Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.
Showing posts with label Capital Punishment. Show all posts
Showing posts with label Capital Punishment. Show all posts

Friday, July 23, 2010

Stop the execution of Johnnie Baston on March 10th in Ohio!

Johnnie Baston #A308-174
878 Coitsville- Hubbard Rd
Youngstown, OH 44505



Greetings Governor Strickland,
I am writing to you to express my concerns regarding the scheduled execution for Johnnie Baston on March 10th, 2011. Research shows that the death penalty is ineffective at deterring and reducing crime. All killing is wrong, whether performed by an individual or in the form of state sanctioned executions by the government. The death penalty is unnecessary, as prison accomplishes the same goal (public safety) in a much less violent and invasive manner. The death penalty does not solve or accomplish anything positive and is discriminatory, vengeful, immoral, inhumane, cruel and uncivilized.

The sentencing court considered improper aggravating factors and when determining the appropriateness of the death sentence, failed to consider correct mitigating factors such as: Baston's young age at the time of the crime (age 20) and lack of criminal history, the fact that Baston had an unstable childhood and was viewed favourably by his church youth counselor, his minister and his family.

I urge you, Governor Strickland, to commute Johnnie Baston's death sentence. Another death will neither heal nor resolve this tragedy.

Killer of Toledo store owner gets execution date

by Amulya Raghuveer
Posted: 05.12.2010 at 2:13 PM

TOLEDO, OHIO -- The Ohio Supreme Court has set an execution date for the man who killed a downtown Toledo store owner in 1994.

Johnnie R. Baston, 36, is scheduled to die on March 10, 2011 for the murder of Chong Mah, the owner of Continental Wigs N'Things, on March 21, 1994.   The store owner was found dead inside the business which he owned with his wife.  He was found with a gun shot wound to the back of the head, later determined to have been inflicted from a range of two to three inches.

Baston was arrested days after the murder and was found carrying the gun used in the murder along with stolen merchandise from inside the store.  The then suspect initially confessed to robbing the store owner, but blamed the murder on an accomplice named "Ray".

Just 21-years-old at the time, Baston was found guilty on two counts of aggravated murder and one count of aggravated robbery with a gun specification in Feb. 2005, the same month a panel sentenced the killer to death.

In 2005, Baston was denied appeal of his sentence.  He is scheduled to die via the state of Ohio's lethal injection method.

Johnnie Baston was convicted of the 1994 murder of Chong Mah and sentenced to death.  The sentencing court considered improper aggravating factors and when determining the appropriateness of the death sentence, failed to consider correct mitigating factors such as:
            -Youth and lack of criminal history – Baston was only 20 at the time of the crime
-Improper consideration of victim-impact evidence, especially with the testimony of the victim’s brother allowing the brother to describe him as a “cold-blooded murderer” who showed no remorse
-Baston had an unstable childhood and was viewed favorably by his church youth counselor, his minister, and his family.

We, the undersigned, together with the family and friends of Johnnie Baston, urge Governor Strickland to commute Baston’s death sentence. 

Johnnie Baston was convicted of the 1994 murder of Chong Mah and sentenced to death.  The sentencing court considered improper aggravating factors and when determining the appropriateness of the death sentence, failed to consider correct mitigating factors such as:
    -Youth and lack of criminal history – Baston was only 20 at the time of the crime
-Improper consideration of victim-impact evidence, especially with the testimony of the victim’s brother allowing the brother to describe him as a “cold-blooded murderer” who showed no remorse
-Baston had an unstable childhood and was viewed favorably by his church youth counselor, his minister, and his family.

We deeply sympathize with the family and friends of Loretta Foster, but we respectfully offer that another death will neither heal nor resolve this tragedy.
 
Action petitioned for:  We, the undersigned, are concerned citizens who urge Governor Strickland to commute the sentence of Johnnie Baston to life without parole.

Name and Address: Johnnie Baston #A308-174
878 Coitsville- Hubbard Rd
Youngstown, OH 44505
BIRTHDATE: 02/08/1974
AGE: 36

     
RACE: Black GENDER: Male
HEIGHT: 5'8" WEIGHT: 229
EYE COLOR: Dark Brown HAIR COLOR: Black

     
CONVICTED OF: Aggravated Murder/Aggravated Robbery RELEASE DATE: Death Row
       
AD POSTED: 1/17/2008 AD EXPIRES: 12/31/2011
Description: Seeking: Just Friends, Romance with Women

Dear Ladies, I'm writing this poem in the form of a letter. In search of you, looking for friendship or even something better. Two strangers destined to cross paths; sharing + friendship + caring... you do the math! East Coast, West Coast or even from overseas. I'll welcome all those with kind hearts, writing me. So ladies, grab your pen and paper - you know where I'll be! If you care to write; just use the address next to the picture you see.
    

Stop the execution of Frank Spisak on Feb.17th in Ohio!

Scheduled Execution Date; Feb. 17, 2011


Frank Spisak #175 472
P. O. Box 788
1150 North Main Street
Mansfield, Ohio 44901

Wacky World Of Murder: Frank Spisak
Frank Spisak's neighbours knew him as 'Frankie Ann Spisak.' He was a frizzy-haired transvestite who was looking forward to having a sex-change operation. They didn't know about Spisak's other side, a side that eventually took over his personality. Spisak eventually decided he no longer wanted to be a woman, but instead he wanted to be Hitler. He stopped wearing frocks and make-up, and changed to silly suits, slicked back hair and a toothbrush moustache. I'm not sure which gathered the most amount of laughs, but either way Spisak was serious about this new style.
In February 1982, Spisak launched his first "seek and destroy mission" in which he was attempting to "clean up the city". He walked onto the Cleveland State University and shot a black minister, Rev. Horace Rickerson, in a men's room. The Reverend died.
Four months later he shot another black, John Hardaway, 55, only wounding this one.
During August Spisak struck three times. The first was Timothy Sheehan, 50, also at Cleveland State University. Sheehan was Caucasian but Spisak suspected that he may have been Jewish. He then gunned down 17-year-old Brian Warford, another black, at a bus stop near the campus. His next attack failed, narrowly missing another CSU employee.
Spisak was arrested in September for firing his gun out of his apartment window, but was released on bail. Police then received an anonymous phone call telling them to check the gun, a .22-caliber pistol. The gun was linked to the Warford murder and Spisak admitted to the others.
At the trial Spisak pled insanity, saying that the one-man war was launched under direct orders from God, his "immediate superior." He also blamed his transvestite period on the Jews saying that they "seized control of my mind when I wasn't looking". No one fell for this crap and Spisak was sentenced to death on August 10, 1983.
"Even though this court may pronounce me guilty a thousand times, the higher court of our great Aryan warrior God pronounces me innocent. Heil Hitler!"
- Or so Spisak thought after the trial.
After Spisak was sentenced to death the Social Nationalist Aryan Peoples Party stepped forward to claim him as a dues-paying lieutenant. The party's leader, ex-con Keith Gilbert, announced that Spisak was "acting under direct orders of the party" when he murdered the three victims in Cleveland. The orders, according to Gilbert: "Kill niggers until the last one is dead."
 
