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Wednesday 20 April 2022

Court halts South Carolina plan for firing squad execution

 Court halts South Carolina plan for firing squad execution

The South Carolina Supreme Court has issued a temporary stay halting the state from carrying out its first-ever firing squad execution

COLUMBIA, S.C. -- South Carolina’s highest court on Wednesday issued a temporary stay blocking the state from carrying out what was set to be its first-ever firing squad execution.

The order by the state Supreme Court puts on hold at least temporarily the planned April 29 execution of Richard Bernard Moore, who drew the death sentence for the 1999 killing of convenience store clerk James Mahoney in Spartanburg.

The court said in issuing the temporary stay that it would release a more detailed order later.

Attorneys for the 57-year-old inmate had sought a stay, citing pending litigation in another court challenging the constitutionality of South Carolina’s execution methods, which also include the electric chair. Moore’s lawyers also wanted time to ask the U.S. Supreme Court to review whether Moore’s sentence was proportionate to his crime.

It has been more than a decade since the last firing squad execution in the U.S. The state of Utah carried out all three such executions in the nation since 1976, according to the Washington-based nonprofit Death Penalty Information Center. The most recent was in 2010, when Ronnie Lee Gardner faced a five-person squad.

The South Carolina Supreme Court on Wednesday also set a May 13 execution date for Brad Sigmon, 64, who was convicted in 2002 of the double murder of his ex-girlfriend’s parents in Greenville County.

A state judge agreed last week to examine a legal challenge brought by Moore, Sigmon and two other death row inmates who have mostly exhausted their appeals. Their lawyers argue that both electrocution and the firing squad are “barbaric” methods of killing. The prisoners’ attorneys also want the judge to closely examine prisons officials’ claims that they can’t get hold of lethal injection drugs, citing executions by that method carried out by other states and the federal government in recent years.

South Carolina’s last execution was in 2011. State officials have attributed the decadelong hiatus to an inability to secure lethal injection drugs after the state’s last batch expired in 2013. Efforts to contact manufacturers and compounding pharmacies have proved unfruitful, Corrections Department officials have repeatedly said.

A 2021 law intended to solve that problem made the electric chair the default execution method instead of lethal injection, and also codified the firing squad as an alternative option for condemned inmates.

Moore’s execution date was set after corrections officials disclosed last month that they had completed renovations on the state’s death chamber in Columbia to accommodate the firing squad and also developed new execution protocols.

Though Moore elected execution by firing squad earlier this month, he maintained in a written statement that he was forced to make a decision by a deadline set by state law and still found both options unconstitutional.

Moore is also separately asking a federal judge to consider whether the firing squad and the electric chair are cruel and unusual.

South Carolina is one of eight states that still use the electric chair and one of four — including Mississippi, Oklahoma and Utah — to allow a firing squad, per the Death Penalty Information Center.

Moore has spent more than two decades on death row after he was convicted in 2001 in the fatal shooting of convenience store clerk James Mahoney. Prosecutors said at his trial that he entered Nikki’s Speedy Mart in Spartanburg looking for money to support his cocaine habit. He then got into a dispute with Mahoney, who drew a pistol that Moore wrestled away from him. Mahoney pulled a second gun, and a gunfight ensued, with Mahoney shooting Moore in the arm and Moore shooting Mahoney in the chest.

Moore’s lawyers have said Moore couldn’t have intended to kill someone when he entered the store because he didn’t bring a gun with him.

ND lawmaker quits panel leadership after texts with inmate

 ND lawmaker quits panel leadership after texts with inmate

North Dakota's longest-serving state senator has resigned as head of a panel that oversees the Legislature’s business between sessions

BISMARCK, N.D. -- North Dakota's longest-serving state senator resigned Wednesday as head of a powerful panel that oversees the Legislature's business between sessions, just days after a published report that he had exchanged scores of text messages with a man jailed on child pornography charges.

Republican Sen. Ray Holmberg, 79, stepped down from the Legislative Management committee, saying in a statement “recent events and discussions have made it clear to me that the interim governing body of the legislature, Legislative Management, does not need to be any part of that discussion.”

