Results matching “first”

SurveyUSA has this poll, conducted for four California TV stations. Among the findings:

"Proposition 62, which would end the death penalty in CA and replace it with life in prison, trails by 16 points today and is headed for defeat." 

The overall result is 36% yes, 52% no, 12% undecided.  They did not poll on Prop. 66, the reform initiative.  The poll has some interesting crosstabs, and some quirky ones.

The New York Times carries this story:

A major criminal-justice overhaul bill seemed destined to be the bipartisan success story of the year, consensus legislation that showed lawmakers could still rise above politics.

Then the election, Donald J. Trump's demand for "law and order" and a series of other political calculations got in the way.

Senate Republicans divided on the wisdom of reducing federal mandatory minimum sentences. Other Republicans, unhappy that President Obama was reducing hundreds of federal prison sentences on his own, did not want to give him a legacy victory. A surge in crime in some urban areas gave opponents of the legislation a new argument.

Now, the Senate authors of the legislation say it is effectively dead.

"I do believe it is over," said Senator Richard J. Durbin of Illinois, the No .2 Democrat in the Senate, who put considerable effort into difficult negotiations with Republicans to strike a compromise. "We missed an opportunity."

I was happy to have the opportunity a couple of days ago to speak at the Washington Post's Criminal Justice Summit.  The Post's editorial policies are worse than dubious, but its crime reporting is among the best in the country, led by the brilliant Tom Jackman, the moderator of my panel.

Susan Pinker has this article in the WSJ with the above title, reviewing the research.

In the previous post, I noted my rare agreement with Jerry Brown that a marijuana industry with legitimacy and mass marketing would produce an increase in consumption that will diminish us as a nation.  This is why.  We are already suffering from a decline in the ambition and work ethic that made us a great nation in the first place.  The last thing we need is a chemically induced steepening of our decline.

Death Penalty Not an Option in CA Girls' 1973 Killings:  Two men arrested and charged in the murders of two young girls in Yuba County, Calif., over 40 years ago can't face the death penalty because it wasn't an option at the time of the slayings.  Don Thompson of the AP reports that 65-year-old cousins William Lloyd Harbour and Larry Don Patterson were arrested for the November 1973 sexual assault and killings of Valerie Janice Lane, 12, and Doris Karen Derryberry, 13, after a forensics lab matched DNA from the two suspects to semen found on Derryberry.  Both girls died of shotgun wounds fired at close range.  Prosecutors cannot pursue the death penalty against Harbour and Patterson because their cases must be tried under the law as it existed in the state in 1973, when the death penalty was not available.  If convicted, the most time the cousins could face is a life sentence, and the law in 1973 provided the consideration of parole after serving seven years.  Harbour and Patterson each face six counts of murder, three for each victim, which includes one count of premeditated murder, one count of murder committed during a rape or attempted rape and one count of murder committed while molesting a child.

House Approves Bill to Ban Gitmo Transfers:  The House passed a bill on Thursday banning the transfer of detainees from Guantanamo Bay for the remainder of Obama's term.  Jacqueline Klimas of the Washington Examiner reports that the bill, introduced by Jackie Walorski, R-Ind., passed the House by a 244-174, and bars the transfer of any Guantanamo Bay prisoner until the next administration takes office or until the passage of the fiscal 2017 National Defense Authorization Act, whichever comes first.  The bill comes after much heated debate following Obama's announcement of a plan to close the prison before the end of his presidency.  Republicans argue that the plan puts U.S. national security in jeopardy if detainees go on to engage in terrorism after their transfer, which happened in two confirmed cases this year.  Sixty-one detainees remain at Guantanamo Bay, 20 of whom have been cleared for release.

Unaccompanied Minors Swelling Ranks of U.S. Gangs:  The influx of unaccompanied minors across the southern border could be swelling the ranks of America's most dangerous gangs, most notably MS-13, say experts.  Joseph J. Kolb of Fox News reports that in the past six years, approximately 227,149 unaccompanied alien children, mostly from Central America, have been apprehended at the border.  Under federal law, the minors must be detained until they are released to a sponsor, usually a relative, while their cases are adjudicated.  They are often sent to communities where they are ripe for recruitment by MS-13 and other Latino gangs, given their lack of supervision and English language deficiencies, or they were already initiated into gangs prior to arriving to the U.S.  Maryland, Texas and Virginia have seen notable spikes in MS-13 crime this year.  Texas specifically blames the increase on the surge of unaccompanied minors placed in the state.