Frank Spisak was known to his neighbors on the east side of Cleveland as "Frankie Ann Spisak," a transvestite who looked forward to a possible sex change operation.

When not in drag, Frank worshipped Adolf Hitler, eventually he stopped wearing gowns and high heels and started immatating his idol, going as far as growing a toothbrush mustache and slicking his hair down in a Hitler fashion.

In February 1982, Spisak started a series of "search-and-destroy missions" to "clean-up" the city. He invaded the campus of Cleveland State University, shooting a black minister to death in the mens room. Four months later he wounded another black man. and in August, he started a full-scale rampage. By the end of the month he had killed 50 year old Timothy Sheehan, the assistant superintendent of the buildings and grounds at CSU, and 17 year old Brian Walford, killed near the campus. A third attack failed when he missed a CSU employee. Both the employee and Sheehan were white, but Spisak had thought they were Jews.

In September 1982 he was arrested for firing a gun out his apartment window, and released on bail before an anonymous caller advised police to re-examine his .22 caliber gun. Test bullets matched the slugs retrieved from one of the murders.

Spisak later confessed to other murders, claiming "my aim was pretty good." Pleading insanity at his trial in August 1983, Spisak declared taht his war had been launched under orders from God, his "immediate superior." Jews were to blame for his earlier transvestite episodes, having "seized control of his mind." When asked how his brain was now working he replied "never better."

The Judge asked jurors to disregard Spisak's plea for insanity for lack of evidence. After five hours of deliberation, he was sentenced to death. Frank addressed the court with deviance. "Even though this court may pronounce me guilty a thousand times, the higher court of our great Aryan warrior God pronounces me innocent. Heil Hitler!" Spisak is currently still on death row in Ohio.

Frank Spisak suffers from a schizotypal personality disorder and an atypical psychotic disorder.
Frank Spisak did not get a fair trial:
He had insufficient counsel. Justice Stevens wrote that his “counsel’s argument grossly transgressed the bounds of what constitutionally competent counsel would have done in a similar situation….the argument [Spisak’s defense attorney’s closing argument] shares more in common with a prosecutor’s closing than with a criminal defense attorney’s. Indeed, the argument was so outrageous that it would have rightly subjected a prosecutor to charges of misconduct.”The jury was given sufficient instructions during the sentencing stage about the consequences and possibilities of a sentencing other than the death penalty.

We, the undersigned, together with the family and friends of Frank Spisak, urge Governor Strickland to commute Frank Spisak’s death sentence. 
Frank Spisak suffers from a schizotypal personality disorder and an atypical psychotic disorder.
Frank Spisak did not get a fair trial:
•    He had insufficient counsel. Justice Stevens wrote that his “counsel’s argument grossly transgressed the bounds of what constitutionally competent counsel would have done in a similar situation….the argument [Spisak’s defense attorney’s closing argument] shares more in common with a prosecutor’s closing than with a criminal defense attorney’s. Indeed, the argument was so outrageous that it would have rightly subjected a prosecutor to charges of misconduct.”
•    The jury was given sufficient instructions during the sentencing stage about the consequences and possibilities of a sentencing other than the death penalty.
We deeply sympathize with the family and friends of Rev. Horace Rickerson, Timothy Sheehan, and Brian Warford but we respectfully offer that another death will neither heal nor resolve this tragedy
Action petitioned for:  We, the undersigned, are concerned citizens who urge Governor Strickland to commute the sentence of Frank Spisak to life without parole.

Contact the Ohio governor
Greetings Governor Strickland,
I am writing to you to express my concerns regarding the execution scheduled for Frank Spisak on Feb.17th in Ohio. Frank suffers from schizotypal personality disorder and atypical psychotic disorder. The death penalty to begin with, is inhumane, cruel, immoral, uncivilized and vengeful, but executing a mentally ill individual, is simply barbaric and constitutes cruel and unusual punishment. The death penalty is unnecessary and ineffective. Research has proven that it does not deter or reduce violent crime. It also fails to promote healing or restore peace to the victims' families. You cannot fight death with death. The death penalty does not solve or accomplish anything positive. In addition to Spisak's mental illnesses, he also did not receive adequate legal representation. The jury was also given insufficient instructions during sentencing about the consequences and possibilities of a sentencing other than the death penalty. In these respects, Frank Spisak did not receive a fair trial. That is unacceptable.

I urge you, Governor Strickland, to commute Spisak's death sentence. The death penalty completely denies the possibility or opportunity for rehabilitation, restoration and self-improvement. Frank Spisak could greatly benefit from mental health programming treatment and services. Please help this mentally disordered man and commute his death sentence. 


Triple murderer Spisak set to be executed next February
COLUMBUS, Ohio -- Frank Spisak, the notorious cross-dressing, Hitler-loving triple murderer, is set to be executed on Feb. 17, 2011.
The Ohio Supreme Court on Wednesday set Spisak's execution date. Spisak killed three people and tried to kill two others between February and August of 1982 at Cleveland State University.
He was sentenced to death in 1983 but since then his attorneys have filed a string of a legal challenges that have repeatedly delayed the execution.
Two of those challenges reached all the way up to the U.S. Supreme Court.
Spisak's current attorneys have argued that their client received poor legal advice from his previous legal team during his trial nearly three decades ago. And the sanity of Spisak, an admitted racist who hated black and Jewish people and liked to cross-dress and refer to himself as Frances Anne Spisak, was also at question.
frank spisak 2.jpg
Frank Spisak testifies in his own defense in Cuyahoga County Common Pleas court In on July 5, 1983.