Holmberg will remain on the panel, but not as its chairman.

“No further comments on this announcement will be forthcoming,” his statement said.

He had announced in March he would not seek reelection.

The Forum of Fargo reported Friday that Holmberg exchanged 72 text messages in August with Nicholas James Morgan-Derosier as Morgan-Derosier was held in the Grand Forks County Jail. The newspaper cited a jail log it obtained through a records request showing the time and date of the text messages.

Morgan-Derosier was held at the time on state child pornography charges. Holmberg first told the Forum that he had read a newspaper story about the charges, then in a later interview said he had not, the Forum reported.

He told the Forum that his text messages with Morgan-Derosier were related to “a variety of things,” including patio work Morgan-Derosier did for him. He also said he no longer has the text messages.

“They’re just gone,” he said.

Holmberg declined to speak with The Associated Press, and in a text referred all questions to his attorney, Mark Friese of Fargo.

Friese, a prominent North Dakota criminal defense attorney, said Tuesday that Holmberg hasn’t been charged with any crime, and there is no indication that he will.

“I know he was in the senator’s employ,” Friese said of Morgan-Derosier. “The fact that (Holmberg) knew him doesn’t say a lot in my view.”

Democratic Party Chairman Patrick Hart had called for Holmberg to step down from Legislative Management and to publicly release the text messages.

Holmberg was chairman of the Legislative Management committee four times during his 46-year tenure in the Legislature. The 17-member panel decides committee assignments and choses study topics that often inspire legislation.

Holmberg, a retired school counselor, announced in March that he was retiring from the Legislature, a move that came as a surprise to many lawmakers and others at the state Capitol.

“At age 79, the stress of a session and a campaign will only exacerbate a weakened ability to concentrate on the matters at hand and effectively recall events,” Holmberg said in a statement at the time.

Gov. Doug Burgum, the state's congressional delegation, state lawmakers and others showered Holmberg with accolades at that time.

GOP Senate Majority Leader Rich Wardner said the only thing Holmberg can be accused of at this point is a lapse of judgement. Wardner said he spoke with Holmberg Wednesday, before Holmberg stepped down as the committee chairman.

Wardner would not disclose details of the call.

“He sent 72 messages to a bad, bad person," Wardner said. "That's not illegal and until there is more information I think (Holmberg's resignation) is a step in the right direction.”

“If there is any evidence of any wrongdoing we will act and we will act quickly,” Wardner said. “Right now, all we have is that it looks bad.”

Holmberg also sits on the state's Emergency Commission, which allocates funding and resources in times of an emergency. The commission is comprised of the governor, the secretary of state, the chairmen of the state House and Senate appropriations committees, and the majority leaders of the House and Senate.

Wardner said he would not push to have Holmberg removed from that panel at this time.

Republican House Majority Leader Chet Pollert, the committee's vice chairman, will head Legislative Management until the session begins in January. Pollert also announced earlier that he is retiring.

Pollert said Holmberg's decision to step down as chairman of the committee “was the right thing to do.”

“Sen. Holmberg has his things he needs to deal with and we don't want it to be a distraction from the Legislature,” Pollert said.

The state charges against Morgan-Derosier have been superseded by federal charges that include possession and distribution of child pornography and travel with intent to engage in illicit sexual conduct.

Prosecutors allege Morgan-Derosier possessed several thousand images and videos depicting sexually abused children. He also is accused of taking two children under the age of 10 from Minnesota to his Grand Forks home, with the intent of sexually abusing them.

Lawmakers are paid $526 a month and $189 a day during a session or if they meet for a committee hearing. Legislative majority and minority leaders and the chairman of Legislative Management are paid an additional $377 monthly. Holmberg and other committee chairmen also are paid an additional $10 daily during a legislative session and $5 daily for an interim committee meeting.