CA Inmate's Death Sentence Overturned:  The California Supreme Court overturned the death sentence of a man convicted of gunning down three people in a home invasion robbery over two decades ago.  Tommy Wright of the Monterey Herald reports that Daniel Sanchez Covarrubias' death sentence was overturned on an automatic appeal filed Thursday due to a error made by the court during his 1998 trial, in which a prospective juror was excluded on the basis of the juror's questionnaire responses.  An automatic reversal of Covarrubias' death sentence was required because, under the U.S. Supreme Court precedent set in Lockhard v. McCree, prospective jurors with opposition to the death penalty are not subject to automatic excusal if "they state clearly that they are willing to temporarily set aside their own beliefs in deference to the rule of law."  The juror in this case did not say he would always vote against capital punishment.  In November 1994, Covarrubias, two of his cousins and his nephew stormed a Salinas home to rob it, gunning down a woman, who was holding her 11-month-old daughter, her husband and her brother.  The baby sustained multiple gunshot wounds but survived.  Covarrubias' case will return to the Monterey County court for a new penalty.

Video Shows Car Running Down AZ Officers in Targeted Attack:  Three Phoenix police officers were run down by a vehicle and injured early Tuesday in a convenience store parking lot in what authorities are describing as an intentional act that was captured on a security video.  CBS reports that Marc LaQuon Payne, 44, was arrested by one of the three officers he targeted, who had managed to jump out of the way of the oncoming vehicle.  One of the officers, an 18-year veteran, suffered a broken leg while another, who was on his first day of training, suffered a head injury.  The third officer sustained minor injuries during a struggle while arresting Payne.  Payne, who was impaired at the time of the crash, is facing three counts of attempted first-degree murder and two counts of aggravated assault.

Border Patrol Agents Assaults in the Thousands:  Thousands of Border Patrol agents have been assaulted in the past decade, the chief of the U.S. Border Patrol told Congress on Tuesday.  Susan Jones of CNS News reports that Mark Morgan, head of the Border Patrol, described his agents as "among the most assaulted law enforcement personnel in the country," revealing to Congress that 7,542 agents have been assaulted since 2006 and 30 have died in the line of duty since 2003.  What's more, Morgan said, is that this happens to Border Patrol agents while constantly putting themselves in harm's way to provide assistance and medical care to those who need it, including people attempting to illegally enter the U.S.  In this fiscal year alone, agents have rescued over 3,700 people along the border.  There are 21,370 total Border Patrol agents.

Death Penalty Upheld for OH Killer who Murdered Witness:  A Cincinnati man who murdered his girlfriend, former attorney and a witness to one of his crimes has had his conviction and death sentence for killing the witness upheld by the Ohio Supreme Court.  Lauren Pack of WHIO reports that Calvin McKelton, 39, was convicted in 2010 of the 2008 murders of his girlfriend, Margaret Allen, and a criminal defense attorney who previously represented him.  He was also convicted and sentenced to death for the 2009 murder of Germaine Evans, who McKelton killed to prevent from testifying.  Evans was allegedly an eyewitness to Allen's fatal strangulation by McKelton and assisted in disposing of her body.  In addition to the death sentence, McKelton received 15 years to life for Allen's murder and 25 years for the remaining convictions.  On appeal of the death sentence, McKelton argued that his rights were violated because he was deprived of a fair trial and had ineffective counsel.  Justices of the state high court ruled that McKelton was properly convicted of murdering Evans and the aggravating circumstances in support of the death penalty outweigh the mitigating circumstances beyond a reasonable doubt.

Illegal Immigration Surges in August, on Pace to Break Records:  Illegal immigration along the nation's southern border surged last month, not typical of the late-summer slowdown observed year after year, and is on pace to surpass records set in the years prior.  Stephen Dinan of the Washington Times reports that 10,000 people traveling as families were apprehended in August, while 5,800 unaccompanied minors were caught.  In the first 11 months of Fiscal Year 2016, a total of 68,080 people have been caught traveling in family units -- "almost certain" to break the record set in 2014 -- and 54,052 children traveling without parents have been intercepted.  In all, almost 370,000 illegal immigrants have been caught this fiscal year along the southwest border, surpassing the total for all of 2015 but still below the 2014 surge.  Analysts contest that a combination of ongoing violence in Central American and the Obama administration's lax enforcement on immigration is driving the mass migration.

NC Officer Shot Over Weekend Dies of Injury:  A North Carolina police officer shot in the torso over the weekend died in the hospital Monday.  Mark Price and Bruce Henderson of the Charlotte Observer report that Officer Tim Brackeen, 38, a 12-year veteran of the Shelby Police Department, was shot in the line of duty Saturday by suspected gunman Irving Lucien Fenner Jr., 23.  Brackeen had been searching for a subject who was wanted on an outstanding warrant.  Fenner is currently in custody and facing first-degree murder charges.