The U.S. Supreme Court in January overturned a ruling by federal appellate court judges and reinstated Spisak's death sentence. The high court said the totality of Spisak's actions, not his bizarre behavior at trial -- which his attorneys said warranted a new trial -- gave the jury ample reason to convict him and recommend the death sentence.
Spisak killed the Rev. Horace Rickerson; Cleveland State University student Brian Warford; and Timothy Sheehan, CSU's assistant superintendent for buildings and grounds.


Thursday, July 22, 2010

Roderick Davie denied clemency

The state Parole Board recommended Thursday that Gov. Ted Strickland deny clemency for convicted murder Roderick Davie.
Davie is set to be executed next month for the murders of John Coleman and Tracy Jeffreys at the VCA Warehouse on Main Avenue in Warren on June 27, 1991. A third person was wounded and survived.
Davie had a hearing before the board last week on clemency, but he offered no testimony or defense. He is set to be executed Aug. 10.
Strickland can either reject the board's recommendation or uphold it.

COLUMBUS, Ohio — The Ohio Parole Board has rejected mercy for a condemned inmate who fatally shot two former co-workers and tried to kill a third.
The eight-member board voted unanimously Thursday to recommend that Gov. Ted Strickland deny clemency to Roderick Davie, scheduled to be executed next month.
The 38-year-old Davie was sentenced to die for the 1991 killings of John Coleman and Tracey Jeffreys, employees at a Warren distribution plant where Davie worked before being fired.
A third employee of the plant, William Everett, was shot by Davie but survived.
A clemency hearing is automatic in Ohio, but Davie did not request mercy or present any information to the board.
The panel cited the savagery of the crimes, the evidence that convicted Davie and his failure to request clemency.




Stop the execution of Billy Irick in Tennessee on December 7th!

Name: Billy Irick
DOB: 08/26/1958
Offense: Murder 1
Offense date: April 30, 1985
County of conviction: Knox
Sentence date: Dec. 3, 1986 

His attorney says he is incompetant to be executed because he has a mental illness. 
NASHVILLE — The state Supreme Court has set a Dec. 7 execution date for Billy Ray Irick.
Irick was convicted of raping and killing a 7-year-old Knoxville girl he had been baby-sitting in 1985.
The court rejected an appeal from Irick's attorneys to issue a certificate of commutation. They had argued he was insane at the time of the crime.
In support, they introduced affidavits from the victim's stepfamily recounting Irick's bizarre behavior in the days before the slaying. That includes Irick chasing a girl he did not know down the street with a machete because he "didn't like her looks" and telling people he was "taking instructions from the devil."
While setting an execution date, the court also ordered a hearing in the Knox County Criminal Court to determine whether Irick is competent to be executed. Those proceedings must conclude within 55 days.

Date of Crime: 30th April 1985
Appeal Status: Re-sentencing hearing granted in May 2009
Billy Irick was sentenced to death for the rape and murder of seven year old Paula Dyer.
In 2008 a motioned was filed for the overturning of the sentence, in May 2009, council argued and the court granted a rehearing of the sentencing phase. 

NASHVILLE, Tenn. (AP) — The state Supreme Court has set a Dec. 7 execution date for Billy Ray Irick (EYE'-rik).

Irick was convicted of raping and killing a 7-year-old Knoxville girl he had been baby-sitting in 1985.


The court rejected an appeal from Irick's attorneys to issue a certificate of commutation. They had argued he was insane at the time of the crime.

In support, they introduced affidavits from the victim's stepfamily recounting Irick's bizarre behavior in the days before the slaying. That includes Irick chasing a girl he did not know down the street with a machete because he "didn't like her looks" and telling people he was "taking instructions from the devil."

While setting an execution date, the court also ordered a hearing in the Knox County Criminal Court to determine whether Irick is competent to be executed. Those proceedings must conclude within 55 days.

For the second time this week, a man on death-row is asking the state supreme court to commute his death sentence, after the state tried to set a date for his execution.

Billy Ray Irick’s defense says he was insane at the time of the 1985 rape and murder of a seven-year-old girl. And they say his mental illness should preclude him from facing the death penalty.
Irick’s is one of two executions the state has tried to set a date for this month, and earlier this week Stephen Michael West also asked the supreme court for commutation.
-
The state currently has one execution date already set – that of Gaile Owens this September. You can read more about Owens’ case, along with a timeline of Tennessee executions over the last decade, at this link.

Stop the execution of Stephen Michael West on Nov.9th in Tennessee!

NASHVILLE (AP) - The state has set a Nov. 9 execution date for Stephen Michael West.
He was convicted in 1987 of kidnapping and fatally stabbing Wanda Romines and her 15-year-old daughter, Sheila Romines, in Union County. West was also convicted of raping the teenager.
The U.S. Supreme Court in March refused to review the case.
West's attorneys had argued that the state high court should modify West's sentence or issue a certificate of commutation. They say the jury never heard a confession by another man that he was the person who killed the two women.
They also say West's trial attorneys didn't investigate the severe childhood abuse he suffered that should have been presented at sentencing.
And they argue that West should not be executed because he is severely mentally ill.
The state Supreme Court rejected those arguments.


Stop the execution of Larry Wooten on October 21st in Texas!

