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Texas: With a man's execution days away, his victims react with fury or forgiveness

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For the past 3 months, Christopher Anthony Young has awoken in his 10-by-6 foot concrete cell on death row and had to remind himself: He's scheduled to die soon.
As the day crept closer, the thought became more constant for Young, who's sentenced to die for killing Hasmukh "Hash" Patel in 2004.
"What will it feel like to lay on the gurney?" he asks himself. "To feel the needle pierce my vein?"
Mitesh Patel, who was 22 when Young murdered his father, has anxiously anticipated those moments, as well. He wonders how he will feel when he files into the room adjacent to the death chamber and sees Young just feet away through a glass wall.
For years, Patel felt a deep hatred for Young. He wanted to see him die. Patel knew it wouldn't bring his father back. But it was part of the process that started 14 years ago when Young, then 21, gunned down Hash Patel during a robbery at Patel's convenience store on the Southeast Side of San Antonio.
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Citing ‘flawed’ process, Dylann Roof lawyers again fight to toss death penalty

Dylann Roof
Dylann Roof
In another attack on the legality of the death penalty, Dylann Roof’s attorneys said this week capital punishment is so fraught with potential problems it shouldn’t be used in his case.

Roof, 22, has offered to plead guilty and accept a lifetime prison sentence in the June 2015 shooting that killed nine at Charleston’s Emanuel AME Church. But federal prosecutors have pushed forward with the trial, seeking Roof’s execution on some of his 33 charges.

But as time passes, court rulings continue to limit how the death penalty can be applied, and further evidence has emerged showing how unfair it can be, Roof’s lawyers said Monday in a court document. To support their position, the attorneys included in their filing about 2,200 pages of court transcripts, research, news articles and opinion polls on the death penalty.

It’s time to reopen the discussion of whether the punishment is cruel and unusual under the Eighth Amendment, they said.

“The death penalty is unreliable, arbitrary, and so complicated that jurors frequently misapply it,” Sarah Gannett, an Arizona public defender on Roof’s defense team, said in the filing. “In a prosecution as consequential as this one, the court should not (allow) procedures that are proven to be flawed.”

U.S. District Judge Richard Gergel already has reviewed written arguments from prosecutors and defense attorneys on the death penalty’s constitutionality. Monday’s filing supplemented the defense team’s argument. Gergel has not ruled on the issue.

Initial jury selection procedures are scheduled to start Sept. 26 in downtown Charleston. The trial will follow Nov. 7.

Roof, who is white, is charged with hate crimes, religious rights violations and using a firearm in a violent crime. Authorities said he targeted the churchgoers because they were black. He penned manifestos about white supremacy, they said.

He is expected to be convicted when the case is tried, but the most contested portion of the proceeding will come during sentencing. That’s when prosecutors will present evidence of aggravation, such as the targeting of multiple vulnerable people or an intent to incite violence among others. Defense attorneys will highlight mitigating factors, such as any mental defects.

Prosecutors have said that detailed instructions can lead a jury to a fair finding. But Roof’s lawyers said they are concerned that the jurors will not follow the guidelines for weighing those factors.

“Because it cannot be implemented in a manner that avoids arbitrary, capricious and irrevocable results,” Gannett’s filing added, “the (federal death penalty) is unconstitutional and must be stricken as a possible penalty in this case.”

Source: Post and Courier, Andrew Knapp, September 13, 2016

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