Illegal Immigrant Gang Member Charged with Murder:  A twice-deported MS-13 gang member has been charged with the brutal murder of a Maryland teenager.  Fox News Latino reports that El Salvador-native Oscar Delgado-Perez, 28, faces a charge of first-degree murder in the June stabbing of Cristian Villigran-Morales, who was stabbed over 40 times in order for Delgado-Perez to win credibility with his gang.  Delgado-Perez allegedly directed a female to lure Villigran-Morales into a park in a ruse, telling him they would engage in sexual intercourse, and later lured him to the woods where he was killed.  A second gang member is in custody for the murder and police are searching for a third.  Delgado-Perez was deported in October 2014 and February 2015.

OH Man Faces Death Penalty:  An Ohio man accused of murdering two people three years ago while the young son of one of the victims hid upstairs could face the death penalty if found guilty at his trial.  Mark Gokavi of the Dayton Daily News reports that the three-week trial of Harvey Lee Jones, 37, just began.  He is charged with the January 2013 double murder of Carley Hughley, 32, with whom he had a previous relationship, and Demetrius Beckwith, 29.  Jones, a previously convicted sex offender who served a decade in prison, made Hughley and Beckwith lie on the floor before shooting them multiple times and stealing several items.  Hughley's then 10-year-old son, who is now 14, was present during the murder and plans to testify in court.  Jones has pleaded not guilty to six counts of aggravated murder, two counts of aggravated burglary, two counts of kidnapping, two counts of aggravated robbery and one count of having a weapon under disability.

Killer Faces 2nd Death Penalty Trial 13 Years Later:  A Massachusetts man sentenced to death for a deadly crime spree through three New England states in July 2001 has been granted a new sentencing trial.  Derek Hawkins of the WaPo reports that Gary Lee Sampson, 56, had his sentence overturned in 2011 after a federal judge found that a juror had lied about her background.  He begins his second sentencing trial on Wednesday in the deaths of Philip McCloskey, 69, and Jonathan Rizzo, 19, and prosecutors will again pursue a death sentence.  Sampson, who has a violent criminal record and had spent some 16 years in jail prior to the crime spree, engaged in a five-day rampage in New England after returning from North Carolina, where he was wanted in connection with a string of bank robberies.  After hitching separate rides from McCloskey and Rizzo in Massachusetts, he brutally killed them; McCloskey was tied up and stabbed 24 times, and Rizzo was tied to a tree in the woods and stabbed in the neck and chest.  Sampson later tied up and fatally strangled the caretaker of a New Hampshire city councilor, and unsuccessfully attempted to steal the car of a Vermont man.  He was tried separately in those two cases and found guilty.  Although Massachusetts abolished the death penalty in 1984, prosecutors can pursue a death sentence against Sampson because the case involving the deaths of McCloskey and Rizzo is federal.

Readers know that I have significant problems with Donald Trump, starting with his basic manners.  He nonetheless rode to the nomination on what I shall call a stern view of immigration, sometimes bordering on xenophobia.  

A 28-year-old gang member charged in the brutal stabbing death of a Maryland teenager had been deported twice to El Salvador in the past two years, according to U.S. immigration officials.

Oscar Delgado-Perez is expected to make his first appearance in Montgomery County court on Friday afternoon in a killing detectives suspect was over gang bragging rights.

Detectives say that on June 16, Delgado-Perez and at least two other members of the MS-13 gang stabbed Cristian Villagran-Morales, 18, more than 40 times in a park in Gaithersburg. Delgado-Perez "directed" the attack, detectives wrote in an affidavit filed in court.

Sam Hananel reports for AP:

Supreme Court Chief Justice John Roberts has temporarily blocked a Senate subpoena that seeks information on how the classified advertising website Backpage.com screens ads for possible sex trafficking.

The order Tuesday came hours after Backpage CEO Carl Ferrer asked the high court to intervene, saying the case threatens the First Amendment rights of online publishers.

A federal appeals court ruled Friday that the website must respond to the subpoena within 10 days. Roberts said Backpage does not have to comply with the appeals court order until further action from the Supreme Court. He requested a response from the Senate by Friday.

The order reads in full:

IT IS ORDERED that the August 5, 2016 order of the United States District Court for the District of Columbia, in case No. 16-mc-621, is hereby stayed pending receipt of a response, due by noon Friday, September 9, 2016, and further order of the undersigned or of the Court

The individual Justice assigned to the circuit (the Chief, for DC) is authorized to stay a lower court's order, but they typically refer the application to the full Court for anything more than a brief stay.  I expect that "further order" will come early next week, and it will be from the full Court.