Larry W. Wooten #999269
Polunsky Unit D.R.
3872 FM 350 South
Livingston -  Texas  77351
U.S.A.
Hallo, how are you doing on this wonderful day?
My name is Mr. Larry W. Wooten. My age is 45 and birthday is December 10, 1958. I am a black man my height is 5 feet 5 inch tall. I am on death row. I have been on the row for 6 years. I would like to find a pen pal.
Would like to write to women colour do not matter. I do not have family. Help me in here. I hope I could find someone to talk to. I don’t want to write to a woman that is already writing to someone on death row. I am a down to earth person, open minded, love to love and would love to love a under woman. I am a Christian.
Thank you
Larry Wooten

August, 2004  
....It’s said that many strive to take all they can from life. That’s epitomized by my current circumstances in life. It’s also said that it’s best to give all to life. That’s epitomized by compassion, love and friendship. Giving the best I can to life is something I strive daily to achieve although I am confined within the “halls of death”. Because ones body is simply a visible part of one’s soul. A very small and insignificant aspect that’s merely able to reach so far in the complete realm of life, where we truly exist; Mind, spirit and soul is what should matter; sadly this isn’t apparent to those whom cage my body. However I realize that with compassion, love and friendship they will be awaken, just as I am. Once they are, they’ll understand why and how day after day and year after year I open my eyes in a steal and concrete world and smile. Something that may appear so simple is what has kept me going while facing great adversity. And it’s what I would love to share with the world. I would greatly love if you, whoever you are, would allow us to share this small but great aspect of life. This experience would be cherishable for the both of us… do you agree? If so, take a moment to write me and allow us the opportunity of our lifetime…
 
Thank you and be blessed!
 
Mr. Larry W. Wooten #999269
Polunsky Unit 3872
F.M. 350 South
Livingston, Texas 77351
U.S.A.

On September 3, 1996, Wooten murdered an 80-year-old man and his 86-year-old wife. Wooten stabbed the victims and cut their throats. Also, the woman was beaten with a pistol with such force that the grips and portions of the trigger mechanism of the pistol broke off. Wooten then robbed the couple of around $600 in cash. 

June 29, 2010
Convicted killer Larry Wayne Wooten has been scheduled for execution Thursday, Oct. 21, for the deaths of an elderly Paris couple.

Wooten is scheduled to die sometime after 6 p.m. Oct. 21 at the Texas Department of Criminal Justice Institutional Division in Huntsville.

Wooten has been on death row since 1998 and has been denied throughout the appeals process, the latest denial coming in the federal court in Houston, where Wooten had appealed on the claim he would not have turned down a plea bargain if he had known about additional DNA evidence that didn’t become available until late in his trial.

Wooten was convicted of the double slaying 13 years ago.

The late DNA evidence strengthened the case against Wooten, and a Lamar County jury convicted him of the 1996 murders of 80-year-old Grady Alexander and his 86-year-old wife, Bessie. Both were beaten, stabbed, had their throats cut and were robbed of approximately $500.

Troy Alexander discovered the bodies of his elderly parents in their Paris home in 1996.

Wooten had done odd jobs for the Alexanders. His blood was found at the crime scene, and a pair of his pants with Grady Alexander’s blood was found near an area where Wooten had bought drugs shortly after the murders occurred.

Wooten was convicted in May 1998. That conviction and sentence were affirmed by the Texas Court of Criminal Appeals in January 2002, and his petition to the Supreme Court of the United States for a writ of certiorari was denied in October 2002.

In January 2004, the Texas Court of Criminal Appeals dismissed all of Wooten’s claims for relief except one in which he claimed he could not be executed because he was mentally retarded.

That claim was returned to the trial court, where Wooten was determined not to be mentally retarded.

Wooten then made 15 claims, from failure to provide discovery of scientific evidence against him in a timely manner to a claim his execution would constitute cruel and unusual punishment.

The appeals court denied five of his claims on the merits and 10 others with prejudice because those claims were “procedurally defaulted” in state court and are therefore barred from federal review.

The order setting execution for Wooten was signed Monday by 6th District Judge Eric Clifford.

Former Lamar County Attorney Kerrye Ashmore, who prosecuted Wooten, then carried the death warrant to Lamar County Sheriff B.J. McCoy, whose department must then serve Wooten with the death warrant on Texas Death Row in Huntsville.

Greetings Governor Perry,
I am writing to you to express my concerns regarding the execution scheduled for Larry Wooten on October 21st. I believe that the death penalty is ineffective and fails to solve or accomplish anything positive. It does not promote healing or restore peace to the victims' family and only creates more innocent victims. The death penalty is inhumane, uncivilized, racially biased and vengeful. Justice is not advanced in the taking of a human life. That is revenge. The death penalty also completely denies the possibility and opportunity for rehabilitation and self-improvement. Prison could accomplish public safety, yet still allow for improvement. Therefore, I strongly urge you to consider commuting the death sentence of Larry Wooten to life imprisonment. Thank you for your attention to this matter. 


 


Stop the execution of Sidney Cornwell on Nov. 16th in Ohio!

Sidney Cornwell was sentenced to death for the gang related murder of three year old Jessica Ballew.
Sidney Cornwell did not receive a fair trial:
-The jury had members prejudiced for the death penalty. The court set an arbitrary time limit on voir dire that disrupted the jury selection process and undermined constitutional safeguards.
-The murder weapon was never found and there is no physical evidence linking Sidney Cornwell to the crime.
-The most crucial testimony came from Cornwell’s accomplices who gave this testimony in exchange for favorable treatment by the prosecutor.
-Sidney Cornwell was the denied the effective assistance of counsel before trial, during voir dire, and when counsel failed to object to the instruction on complicity.The mitigating factors of Sidney Cornwell’s life outweigh the aggravating circumstances
 ***According to psychologist James Eisenberg no one was around to give Cornwell the discipline, structure, support, and affection he needed on a continuing basis, raised in an unstable abusive family. The gang gave Cornwell the kind of discipline, structure, and support that he did not receive from an effective male role model. Cornwell’s intellectual ability at the time of the crime was close to that of a thirteen year old.

We, the undersigned, together with the family and friends of Sidney Cornwell, urge Governor Strickland to commute Sidney Cornwell’s death sentence. 
Sidney Cornwell was sentenced to death for the gang related murder of three year old Jessica Ballew.
Sidney Cornwell did not receive a fair trial:
•    The jury had members prejudiced for the death penalty. The court set an arbitrary time limit on voir dire that disrupted the jury selection process and undermined constitutional safeguards.
•    The murder weapon was never found and there is no physical evidence linking Sidney Cornwell to the crime.
•    The most crucial testimony came from Cornwell’s accomplices who gave this testimony in exchange for favorable treatment by the prosecutor.
•    Sidney Cornwell was the denied the effective assistance of counsel before trial, during voir dire, and when counsel failed to object to the instruction on complicity.
•    The mitigating factors of Sidney Cornwell’s life outweigh the aggravating circumstances
    -According to psychologist James Eisenberg no one was around to give Cornwell the discipline,structure, support, and affection he needed on a continuing basis, raised in an unstable abusive family. The gang gave Cornwell the kind of discipline, structure, and support that he did not receive from an effective male role model. Cornwell’s intellectual ability at the time of the crime was close to that of a thirteen year old.