Network forms to assist Afghan refugees settle in Detroit

 Network forms to assist Afghan refugees settle in Detroit

A group of Detroit corporate and community leaders has come together to provide support services to refugees from Afghanistan and other nations as they resettle in the city

The network's formation comes at a key time, as refugee resettlement agencies and nonprofits nationwide gear up to help Ukrainians fleeing the Russian invasion. They have already been hard at work trying to help tens of thousands of asylum-seeking Afghans who fled last year’s Taliban takeover.

“When world events started to occur, we knew we had to respond — and respond boldly and quickly,” Kelli Dobner, chief advancement officer for Samaritas and co-chair of the Detroit Refugee Network, said at a news conference in Detroit.

The network will serve the clients of three resettlement agencies — Samaritas, the U.S. Committee for Refugees and Immigrants and Catholic Charities of Southeast Michigan. It is working to raise more than $1 million to provide refugees in Detroit with a full range of services, including housing, education, transportation, legal support and utility assistance.

“Everyone wants opportunity. And in Detroit, we are here to help them and those who want to pursue that American dream," Dr. Sonia Hassan, the network's co-chair and wife of Detroit Mayor Mike Duggan, said at the event, which was held in the courtyard of an apartment complex that houses resettled Afghan refugees.

More than 650 Afghan refugees have come to southeastern Michigan since 2021 via the three resettlement agencies, with more than 250 planning to settle in Detroit.

Said Urahman, an Afghan who worked as a translator with the U.S. government, arrived in Detroit last year along with his wife, brother and two children. His wife and he since have added to their family — a third child was born three weeks ago.

The 31-year-old said it was a “very difficult decision” because he had “to leave homeland, friends (and) family behind.”

Now, he works for the city government's human resources department and lives in the apartment complex.

“I'm taking it easy, step by step. And I'm already integrated in society,” Urahman said.

Tuesday 19 April 2022

Woman's fatal stabbing livestreamed on Facebook; man charged

 Woman's fatal stabbing livestreamed on Facebook; man charged

A livestreamed fatal stabbing of a woman on social media led police to her body in an office building parking lot in Louisiana’s capital

BATON ROUGE, La. -- The livestreamed fatal stabbing of a woman on social media led police to her body in an office building parking lot in Louisiana's capital.

Baton Rouge Police found Janice David's naked body bound to a vehicle's steering wheel with jumper cables late Monday night, news outlets reported.

Someone who saw video of the attack on a Facebook Live feed notified Facebook, which in turn contacted authorities, according to the reports.

Authorities arrested Earl Lee Johnson, 35, on Monday and charged him with first-degree murder. During a news conference Tuesday to announce the arrest, police said Johnson and David had been on a dayslong “drug binge” before he allegedly choked, beat and stabbed her.

“Apparently they were involved in some drug usage together for a couple of days and the end result — as everyone has seen on Facebook Live — is a very gruesome, very evil act,” police spokesperson L’Jean McKneely said.

Autopsy results are pending on David, 34, of Baton Rouge.

Charges dropped against husband in missing woman case

 Charges dropped against husband in missing woman case

Prosecutors have dropped criminal charges against a Colorado man who was about to go on trial in the presumed death of his missing wife

DENVER -- Prosecutors on Tuesday dropped criminal charges against a Colorado man who was about to go on trial in the presumed death of his missing wife, but they left the door open to bringing new charges against him later.

The move follows Judge Ramsey Lama's decision last month to bar prosecutors from presenting most of their key witnesses during Barry Morphew's scheduled trial for repeatedly failing to follow rules for turning over evidence in his favor. The evidence included DNA from an unknown male linked to sexual assault cases in other states, which was found in Suzanne Morphew's SUV, raising the possibility of another suspect being involved.

In a court filing, District Attorney Linda Stanley said the exclusion of the prosecution’s witnesses was one reason she asked Lama to allow prosecutors to drop the charges. But she emphasized that investigators need more time to find the body of Suzanne Morphew before Barry Morphew goes on trial, saying for the first time that investigators believe her body is located in an area covered deep in snow near their former home in the southern Colorado mountains. Prosecutors and law enforcement believe they are close to finding her, she said.