Earlier this summer, the lenient sentence given to Stanford student Brock Turner for a sexual assault on an unconscious young woman sparked national outrage.  Friday, he was released from jail after serving only half of that.  Paul Elias has this story for AP, with extensive background on the case.

What lessons should we draw from this double outrage?

First, the excessively lenient sentence demonstrates why we cannot vest too much discretion to judges to grant leniency.  In other words, it demonstrates--conclusively, in my mind--that we will always need "mandatory minimums" in some form for some crimes.

Second, Turner's release in 3 months when sentenced to 6 demonstrates that we need to be very careful with "credits" against sentences and award them only when they serve an important function.

Third, given the number of people guilty of serious crimes who are now sentenced to county jail in California, it is imperative that we build enough jail capacity to hold them for every single day for which they are sentenced, reduced only by those judiciously awarded credits.

L.A. Airport Shooter Pleads Guilty to Avoid Death Penalty:  The man accused of fatally shooting a U.S. Transportation Security Administration (TSA) agent and wounding three others in an attack at the Los Angeles International Airport nearly three years ago has agreed to plead guilty to the charges against him in order to avoid a death sentence.  Alex Dobuzinskis of Reuters reports that Anthony Ciancia, 26, a New Jersey native, has agreed to plead guilty at an upcoming hearing to 11 criminal counts, including murder of a federal officer, attempted murder of a federal officer, violence at an airport and discharge of a firearm during a crime of violence causing death.  On Nov. 1, 2013, Ciancia walked into Terminal 3 of LAX, the nation's second-busiest airport, armed with a semi-automatic rifle and opened fire, killing TSA agent Gerardo Hernandez, 53.  Hernandez became the first TSA officer killed in the line of duty since the agency's creation following the Sept. 11, 2001 attacks.  Federal authorities believe Ciancia's motive was to target and kill TSA agents, after discovering writings signed by him saying he wanted to "instill fear in [their] traitorous minds." 

Death Penalty Possible for Va. Man who Killed Wife, Officer:  A Prince William County judge ruled Thursday that prosecutors may pursue the death penalty against a man who fatally shot his wife and a police officer nearly six months ago.  Ian Shapira of the Washington Post reports that attorney for Ronald Hamilton, 32, filed two motions, arguing that Prince William County's high rate of death penalty cases compared to the rest of the nation's violates his client's rights against cruel and unusual punishment and therefore the pursuit of the death penalty in his case was arbitrary.  The defense motions were denied.  Hamilton fatally shot his wife, Crystal Hamilton, 29, on Feb. 27 after an argument.  Crystal had dialed 911 before she was killed and three Prince Williams police officers responded, including Ashley Guindon, 28, who was on her first day on the street.  Hamilton fatally shot her with a rifle as she approached the door to the home and wounded the other two officers.  The couple's 11-year-old son was present during the incident but was unharmed after fleeing to a neighbor's house for safety. 

Retired Justice Warns Against 'Deceptive' Prop. 57:  James Ardiaz, retired presiding justice of the Fifth District Court of Appeal, has this piece in the Fresno Bee warning Californians not to be fooled by Gov. Brown's deceptive new ballot measure, Proposition 57.  Prop. 57 is advertised as a measure that will reduce the number of "nonviolent" criminals in prison, but Ardiaz says that this definition is misleading because under the measure, "a special definition for what is a violent crime" is used.  Crimes classified as "nonviolent" under Prop. 57 include rape of an intoxicated person, drive-by shootings, assault with a deadly weapon, domestic violence involving trauma and corporal injury of a child.  Ardiaz references last year's crime increase -- a 9.7% spike in murder, 35% jump in rape and an 8.5% rise in robbery, for instance -- that he says is the result of Brown's  failed attempts to "fix" sentencing in the state with Realignment (AB109), the weakening of Three Strikes and Prop. 47.  Prop. 57 will only perpetuate and worsen rising crime in California.  Ardiaz's signature will be on the opposition arguments to the initiative on the November ballot.