We deeply sympathize with the family and friends of Jessica Ballew, but we respectfully offer that another death will neither heal nor resolve this tragedy

Action petitioned for:  We, the undersigned, are concerned citizens who urge Governor Strickland to commute the sentence of Sidney Cornwell to life without parole.

Contact Ohio Governor Ted Strickland
Greetings Governor Strickland,
I am writing to you to express my concerns regarding the scheduled execution of Sidney Cornwell on November 16th. Cornwell did not receive a fair trial. The jury had members who were prejudiced for the death penalty. That is highly biased. The murder weapon was never found and there is no physical evidence linking Cornwell to the crime. Cornwell's accomplices' gave crucial testimony in exchange for favourable treatment by the prosecutor. The mitigating circumstances of this man's life outweigh the aggravating circumstances. He was raised in an unstable and abusive family, with little support and affection. Cornwell's intellectual ability at the time of the crime was close to that of a 13 year old.

I strongly urge you to commute Cornwell's death sentence to one of life imprisonment. Fighting death with death is ineffective and executing this man will not promote healing or restore peace to the victims' family. Prison could accomplish public safety in a non-violent manner. This man has turned his life around and has become a follower of God. He is not the same person now as he was when he committed this crime. The death penalty completely denies any possibility or opportunity for rehabilitation and self-improvement and that is cruel, inhumane, immoral, uncivilized and vengeful. The DP is also discriminatory and racially biased as this man is black. The DP does not solve or accomplish anything positive.  


Scheduled Execution Date;
November 16, 2010

Sidney Cornwell #340-473
878 Coitsville - Hubbard Rd
Youngstown, OH 44505

The recitation of the facts contained in this opinion are adopted verbatim
from those recited by Justice Pfeifer in State v. Cornwell (1999), 86 Ohio St.3d 560.
During the early morning hours of June 11, 1996, defendant-appellant, Sidney
Cornwell, and some associates who belonged to a neighborhood gang in Youngstown
drove up to an apartment building on Oak Park Lane with the intention of shooting a
rival gang member. When the intended victim was not seen, Cornwell opened fire on
the occupants of an apartment, killing a three-year-old child and wounding three
adults. Cornwell was subsequently convicted of aggravated murder and attempted
aggravated murder, and sentenced to death. On the afternoon of the previous day, Cornwell and other members or
associates of the “Crips” gang had been involved in a shootout with members of the
“Bloods” gang on Elm Street at New York Avenue in Youngstown. One of the
associates of the Crips, Edward McGaha, was grazed on the head by a bullet during
the gunfire exchange. McGaha saw Richard “Boom” Miles, a member of the Bloods,
and Michael Williams leave the scene, but did not see either of them shooting. During
the shootout, McGaha saw Cornwell using a black gun. Police later recovered six 9-
mm Luger shell casings from the shooting scene at the corner of New York Avenue
and Elm Street. Later that afternoon, McGaha was released from the hospital and went
to his mother’s home on Elm Street. While he was standing outside in front of the
house with several people, including Cornwell, a carload of Bloods jumped out and
opened fire on them. According to McGaha, Cornwell returned gunfire with the same
black semiautomatic weapon he had used at the earlier shootout. Shortly thereafter, McGaha, Cornwell, and others gathered at a New
York Avenue house where a man named “Heavy” lived. Also present at Heavy’s
house were Gary Drayton, Leslie Johnson, Edward Bunkley, and Denicholas
Stoutmire. The talk among the group centered on retaliation for the earlier shooting of
McGaha. The plan of action was to kill Boom Miles. Although McGaha later admitted
on cross-examination that he knew that Boom was not the person who had shot him,
he went along with the plan to seek out and kill Boom. That night, Bunkley and Stoutmire stole two vehicles, a Buick and a
Pontiac Bonneville, in order to facilitate the group’s search for Boom. During this time,
the rest of the group remained at Heavy’s place, drinking and smoking marijuana.
When Bunkley and Stoutmire returned to Heavy’s with the stolen cars, the group
(minus Heavy) went out to search for Boom around Youngstown. By this time Antwan
Jones and Damian Williams had joined the group. The group used a third car, a
Chevette belonging to a friend. Stoutmire drove the stolen blue Bonneville while Williams rode with him
in the front passenger seat. Johnson sat in the back seat behind Williams, and
Cornwell sat in the driver side back seat behind Stoutmire. According to one witness,
the only people carrying weapons in the Bonneville were Williams, who had a .45
automatic pistol, and Cornwell, who had a semiautomatic 9-mm black gun. However,
Bunkley testified that the other two passengers in the Bonneville also had weapons.
Nevertheless, Bunkley did corroborate several witnesses’ testimony that Cornwell was
carrying a 9-mm weapon.

Prosecutors have asked the Ohio Supreme Court to set an execution date for a Youngstown man convicted in the 1996 gang-related killing a 3-year-old Youngstown girl.

Mahoning County Prosecutor Paul Gains and Assistant Prosecutor Ralph Rivera filed paperwork last month in the case against Sidney Cornwell, who has been on death row since May 1997.

According to documents, Cornwell and other members of a neighborhood gang drove up to an apartment on Oak Park Lane intending to shoot a rival gang member in retaliation for an earlier incident.

After learning that the intended victim was not at the residence, Cornwell opened fire, killing a young girl, Jessica Ballew, and wounding three adults, court documents say.

Prosecutors noted that Cornwell has exhausted all state and federal appeals. They asked for a death warrant setting an execution date “without further delay.”

They added, “The family of Jessica Lynn Ballew and the citizens of Mahoning County await justice. They are surely entitled to closure.”

Public defenders have not yet filed a response.

