's capital punishment sentencing scheme unconstitutional.

In its order the Alabama Court of Criminal Appeals says the state's capital sentencing scheme is constitutional and told Jefferson County Circuit Court Judge Tracie Todd to vacate her March 3 order in the pending capital murder cases of four men that says otherwise.

The Alabama Attorney General's Office had filed four petitions for a writ of mandamus asking the Alabama Court of Criminal Appeals to direct Todd to vacate her orders and allow the state to decide whether to seek imposition of the death penalty in those cases if it decides.

The cases involve Kenneth Eugene Billups, Stanley Brent Chapman, Terrell Corey McMullin, and Benjamin Todd Acton who were all indicted for various counts of capital murder. Chapman and McMullin are charged in the same case and the others in separate cases.

Before their trials, the men each filed a motion to bar imposition of the death penalty in their cases and to hold Alabama's capital-sentencing scheme unconstitutional based on the United States Supreme Court's decision in January declaring Florida's death sentencing system unconstitutional.

Todd agreed and declared the capital murder sentencing law unconstitutional in a 28-page order.

"The Alabama capital sentencing scheme fails to provide special procedural safeguards to minimize the obvious influence of partisan politics or the potential for unlawful bias in the judiciary," Todd stated in her ruling. "As a result, the death penalty in Alabama is being imposed in a "wholly arbitrary and capricious" manner."

The Court of Criminal Appeals, however, said Friday that the state's capital sentencing law is constitutional.

"Alabama's capital-sentencing scheme is constitutional under (U.S. Supreme Court rulings) Apprendi, Ring, and Hurst, and the circuit court (Todd) erred in holding otherwise and prohibiting the State from seeking the death penalty in capital-murder prosecutions," the appeals court opinion on Friday states.


Source: AL.com, Kent Faulk, June 17, 2016

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

Most Viewed (Last 7 Days)

Convicted killer from infamous “Texas 7” prison escape gets execution date

Malaysian court sentences Australian grandmother to death by hanging

Post Mortem – the execution of Edward Earl Johnson

Ohio: Lawyers seek review of death sentence for 23-year-old Clayton man

Texas man on death row for decapitating 3 kids loses appeal

Amnesty International Once Again Highlights Shocking Justice System in Iran

Maria Exposto: Can she avoid execution?

Nebraska seeks July 10 date for state's 1st execution since 1997

Ohio man with execution set for July 18 blames killing on ‘homosexual panic’

In the crosshairs of conscience: John Kitzhaber's death penalty reckoning