Death Penalty Sought in PA Cookout Ambush:  Prosecutors in Pennsylvania announced Friday that they plan to seek the death penalty against two men charged in an ambush at a cookout five months ago that killed five adults, one of whom was pregnant.  The AP reports that Cheron Shelton, 29, and Robert Thomas, 27, will face the death penalty if convicted of first-degree murder for the March 9 shooting in suburban Pittsburgh that left five adults and an unborn child dead, and three others wounded.  Thomas allegedly fired 18 shots from a pistol into a group of 15 partygoers, who then ran toward the rear porch of the house.  Shelton was hiding behind a fence nearby and fired 30 shots from an AK-47-style rifle.  Prosecutors say the men's motive stems from the murder of Shelton's best friend in 2013, who is believed to have be killed by one of the wounded partygoers.  Shelton and Thomas both face six counts each of criminal homicide, as well as charges of criminal conspiracy, aggravated assault and reckless endangerment.

Illegal Immigrant Bus Driver Kills 2 in Crash:  A bus operated by an unlicensed illegal immigrant driver carrying flood recovery volunteers crashed into several vehicles, including a fire truck, on a Louisiana interstate Sunday morning, killing two people and injuring 36.  Fox News reports that the driver of the bus, Denis Yasmir Amaya Rodriguez, 37, of Honduras, hit the fire truck and then a car, veering behind the fire truck and into a pickup truck.  Three firefighters, who were there responding to an earlier crash, were knocked into the water below the interstate.  The two fatalities include Jermaine Star, 21, who was in the backseat of the car that was struck, and St. John the Baptist Parish district Fire Chief Spencer Chauvin.  Two other firefighters, 24 bus passengers and nine people in other vehicles were injured.  Rodriguez sustained minor injuries.  He faces two counts of negligent homicide, reckless operation and driving without a driver's license.  Police say there will be additional charges.

Man Faces 2 Capital Murder Charges in MS Nun Deaths:  A man suspected of murdering two Mississippi nuns last week has been arrested and charged with two counts of capital murder.  Emily Wagster Pettus of the AP reports that Rodney Earl Sanders, 46, is charged in the deaths of Sister Margaret Held and Sister Paula Merrill, both 68, whose bodies were discovered inside a residence Thursday after they failed to show up for work at a health clinic.  The home showed signs of a break-in and their stolen car was discovered a mile away.  Police haven't disclosed a motive for the slayings or the women's cause of death.  Sisters Held and Merrill were both nurse practitioners who worked at a clinic administering flu shots, dispensing insulin and providing other medical care for children and adults who couldn't afford it. 

Jeff Jacoby has this article in the Boston Globe with the above title. The article is also available (with less hoop jumping) own Jacoby's own site.

It doesn't take a social-science degree to grasp the real-world difference between facing vs. not facing a potential death sentence. Criminals grasp it too.

Dmitry Smirnov did. A resident of British Columbia, Smirnov was smitten with Jitka Vesel, a pretty Chicago woman he'd met online playing "World of Warcraft" in 2008 and then dated for several weeks. When Vesel ended the brief relationship, Smirnov took it badly. He returned to Canada, but kept pursuing Vesel by phone and online. When she broke off communication with him, he began plotting to kill her.

Smirnov returned to the United States in 2011, bought a gun and ammunition, and drove back to Chicago. He attached a GPS device to Vesel's car so he could track her movements. On the evening of April 13, he tailed her to the Czechoslovak Heritage Museum in Oak Park, Ill., where she was a curator and board member. When she came out after a meeting, Smirnov ambushed her. He shot her repeatedly, firing multiple rounds into the back of her head even after she had crumpled to the ground.

A deranged suitor? Maybe -- but Smirnov wasn't too deranged to first check out whether Illinois was a death penalty state. He headed back to Chicago to murder Vesel only after learning that Illinois had recently abolished capital punishment. When he was questioned afterward by police, according to prosecutors, he told them he had confirmed Illinois' no-death-penalty status "as recently as the morning of the murder." In an e-mail sent to a friend after the fact, Smirnov -- who voluntarily surrendered to the police -- made clear that he knew what to expect. "Illinois doesn't have the death penalty, so I'll spend the rest of my life in prison," he wrote.

Man who Massacred Family Will Face Death Penalty:  A man charged with the execution-style shooting deaths of six members of a Texas family two years ago will face the death penalty at his trial next year.  Brian Rodgers of the Houston Chronicle reports that Utah-native Ronald Haskell, 36, is accused of killing Steven and Katie Stay and four of their children, ranging in age from four to 13, and shooting their 15-year-old daughter, who survived.  The murders occurred in early July 2014 when Haskell disguised himself as a FedEx worker and pushed his way into the Stay residence and bound the 15-year-old, who was home alone at the time.  He bound the other members of the family as they arrived home.  Haskell demanded to know the location of his estranged ex-wife, Kathy Stay's sister, who left him following numerous incidents of domestic violence, before shooting all members of the Stay family in the head.  Haskell's defense attorney argues that he suffers from mental health issues.  His trial is set to begin in the fall of 2017.

