FEATURED POST

No Second Chances: What to Do After a Botched Execution

Image
Ohio tried and failed to execute Alva Campbell. The state shouldn't get a second chance.
The pathos and problems of America's death penalty were vividly on display yesterday when Ohio tried and failed to execute Alva Campbell. Immediately after its failure Gov. John Kasich set June 5, 2019, as a new execution date.
This plan for a second execution reveals a glaring inadequacy in the legal standards governing botched executions in the United States.
Campbell was tried and sentenced to die for murdering 18-year-old Charles Dials during a carjacking in 1997. After Campbell exhausted his legal appeals, he was denied clemency by the state parole board and the governor.
By the time the state got around to executing Campbell, he was far from the dangerous criminal of 20 years ago. As is the case with many of America's death-row inmates, the passage of time had inflicted its own punishments.
The inmate Ohio strapped onto the gurney was a 69-year-old man afflicted with serious ailm…

Florida: Emilia Carr resentenced to life in prison

Emilia Carr
Emilia Carr
Emilia Carr was convicted of first-degree murder in 2009 death

Emilia Carr, once Marion County’s only female death row inmate, will now spend the rest of her life in prison.

After an evidentiary hearing May 19, the State declined to seek a new death penalty phase, according to court records, and 5th Judicial Circuit Court Judge Willard Pope resentenced Carr, 32, to life in prison without parole. She has been fighting her death sentence since 2011. There are now only three women on death row in the state of Florida.

A Marion County jury in 2010 found Carr guilty as charged of kidnapping and first-degree murder in the 2009 death of 26-year-old Heather Strong. Carr and her boyfriend, co-defendant Joshua Fulgham, 35, lured his estranged wife, Strong, to a storage trailer in Boardman in north Marion County.

When Carr arrived, Strong tried to leave and a scuffle ensued. Fulgham held Strong down as Carr taped her to a chair. Fulgham then forced Strong to sign a document that gave him custody of their two children.

Carr placed a garbage bag over Strong’s head and Fulgham held it tight and wrapped tape around his wife’s neck. Carr tried twice to break Strong’s neck. Carr said Fulgham then put his hands over Strong’s nose and mouth, and suffocated her.

Strong’s body was found near the trailer four days later.

The jury voted 7-5 to recommend death for Carr. Fulgham was sentenced to life in 2012 with a vote of 8-4.

Carr appealed her sentence, raising several issues including possible errors by the trial judge and the proportionality of the death sentence.

In 2015, the Florida Supreme Court affirmed Carr’s death sentence.

“This case involves a love triangle between the victim, Heather Strong, her estranged husband, Joshua Fulgham, and the defendant, Emilia Carr, that ended when Carr and Fulgham carried out their plan to murder Strong,” the high court wrote in its decision.

Carr restarted the appeal process, claiming ineffective assistance from her lawyer. It was during an evidentiary hearing on this appeal that her fate changed.

Neither the State or defense attorneys were available Tuesday for comment.

Carr’s resentencing comes at a pivotal time for Florida’s death penalty.

After being ruled unconstitutional by the U.S. Supreme Court in January 2016, Florida’s death sentence scheme became a topic of debate and revision. The Florida Supreme Court released an opinion in October 2016 calling for a unanimous jury.

In March of this year, Gov. Rick Scott signed new rules requiring a unanimous jury decision for the death sentence. The Florida Supreme Court is still hammering out final jury instructions for the new death sentence scheme.

Several appeals for resentencings have entered the state Supreme Court’s queue. Of the now seven convicted Marion County murderers on death row, one is arguing for a reduced sentence of life on an intellectual disability claim, two were granted resentencing by the Florida Supreme Court, the other four are still fighting their death sentence with various appeals.

Eight Marion County defendants await sentencing in death penalty-eligible cases. Kelvin Coleman is scheduled to be the first local defendant to put the state’s new death penalty ruling to the test. Jury selection for the penalty phase of his trial starts Aug. 21. Coleman was convicted in October 2016 of two counts of first-degree murder.

Source: ocala.com, Katie Pohlman, June 6, 2017

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Comments

Anonymous said…
no wonder there is no comments. This is censored.

Most Viewed (Last 7 Days)

No Second Chances: What to Do After a Botched Execution

Nevada releases detailed manual on how it plans to execute death row inmate

A Travelling Executioner

Ohio: Alva Campbell execution delayed indefinitely

Iran: Prisoner Hanged in Public

Cruel and Unusual: A Second Failed Execution in Ohio

South Carolina's 1st execution in 6 years set for Dec. 1

Nevada refuses Pfizer demand to return drugs state plans to use in execution

Too Old and Too Sick to Execute? No Such Thing in Ohio.

South Carolina doesn’t have drugs for December execution