“The People were hopeful that the search for, and the discovery of, the victim’s body would be concluded well before trial, but weather has complicated the efforts,” Stanley wrote in the motion, which Lama later approved.

Suzanne Morphew's siblings agree with the prosecution's request to drop the charges, she said.

Barry Morphew pleaded for help finding Suzanne Morphew after she disappeared and was reported missing on Mother's Day in 2020 but he was arrested and charged with murder and other crimes last year. He had pleaded not guilty and his trial had been set to begin April 28.

“These charges were false from the beginning,” one of Barry Morphew's lawyers, Iris Eytan, said after a court hearing in the case Tuesday.

Eytan said there was no physical evidence linking Barry Morphew to the case and noted that prosecutors have never before said they needed to find Suzanne Morphew's body in order to prosecute.

David Beller, an attorney with Recht Kornfeld PC, a Denver law firm, and a former president of the Colorado Criminal Defense Bar, said the prosecutors' request showed they feared a jury could have acquitted Barry Morphew and was a last minute attempt by to save their case.

A not guilty verdict would have prevented the government from ever prosecuting him again since the Constitution bars people from being prosecuted for the same crime twice.

Even though prosecutors have the ability to file charges against Barry Morphew later, Beller did not think it was likely unless Suzanne Morphew's body was found with some kind of evidence linking Barry Morphew to her death. He said other evidence supports his innocence.

“This is a relatively inexperienced prosecution team who brought charges in part based on community and political pressure,” he said.

California inmates study at 1st college based behind bars

 California inmates study at 1st college based behind bars

Behind a fortress wall and razor wire and a few feet away from California’s death row, students at one of the country’s most unique colleges discuss the 9/11 attacks and issues of morality, identity and nationalism

SAN QUENTIN, Calif. -- Behind a fortress wall and razor wire and a few feet away from California's death row, students at one of the country's most unique colleges discuss the 9/11 attacks and issues of morality, identity and nationalism.

Dressed in matching blue uniforms, the students only break from their discussion when a guard enters the classroom, calling out each man's last name and waiting for them to reply with the last two digits of their inmate number.

They are students at Mount Tamalpais College at San Quentin State Prison, the first accredited junior college in the country based behind bars. Inmates can take classes in literature, astronomy, American government, precalculus and others to earn an Associate of Arts degree.

Named for a mountain near the prison, the college was accredited in January after a 19-member commission from the Western Association of Schools and Colleges determined the extension program based at San Quentin for more than two decades was providing high-quality education.

“This is a profound step forward in prison education,” said Ted Mitchell, president of the American Council on Education, the umbrella organization for all U.S. higher education institutions.

Mitchell said Mount Tamalpais College is “an extraordinary model" that will give it autonomy not seen in prison programs attached to outside schools.

The new designation will force the school to maintain the high standards set by the college association and hopefully catch the attention of donors to help the college expand, said President Jody Lewen. While it can accommodate 300 students per semester, another 200 are on a waiting list.

The college is one of dozens of educational, job training and self-help programs available to the 3,100 inmates in the medium-security portion of San Quentin, making it a desired destination for inmates statewide who lobby to be transferred there.

“I wish I had learned this way coming up; instead I was in special ed my whole life," said 49-year-old Derry Brown, whose English 101 class “Cosmopolitan Fictions," was discussing “The Reluctant Fundamentalist,” a novel by Mohsin Hamid.

Brown, who is serving a 20-year sentence for burglary and assault, earned his GED in prison and takes pride in now being a college student. He said he may pursue a career in music in his hometown of Los Angeles once he's released next year.

“There is joy in learning — that’s why I want to continue," he said. “Even when I get out, I’m going back to college.”

The college's $5 million annual budget is fully funded by private donations, with a paid staff and volunteer faculty, many of them graduate students from top universities, including Stanford and the University of California, Berkeley.

The previous program started in 1996 and was later known as the Prison University Project and it also offered associate’s degrees but Lewen, who started as a volunteer instructor in 1999, said she began the process to have an autonomous college three years ago when the university they partnered with closed.