Murder Suspect's Tweet Could Elevate Charges Against Him:  A Twitter posting made by an Arizona man who was arrested on suspicion of murdering his roommate over the weekend could make him eligible for the death penalty.  The AP reports that Zachary Dale Penton, 21, is accused of fatally shooting Daniel Garofalo, 41, who owned the house Penton had lived in for two months.  Penton alleges a struggle broke out on Sunday after Garofalo came into his bedroom to demand he move out, tackling him and taking his phone.  Penton says he fired his weapon when Garofalo frightened him after "speaking irrationally."  However, two days before the shooting, Penton posted a comment on Twitter saying he needed to move out of the home where he was living before he killed him roommates.  Prosecutors can use the comment to argue that Garofalo's murder was premeditated, elevating the charges against Penton to first-degree murder which allows them to pursue the death penalty.  Penton was booked on second-degree murder and has yet to be formally charged.  The Maricopa County Attorney's Office has not commented on whether first-degree murder charges will be sought.

TN Officer Killed, Suspect in Custody:  A Tennessee police officer was shot and killed Thursday while answering a domestic violence call hours after sheriff's responded to a separate call at the same address.  The Knoxville News Sentinel reports that Kenny Moats, 32, a nine-year veteran of the Maryville Police Department, died of a single gunshot wound to the neck after Brian Keith Stalans, 44, opened fire on officers responding to reports of a domestic incident between him and his father, which "involved a gun."  After officer exchanged gunfire with Stalans, he was taken into custody.  Charges are currently pending.  Sheriff's deputies had responded to an earlier domestic disturbance at the home but lacked probable cause to arrest Stalans.  Moats was the first Maryville police officer killed in the line of duty since 1981.  Nationally, 75 officers have died on duty so far this year, according to the National Law Enforcement Officers Memorial Foundation.

Chicago: Murders Increase as Detectives Decrease:  The city with up to 90 shootings a week and a murder rate on track to hit the highest level in nineteen years is losing detectives.  Since 2008, the number of detectives in the Chicago Police Department has dropped from 1,252 to 922 according to this story by Flona Ortiz and Justice Madden of Reuters.  The clearance rate seems to have suffered, with just 46% of last years 480 murders solved, while other large cities solve an average of 68%.  Contributing to the difficulty in clearing murder cases is the fact that 61% of homicides are gang related and witnesses are afraid to get involved for fear of retaliation.   This story from CBS Chicago indicates what police are dealing with.  Appearing in court on a charge of attempted murder of a police officer, Kentrell Pledger, a 29 year-old gang member, told the judge "I should have smoked his ass.  He shot at me first, so get your story straight, dog."  Then he told the African American judge, "You ain't black, you're white, bitch."    Also, ABC7 in Chicago has this video report of the defendant's Facebook posting just an hour before.

Divided Eleventh Circuit Rejects Murderer's Appeal:  In a 6-5 decision that some claim will reduce federal court review of death penalty cases, the Eleventh Circuit denied the claim of a man convicted of the shotgun murder of a prison guard who offered him a ride.  The Court's holding deferred to the summary denial of murderer's appeal by the Georgia Supreme Court.  Bill Rankin of the Atlanta Journal Constitution reports that the dissenters worry that precedent set by the court will deprive death-row inmates chance to get relief with filing appeals-writs of habeas corpus- in federal court that challenge their convcitions and sentences.  But the decision in Wilson v. Georgia does not break new ground.  On more than one occasion, the Supreme Court  has affirmed that a State Supreme Court's summary denial of a death penalty appeal is entitled to deference by the federal courts.

Seattle May Open Homeless Housing Allowing Heroin Use:  The creation of a safe-consumption site for addicts -- a supervised facility where an addict could obtain clean needles, anti-overdose medication, medical attention and treatment opportunities -- has been endorsed by Seattle's Heroin Task Force.  Bob Young and Vernal Coleman of the Seattle Times report that the task force, formed by Seattle Mayor Ed Murray and King County Executive Dow Constantine, has proposed a dormitory-style homeless shelter that would welcome pets, partners, storage for personal belongings and intoxicated residents in an effort to coax residents out of encampments, such as the the city's infamous Jungle.  "But you need to allow people to use on-site, so they don't in an alley or back in The Jungle," said Kris Nyrop, an outreach worker and drug-policy researcher in the city.  However, the idea, which would be funded by taxpayers, is controversial and the limited data available on similar models has policymakers moving "slowly and cautiously."  The task force is expected to announce formal recommendations next month.  If the idea comes to fruition, it will be the first in the U.S.