The next Valley person scheduled for execution is Roderick Davie, who killed three people in Warren in 1991. Davie is scheduled for lethal injection Aug. 10 at the Southern Ohio Correctional Facility. 

Name and Address: Sydney Cornwell #340-473
OSP D-5/14
878 Coitsville - Hubbard Rd
Youngstown, OH 44505
BIRTHDATE: 04/22/1977
AGE: 33

RACE: Black GENDER: Male
HEIGHT: 6'0" WEIGHT: 305
EYE COLOR: Brown HAIR COLOR: Black

CONVICTED OF: Murder RELEASE DATE: Death Row
AD POSTED: 10/12/2007 AD EXPIRES: 12/31/2011
Description:

Hello, my name is Syd, I been locked up since the age of 19. I'm 30 now. Before I turned my life over to God I was a member of a street gang, but I'm no longer involved in that way of life. I'm looking to surround myself with God fearing friends. Or anyone who is living life in a positive manner. I'm not looking for a relationship, but I wouldn't run from it either. I truly just want someone to appreciate me! And if you're looking for that loyal, true friend, without the games, write me...


Stop the execution of Gayland Bradford on October 14th in Texas!

Facts of the Crime:

Gayland Bradford was convicted of the shooting death of 29-year-old Brian Williams during a robbery of a food store in Dallas on Dec 29, 1988. Williams was shot four times with a handgun and later died of his wounds. Bradford stole a .357 revolver, a cap and the victim's wallet before fleeing the store. He was arrested on January 3, 1989, and later gave police a voluntary statement.
Sentenced to Death 2/90.

Gayland Bradford was convicted of the shooting death of 29-year-old Brian Williams during a robbery of a food store in Dallas. Williams was shot four times with a handgun and later died of his wounds. Bradford stole a .357 revolver, a cap and the victim's wallet before fleeing the store. He was arrested on January 3, 1989, and later gave police a voluntary statement. 

Date : September 29, 1999   Time:  2:40 Pm   Place:  Solitary     Reason:  Friendship.  Hello.  How are you doing ?  I hope that you are in good health and spirits and content with life.  As for myself I'm in search of a pen friend.  I would just like to receive a pen friend between the ages of 25 and beyond if possible. I will attempt to enlighten you about myself.  I'm 31 years of age, born July 18, 1968.  I'm from Dallas, Texas.  I am an African American with a bald head and a trimmed mustache with brown eyes, 5'10" inches tall, 220 pounds in good shape, very athletic.  I love sports, riding horses, and meeting new people of different cultures and I'm fascinated with the many many languages of the world.  I can't speak them but I love to hear them.  I have been locked down for 10 years and 8 months I have been on death row for 9 years and 7 months ... Please pass this on to someone who wouldn't mind corresponding with me.  Take care and may God bless you.  In search of a friend,
Gayland C Bradford 999966
Polunsky Unit D.R.
3872 FM 350 South
Livingston Texas
77351 USA

20 years after his trial, a Dallas County man convicted in the 1988 shooting
death of a convenience store security guard
has been given an execution date.

Gayland Charles Bradford, now 41, was sentenced to death in 1990 for the slaying
of Brian Edward Williams at Angelo's Food Store in Dallas. He's scheduled to die
by lethal injection the evening of Oct. 14, 2010.


The store's video surveillance system caught the murder on tape. It showed
Bradford calmly walking into the store and shooting Williams in the back. After
Williams fell to the floor, the video showed Bradford bending over him and
shooting him three more times.

Bradford stole a .357 revolver, a cap and Williams' wallet before fleeting the
store, according to Texas Department of Criminal Justice documents.

The gunman's girlfriend testified during the trial that the then 20 year old
bragged about the incident.

At the time of the murder, Bradford was on parole for a robbery conviction in
Dallas County. He was sentenced to four years in prison, but was let out two
years early—just eight months before the homicide, TDCJ records show.

12 Texans have been executed in 2010. Bradford will be the 7th North Texas-area
offender to die by lethal injection this year. Besides Bradford, five more
offenders are currently scheduled for execution this year.

Name: Gayland Charles Bradford
DOB: July 18, 1968
County: Dallas
Date of Offense: Dec. 29, 1988
Age at time of offense: 20
Race: Black
Prior Occupation: Stocker/Laborer
Education level: 8 years
Prior Prison Record: Robbery, 4 years, paroled April 12, 1988
Convicted in the shooting death of 29 year old Brian Edward Williams during a robbery of Angelo's Food Store in Dallas. Williams was shot 4 times with a handgun and later died of his wounds at a Dallas hospital. Bradford stole a revolver, a cap, and Williams' wallet before fleeing the store. He was arrested on Jan. 3, 1989 and later gave police a voluntary statement. 

Race of victim: White male

Greetings Governor Perry,
I am writing to you to express my concerns regarding the execution of Gayland Bradford, scheduled for October 14th in Texas. There is no doubt that this man committed a murder, but I do not believe that the death penalty will solve or accomplish anything positive. The death penalty has been proven in many research studies to fail at reducing and deterring violent crime. Fighting death with death is ineffective and demonstrates the wrong message to citizens. It condones violence and death and revenge, which is unacceptable. The death penalty is inhumane, cruel, vengeful, discriminatory, and uncivilized. Executing this man will only create more innocent victims- his family members. In addition, executions do not promote healing or restore peace to victims' families. The death penalty is also racially biased, as black individuals who have white victims, such as Bradford, are much more likely to receive the death penalty. That is unjust. I urge you to please commute Bradford's death sentence to life imprisonment. Bradford also has a grade 8 education level, which is low. This man could benefit from further education and the death penalty completely denies the possibility or opportunity for rehabilitation and self-improvement. Thank you for your attention to this urgent matter. 



Protest the execution of Michael Benge on October 6th in Ohio!

Michael is repentant and takes responsibility for the murder of Judith Gabbard, but still maintains his innocence in regard to the robbery that the prosecution alleged in order to make him death penalty eligible. 
There were improper jury instructions which precluded the jury from hearing Michael’s defense. In fact, Judge Martin, of the 6th Circuit believes Michael should be granted a new trial for this reason. Michael’s trial attorney had a conflict of interest that severely hampered Michael’s defense.
                  -Appellate counsel discovered an undisclosed deal for the states number one witness, but failed to raise it in Michael’s appeals. The prosecutor misled the jury, saying “no deals were made!”