“Very often in the field of higher ed, people will look at educational programs in prisons and they’ll say, ‘Well, that’s a program or project. It’s not a school.’ Our hope is that by being an independent, accredited, liberal arts college that operates in a prison we make it more difficult for people to overlook those inside and we help them imagine our students differently,” Lewen said.

Any general population San Quentin inmate with a high school diploma or GED certificate is eligible to attend. The prison's 539 death row inmates are excluded.

Guards check the IDs of students coming to classes held in trailers set up on one edge of the prison's exercise yard, where students stop to discuss their assignments — corrections officers watching from four towers above.

Overhearing those yard conversations made a big impression on Richard “Bonaru” Richardson after he was transferred to San Quentin in 2007 to finish serving a 47 years-to-life sentence for a home invasion robbery. Former Gov. Jerry Brown commuted Richardson’s sentence, and he was released last year after serving 23 years.

“In other institutions, we were used to talking about gang activity, violence, knives, drugs, the next riot,” he said.

In San Quentin, the conversations were often about what classes they were taking, how to write a thesis or how to defend an argument.

“I was taken aback. It was kind of like, ‘Hold on, isn’t this supposed to be a prison?’” he added.

He decided to sign up after seeing a group of female volunteers walk across the prison yard.

“I got into the classroom for all the wrong reasons, but I realized that I was actually learning something and that there were people who believed in you more than you believe in yourself. When you see that, you start believing in yourself,” he said.

In his 14 years at San Quentin, Richardson, 47, rose to become executive editor of the inmate-led San Quentin News, a monthly newspaper distributed to California’s 35 prisons that has highlighted the prison programs and often publishes inspirational stories of men who pursued higher education while incarcerated.

He now works as an advancement associate helping the college's communications and fundraising departments.

“Like me, some of them might be the only person in their family to ever have a college degree and that inspires your children to continue their education. For some of them, it’s the greatest achievement of their lives,” Richardson said.

Doug Arwine, a high school humanities teacher, began volunteering this year and teaches English 101, which focuses on developing critical thinking skills.

He said he cherishes helping his students “share experiences and share their humanity with one another."

“There's also moments of success when a student realizes that they’ve crafted a really elegant paragraph in their essay, and they’ve made some interesting points. As with any student, regardless of where you are, you can see how that helps them build confidence,” Arwine said.

Teaching at San Quentin is also a unique experience. The process of going through layers of security, teaching the two-hour class, then clearing security again at the end of the day takes about five hours, Arwine said. He invests many more hours grading papers and preparing for his twice-a-week lessons.

Many of his students dropped out of school at an early age or went to dangerous public schools, Arwine said.

“I really believe in the values that Mount Tamalpais College espouses, in terms of offering free educational opportunities for incarcerated people because as we know from social science research, the best way to reduce recidivism rates is through offering educational programming while they’re incarcerated. It’s arguably the best form of rehabilitation,” said Arwine, whose father spent time in prison.

A 2013 Rand study found that inmates who participate in correctional education programs had 43% lower odds of re-offending than those who did not and were 13% more likely to obtain employment.

Jesse Vasquez, 39, said he was serving multiple life terms for attempted murder, a drive-by shooting and assault with a deadly weapon at a maximum-security facility when he read about the program in the San Quentin News and decided he would transfer there one day.

Vasquez had taken correspondence college programs at other prisons but studying in a classroom at San Quentin helped him see his potential and he realized he was at a “hub of rehabilitation."

The courses challenged him to question what he was learning and helped him build up critical thinking skills, which he called “a pivotal moment."

Vasquez’s sentence was commuted by the governor in 2018 after he had served more than 19 years. He was released in 2019 and now works for Friends of San Quentin News, a nonprofit that supports the newspaper.

He said having the students be enrolled at an actual community college will be an even greater incentive for them to pursue higher education and hopefully encourage other prisons to have their own colleges.

“All of a sudden, more people might be more open to the idea of, ‘Hey, what if we try this revolutionary idea somewhere else?’” he said.