CA High Court Overturns Death Penalty Conviction:  In a 4-3 ruling, the California Supreme Court overturned the death sentence of a man convicted of murdering an elderly Shasta County woman over two decades ago.  Damon Arthur of the Redding Record Searchlight reports that Gary Grimes was sentenced to death in 1999 for the 1995 stabbing and strangling of Betty Elizabeth Bone, 98, during a home invasion robbery he committed with two other men, John William Morris and Patrick James Wilson.  Shortly after their arrests, Morris killed himself while in custody but allegedly had told a witness that he killed Bone, not Grimes or Wilson, and stated to another that Grimes and Wilson were present in Bone's home during the murder but didn't participate.  Another witness said Grimes played a leadership role in the slaying.  The former statements were not allowed at Grimes' trial, but the latter was.  Justices ruled that Morris' statements to witnesses should have been allowed at Grimes' trial because it could have swayed the jury.  Though Grimes' death sentence was overturned, his murder conviction was not.

Stockton Cop Killed in Hit-and-Run Crash:  An off-duty Stockton police officer was fatally struck by a car operated by an unlicensed driver in a hit-and-run crash over the weekend.  KCRA reports that Officer Justin Kepler, who had been with the Stockton Police Department since 2012, was riding his motorcycle Saturday evening when Isidro Urista-Meza, 27, turned into hit path and collided with him, throwing him from his motorcycle.  Kepler was pronounced dead at the scene.  Urista-Meza fled the scene on foot but was arrested a short time later.  He faces charges of driving unlicensed, felony hit-and-run and misdemeanor vehicular manslaughter.  Officials say alcohol and drugs were not a factor in the crash.

FBI Investigating Whether VA Stabbings were ISIS-inspired:  Dual stabbings in Virginia over the weekend are being investigated by federal authorities to determine whether the attack was inspired by the Islamic State terror group.  Fox News reports that Wasil Farooqui, 20, faces two counts of aggravated malicious wounding after stabbing and seriously wounding a man and woman at a Roanoke apartment complex on Saturday while yelling "Allah Akbar."  Authorities believe he may have been attempting to behead the male victim.  He had no connection to either victim.  Farooqui had traveled to Turkey within the last year, leading investigators to believe he may have sneaked into Syria to meet with ISIS militants.  The FBI is working with the Roanoke County Police Department on the case and have declined to provide any further details.

Thursday I noted a paper by Ernest Goss, et al. with a quotation that was purportedly from me but was completely false. I did not write those words, and the words report my study as finding the opposite of what I actually found.

If I received notice that a paper with my name on it contained a gross error, I would make the correction with scrupulous care and go over the correction with a fine tooth comb -- myself, not delegated -- to be very certain that the corrected paper was unimpeachably correct.  Evidently, Professor Goss does not share this view.  The "corrected" version remains a serious misrepresentation, either deliberately deceptive or with reckless disregard of the truth, which are morally about the same thing.

CA Probationer, Parolee Lead Cops on Chase, Nearly Striking One:  Two California men, one a probationer and another a parolee, were taken into custody Wednesday night after leading Hemet police on a chase that ended in a crash.  Patch reports that a patrol officer observed an SUV make a traffic violation and attempted to stop it, but the driver, Justin Manuel Leon, 30, refused to pull over and sped off with his passenger, Michael Ray Kaphan, 24.  When a second patrol unit joined the pursuit, Leon attempted to ram the vehicle.  The suspects' car plowed through a gate and several fences before becoming disabled, at which point the men took off on foot, though they were quickly apprehended.  No one sustained any injuries.  Kaphan, who has prior theft-related convictions, was booked on suspicion of parole violations.  Leon, who was sentenced to 36 months of probation in April after pleading guilty to auto theft, was booked on suspicion of assault with a deadly weapon on a police officer, felony evading, reckless driving, vandalism and probation violations.

Suspect in FL Face-Biting Attack May Face Death Penalty:  The Florida teen who was found biting the face of a man after fatally stabbing him and his wife outside their home could face the death penalty, says the Martin County Sheriff's office.  CBS reports that Austin Harrouff, a 19-year-old college student, will be formally charged with two counts of first-degree murder in the deaths of John Stevens, 59, and his wife, Michelle Mishcon, 53, once he is released from the hospital.  He will also face an additional charge of attempted first-degree murder for stabbing the couple's neighbor who tried to intervene.  Investigators believe a synthetic drug like Flakka or bath salts contributed to the attack, which was random.  Authorities are still waiting for results of a lab test to confirm suspicions.