We, the undersigned, together with the family and friends of Michael Benge, urge Governor Strickland to commute Michael Benge’s death sentence. 

Michael is repentant and takes responsibility for the murder of Judith Gabbard, but still maintains his innocence in regard to the robbery that the prosecution alleged in order to make him death penalty eligible.

•    There were improper jury instructions which precluded the jury from hearing Michael’s defense. In fact, Judge Martin, of the 6th Circuit believes Michael should be granted a new trial for this reason.
•    Michael’s trial attorney had a conflict of interest that severely hampered Michael’s defense.
        -Appellate counsel discovered an undisclosed deal for the states number one witness, but failed to raise it in Michael’s appeals. The prosecutor misled the jury, saying “no deals were made!”

We deeply sympathize with the family and friends of Judith Gabbard, but we respectfully offer that another death will neither heal nor resolve this tragedy
Action petitioned for:  We, the undersigned, are concerned citizens who urge Governor Strickland to commute the sentence of Michael Benge to life without parole.

Michael Benge 276 821
Ohio State Penitentiary
878 Coitsville-Hubbard Road
Youngstown Ohio 44505
Race: C
County: Butler
Scheduled Execution Date; October 6, 2010

Victims: Judith Gabbard


The Crime: Benge was sentenced to death for the 1993 killing of his girlfriend, Judith Gabbard, on the west side of the Miami River in Hamilton in southwest Ohio.

Benge beat Gabbard with a metal pipe several times during an argument, threw her body in the river, then used Gabbard's ATM card to withdraw $400 from her bank account.

The only aggravating factor was an ATM card

Benge asks whether an attorney in a capital case was constitutionally ineffective for failing to object to flawed jury instructions. As in Van, the majority concludes that the defendant was not prejudiced. Judge Martin dissents, using the case as another opportunity to criticize the death penalty as arbitrary. Here, the only aggravating factor in the underlying murder was that Benge stole the victim’s ATM card while killing her. 

Benge is out of Butler County.
Judge Martin dissented on the ground that Benge received ineffective assistance of counsel at trial because his counsel failed to object to an incorrect jury instruction. The instruction prevented the jury from considering Benge’s defense of voluntary manslaughter until the jury acquitted Benge of aggravated murder.

Prosecutor Piper announces today that Butler County murderer, Michael Benge has been scheduled for execution on October 6, 2010.
In the early morning hours of February 1, 1993, Judith Gabbard’s car was found abandoned on the west side of the Great Miami River in a field near the city’s water treatment plant. After the car was towed in, smears of blood and blood spatters were observed on the car. Hamilton Police were called in and a search revealed the body of Judith Gabbard in the Great Miami River. A thirty-five pound piece of concrete had been placed on her head and chest area in an apparent effort to sink and conceal the body.
Judy Gabbard had been struck nearly a dozen times with a tire iron, leaving severe gashes about her head and face. Benge told witnesses that he and his girlfriend had "gotten into it" earlier, that it "blew over." Later he indicated that she was fighting with him and had tried to run him over with the car.
Despite the execution date, the Ohio Parole Board will still consider Benge’s application for clemency. All applications are reviewed and examined by the Board to determine the propriety of clemency, with a recommendation being forwarded to the Governor. Executive clemency can only be granted by the Governor. Most likely, Benge’s attorneys will be attempting to have the Governor lift the death sentence, and instead grant life in prison. The death penalty was given by a jury and independently reviewed by the Court. Benge has exhausted all of his state and federal appeals.
Prosecutor Piper, the prosecutor who tried the case, stated, “Benge lied to the police, lied to the jury, and is now attempting to mislead the Clemency Board by acting remorseful. He deserved the death penalty then and he deserves it now. Judy Gabbard was a beautiful, hard-working woman who would be with her family to this day, if not for the cold-blooded, very violent, brutality that Benge used to steal her life. I’ll fight the clemency proceedings tooth-and-nail, and if anyone saw what he did to Judy, they would understand why.” 

HAMILTON — The Ohio Supreme Court has set a fall execution date for a Hamilton man convicted of beating his girlfriend to death and throwing her body in the Great Miami River, weighing it down with concrete.
Michael Benge. 48, formerly of South C Street, is scheduled to die on Oct. 6 for the 1993 slaying of Judy Gabbard, although appeals for clemency will continue.
Despite the execution date set this morning, Feb. 19, the Ohio Parole Board will still consider Benge’s application for clemency, according to Butler County Prosecutor Robin Piper, who worked the case.
All applications are reviewed and examined by the board to determine the propriety of clemency, with a recommendation being forwarded to the governor. Executive clemency can be granted only by the governor.
Most likely, Piper said, Benge’s attorneys will be attempting to have Gov. Ted Strickland lift the death sentence, and instead grant life in prison. Benge has exhausted all of his state and federal appeals.
“Benge lied to the police, lied to the jury, and is now attempting to mislead the clemency board by acting remorseful. He deserved the death penalty then and he deserves it now,” Piper said in a prepared statement. “Judy Gabbard was a beautiful, hard-working woman who would be with her family to this day, if not for the cold-blooded, very violent, brutality that Benge used to steal her life. I’ll fight the clemency proceedings tooth-and-nail, and if anyone saw what he did to Judy, they would understand why.”
According to the facts of the case, in the early morning hours of Feb. 1, 1993, Gabbard’s car was found abandoned on the west side of the Great Miami River in a field near the city’s water treatment plant.
After the car was towed, smears of blood and blood spatters were observed on the car. A search by Hamilton police turned up Gabbard’s body in the river. A 35-pound hunk of concrete had been placed on her head and chest area in an apparent effort to sink and conceal the body.
Piper said Gabbard had been struck nearly a dozen times with a tire iron, leaving severe gashes about her head and face.
Benge told witnesses that he and his girlfriend had “gotten into it” earlier, and that it “blew over.” Later, he indicated that she was fighting with him and had tried to run him over with the car.

