Georgia presses US supreme court to overturn Warren Hill’s stay of execution – the Guardian
State claims mentally disabled prisoner is not entitled to a stay, since his arguments have already been rejected in lower courts
The state of Georgia has applied to the US supreme court to overturn a stay of execution for Warren Hill, the intellectually disabled prisoner who came within half an hour of being put to death on Tuesday night.
Georgia’s attorney general has filed a petition with the highest court in the US, arguing that Hill is not entitled to a stay of execution, because of the fact that he has exhausted all legal remedies. The petition states that his lawyer’s argument that the prisoner is “mentally retarded” is not new, and has been rejected by previous courts.
In a riposte to the supreme court, Hill’s attorney Brian Jammer countered that the appeal is indeed based on new evidence – the decision of three doctors to change their testimony that has transformed the case.
It now remains to be seen whether the nine justices of the supreme court wish to become embroiled in this particular challenge. In similar cases, the court has wished to remain above the legal fray, leaving the argument to be fought out by the lower courts.
Georgia has until 26 February to execute Hill, after which deadline it will have to apply for a new death warrant. That may help explain its urgency in trying to overturn the stay.
Full story here.
British woman receives death sentence in Indonesia for drug smuggling
From The Guardian -
Briton Lindsay Sandiford sentenced to death in Indonesia for drug trafficking
Grandmother from Redcar was arrested in May after Bali police said they found £1.6m-worth of cocaine in her suitcase
A British woman has been sentenced to death after attempting to smuggle £1.6m-worth of cocaine into Bali.
Lindsay Sandiford, a 56-year-old grandmother, originally from Redcar in Teesside, was arrested for drug trafficking in May last year after local police said they found almost 5kg of cocaine in the lining of her suitcase.
There were gasps of surprise in Denpasar district court as the sentence was handed down; the prosecution had sought a 15-year prison term, not the death penalty, but the judge ruled that Sandiford’s attempted crime had damaged Bali’s image.
Sandiford wept as judges handed down the sentence, covering her face with a scarf as she left the courtroom to return to prison. She earlier told the court she was forced into taking the drugs into the country by gangsters who were threatening to hurt one of her children, saying “the lives of my children were in danger”.
Full story here.
Stop the Execution of Mark Stroman – from Amnesty International
Mark Stroman is scheduled to be executed on July 20 for killing Indian immigrant Vasudev Patel in a series of shootings of people he believed to be Middle Eastern after the attacks of September 11, 2001.
One of his intended victims, Rais Bhuiyan, survived and opposes the execution.
Join Rais in taking a stand against the perpetuation of the cycle of violence by taking action to stop the execution. Read More »
Chan holding up after failed appeal – from the ABC
By Helen Brown in Bali and staff
Friends of Bali Nine inmate Andrew Chan say he is holding up well after learning his bid for a reprieve from the death penalty has been rejected.
Chan’s girlfriend was one of several shocked visitors to see the Australian this morning.
Chan has been on death row in Bali’s Kerobokan jail for more than five years now.
His girlfriend was too distressed to talk, but Melbourne-based friend Sally Warhaft, who spent three hours with him in the prison’s cramped visitor’s facility, says Chan’s biggest concern is for his family.
“I know his parents and I know how incredibly painful [it is] for Andrew… what they’re going through,” she said.
Full story here.
America Losing The Urge To Kill – from The Age
Simon Mann, Washington
February 12, 2011
Last year, 46 people were executed in America, less than half the number in 1999, the peak year since the US Supreme Court reinstated capital punishment in 1976.
”The death penalty is putting millions [of dollars] into getting one execution per state per year, if that,” says Richard Dieter, of the Death Penalty Information Centre. ”It’s just totally symbolic, totally political and that’s an expensive thing to keep operating just because it plays well in sound bites.”
Full story here.
Judge to examine if executed man was innocent – from the ABC
A Texas judge will consider this week whether a man the state executed in 2004 for killing his three toddlers in a house fire was innocent of the crimes.
If the court exonerates Cameron Todd Willingham, he will be the first person officially declared innocent after being executed in the modern era of US capital punishment.
“This is a watershed case that may break some new ground,” said Richard Dieter, director of the Death Penalty Information Centre.
Full story here.
Rush a mere courier, Keelty tells court (ABC)
By Indonesia correspondent Matt Brown
Former Australian Federal Police (AFP) commissioner Mick Keelty has testified Scott Rush was only a minor player in the drug smuggling ring that landed him on death row in Indonesia.
Rush was one of four Australians among the so-called Bali Nine arrested for trying to smuggle heroin through Denpasar Airport in 2005.
His parents looked on today as Mr Keelty told the court hearing Rush’s final appeal against execution that he was not on the AFP’s radar before that fateful drug run.
“He did not know or understand, in my opinion, what the roles of the other people were,” Mr Keelty said.
“His role was a very minimal one.”
Full article here.
Rush case rekindles memories of past executions – from the ABC
By Matt Brown for Correspondents Report
Bali Nine drug smuggler Scott Rush launched his last court appeal against the death penalty in Bali last week.
His argument rests on the fact he was not a major player in the ring and, therefore, does not deserve to die.
ABC Indonesia correspondent Matt Brown was in the court and found himself thinking about the lives he has seen lost and past court-ordered executions.
Full story at the ABC here.
Scott Rush’s final appeal begins today
Everyone from AACP sends their best wishes to Scott’s family and the families of all those facing execution around the world.
From the ABC:
“Convicted Bali Nine drug smuggler Scott Rush is set to launch his final appeal against a death sentence, as other Australian drug smugglers receive small cuts to their 20-year jail terms.”
Read more.
Kenyan Court Ruling on Death Penalty
Landmark ruling on death penalty
Three judges of appeal on Friday declared the mandatory death sentence for murder unconstitutional.
In a landmark decision, the three upheld a constitutional provision on protection against inhuman treatment and declared section 204 of the Penal Code, which stipulates death as the only sentence for murder, as inconsistent with the Constitution.
But the death penalty will remain lawful until such a time when Kenyans decide to do away with it, the three judges said.
Full story here.