Contact Ohio Governor Ted Strickland
Dear Governor Strickland,
I am writing to you to express my concerns regarding the scheduled execution of Michael Benge on October 6th. This man is repentant and takes responsibility for the murder but maintains his innocence regarding the robbery which the prosecution alleged in order to make him eligible for the death penalty. There were also improper jury instructions, and Benge should be granted a new trial for this reason. Fighting death with more death, is ineffective at reducing and deterring violent crime. This has been proven in research. The death penalty is vengeful, inhumane, cruel, immoral and uncivilized. Justice is not advanced in the taking of a human life. Another death will not promote healing for the victims' family or restore them to peace. 

I urge you to commute Michael Benge's death sentence to life imprisonment.



Wednesday, July 21, 2010

Stop the Execution of Bryan Sean Galvin scheduled for August 24th in PA!

Facts of the Crime:

Sentenced to death  9/6/07. He shot his friend Kristofer Kolesnik in the head in Reading, wrapped the body in a tarp and tried to transport the corpse in a van in January 2006.

2007
Bryan S. Galvin broke his silence Thursday in Berks County Court when he told a judge that he should not die for the January 2006 slaying of his friend.

“The jury convicted me of first-degree murder, but I don’t deserve to die,” Galvin said before Judge Paul M. Yatron formally imposed the death sentence.

“I want to thank my friends and family for their love and support,” Galvin said.

Galvin did not testify during his trial, which concluded Aug. 13 when a Luzerne County jury imposed the death sentence.

The same jury had convicted Galvin, 42, of the 300 block of South 18th Street of first-degree murder for the killing of Kristofer Kolesnik, 32, of 21 S. 11th St.

Galvin told his lawyers, Chief Public Defender Glenn D. Welsh and Assistant Public Defender Timothy Biltcliff, not to present evidence during the penalty phase of the trial to convince the jury to spare his life.

Death penalty cases are automatically appealed to the state Supreme Court.

“Bryan Galvin is a poster child for the death penalty,” District Attorney Mark C. Baldwin said. “I am confident that one day a governor will sign a death warrant for Bryan Galvin.”

Kolesnik’s girlfriend, Wendy Hess of Reading, wept as she told the judge that Kolesnik’s life should never have been taken.

“Justice needs to be served,” Hess said. “His life was taken for no reason.”

Yatron noted that there are few executions in Pennsylvania.

“We have had about three death sentences carried out in 30 years,” he said.

The last execution in Pennsylvania occurred July 6, 1999, when Gary Heidnick received a lethal injection for killing two women he had imprisoned in his Philadelphia home.

In the Galvin trial, witnesses testified Galvin shot Kolesnik in the head Jan. 30, 2006, then wrapped the body in a tarp and put it in a van.

Galvin was on his way to dump the body in a remote area when police stopped him in Kenhorst for driving at night without headlights.

During the trial, Baldwin was not permitted to tell the jury that Galvin was accused of killing a friend, Todd Heck, in 1991.

After three trials, Galvin was acquitted in May 1999. By then, he had already served eight years in prison.

Galvin was sentenced July 13, 1983, to four to 16 years in state prison after he was convicted of a robbing and assaulting a 73-year-old Reading woman who suffered broken bones in her face.

In the recent trial, the jury was bused daily from Wilkes-Barre because of extensive pretrial publicity in Berks.

June 26, 2010
Gov. Ed Rendell signed an execution warrant Friday for former city resident Bryan S. Galvin.

Galvin, 45, is scheduled to die by lethal injection Aug. 24 for the Jan. 30, 2006, slaying of his friend, Kristofer Kolesnik.

Kolesnik, 32, of 21 S. 11th St., died of a gunshot wound to the head.

Cumru Township police found his body in the back of a van Galvin was driving when they pulled the van over on New Holland Road at 3 a.m. because its lights were off.

Police said that Kolesnik's body was wrapped in a bloody comforter and that Galvin was on his way to a remote area to burn it.

Galvin, formerly of the 300 block of South 18th Street, was convicted of first-degree murder in Berks County Court in 2007. His jury was selected in Luzerne County because of extensive pretrial publicity here.

Former District Attorney Mark C. Baldwin sought the death penalty because of Galvin's history of violent crimes.

At his formal sentencing a month later, Galvin told the judge, "The jury convicted me of first-degree murder, but I don't deserve to die."
Galvin is currently is incarcerated at the State Correctional Institution at Greene, which is in Greene County in the southwestern corner of Pennsylvania.

Rendell also signed execution warrants Friday for three other inmates: James W. VanDivner, 61, of Fayette County; Anthony Fletcher, 54, of Philadelphia; and Dennis L. Miller, 47, of Chester County.

VanDivner was convicted of a 2004 fatal shooting in 2004. Fletcher was convicted of first-degree murder in a 1992 fatal shooting. Miller was convicted of raping and fatally stabbing his wife in 1995.

Rendell has signed 108 execution warrants while in office.

Greetings Governor Rendell, 
I am writing to you to express my concerns regarding the scheduled execution of Bryan Sean Galvin on August 24th. I believe that the death penalty is always inhumane, cruel, immoral, uncivilized and vengeful. Justice is not advanced in the taking of a human life. The death penalty is expensive and ineffective at deterring, preventing and reducing violent crimes. Therefore, I urge you to commute the death sentence of Galvin to life imprisonment.

Stop the execution of Dennis Miller on August 19th in PA!

Facts of the Crime:

Sentence of death imposed following his convictions for 1995 murder in the first degree, rape, indecent assault, recklessly endangering another person, possession of instruments of crime, and flight to avoid apprehension. The convictions stemmed from the killing of Miller’s wife Sherry.
Sentenced to Death 10/97.

I am expressing my concerns regarding the execution of Dennis Miller, scheduled for August 19th in PA. I believe that the death penalty constitutes cruel and unusual punishment and it directly violates universal human rights of the right to life and the right not to be subjected to torture or to cruel, inhumane or degrading treatment/punishment. The death penalty is a form of state sanctioned murder and is revenge, not justice. Prison could accomplish public safety, without resorting to violence and death. Plus, the death penalty is extremely expensive and has been proven ineffective in reducing, deterring or preventing violent crime. I urge you to commute the death sentence of Dennis Miller to one of life imprisonment.