Judges Allow Nearly 100,000 Illegals Remain in the U.S.:  Immigration judges have gone against the Department of Homeland Security's attempts to deport some 96,223 illegal immigrants, including criminals, over the last 10 months, according to the Transactional Records Access Clearinghouse (TRAC), a Syracuse-University based nonprofit.  Malia Zimmerman of Fox News reports that TRAC's report cites several reasons why a judge may allow an individual to remain in the county, such as finding that the government failed to meet its burden to show the individual is deportable; finding the individual eligible for asylum; or simply granting relief under alternative legal provisions.  The government can also request that a particular case be administratively closed through ICE's prosecutorial discretion, or other reasons.  There is currently a backlog of approximately 500,000 pending cases in immigration courts, causing judges becoming more lenient as it continues to grow.  Records were shattered last year when judges allowed 106,676 illegal immigrants to remain in the U.S. despite DHS's efforts to remove them, but TRAC estimates that this year's numbers are on track to surpass that staggering amount.

CO Man who Stabbed Son to Death Could Face Death Penalty:  Arapahoe County prosecutors are considering seeking the death penalty against a Colorado man who fatally stabbed his six-year-old son earlier this year.  Noelle Phillips of the Denver Post reports that Brandon Johnson, 27, had a new arraignment set Thursday for Oct. 25, after which prosecutors have 60 days to decide whether to pursue the death penalty against him.  Colorado law allows the death penalty in this case because it involves the death of a victim younger than 12.  On Feb. 10, a woman called the police to report that she had been sexually assaulted by Johnson at knifepoint.  Upon deputies' arrival, they discovered Riley Johnson dead from stab wounds and Brandon Johnson bleeding from self-inflicted stab wounds.  A two-year-old boy, the son of the woman who called police, was present but unharmed and the woman was hospitalized and treated for her injuries.  Johnson faces eight charges, including first-degree murder.

Death Penalty Sought Against CA Woman:  Monterey County prosecutors announced Wednesday that they will seek the death penalty for a woman responsible for the deaths of her young niece and nephew, as well as the severe abuse of their sister.  Tommy Wright of the Monterey Herald reports that Tami Huntsman faces multiple charges of murder, torture, child abuse and conspiracy in the deaths of Shaun Tara, 6, and Delylah Tara, 3, who were discovered in a Redding storage unit in December along with their nine-year-old sister, found severely abused but alive.  Huntsman's boyfriend, Gonzalo Curiel, 18, received similar charges but faces a life sentence instead of capital punishment because he was a minor at the time of the offenses.  Huntsman and Curiel both pleaded not guilty to the charges in January and received a trial date of Feb. 6, 2017 in April.  The last time the Monterey County DA's Office proceeded with a death penalty case was in 2000.

Illegal Immigrant Felon Arrested for Carjacking:  An illegal immigrant with a violent felony record was arrested in Kansas City, Mo., on Tuesday after carjacking two women, one of whom was 91-years old.  Chuck Ross of the Daily Caller reports that Eduardo Irhneis Escobar, 25, approached the vehicle in a Walgreen's parking lot and demanded that the driver, a 63-year-old woman, get out of the car.  He proceeded to drive off with the elderly woman still inside and then pushed her out of the car while it was moving.  He was apprehended following a high-speed pursuit and charged with first-degree robbery and armed criminal action.  Fortunately, neither woman sustained injuries.  Court records show Escobar was first held on bond for a May 2009 incident, for which he plead guilty in January 2010.  He was sentenced to six years in prison and three years of probation.  A police report also indicates he has a conviction for first-degree felony assault.  It's unclear if he has ever been deported or when he first entered the U.S.

WV City has 27 Heroin Overdoses in Four Hours:  Huntington, West Virginia, saw 27 heroin overdoses, one of them fatal, in four hours on Monday in what officials are equating to "a mass casualty event."  Tony Marco of CNN reports that all of the overdoses occurred within a mile and a half radius, leading officials to believe that they all stem from the same batch of heroin that was likely laced with something to make it dangerous.  Huntington, a city of approximately 50,000 people, typically sees 18 to 20 overdoses in a week, proving this short span of hours to be "catastrophic," according to Cabell County EMS Director Gordon Merry.  So far this year, there have been 440 overdoses in Cabell County, 26 of them fatal.  Merry believes a third of the overdoses are related to fentanyl.

NM Gov. Backs Restoring Death Penalty:  New Mexico Gov. Susana Martinez will pursue the death penalty as part of her legislative agenda in January, an announcement that comes on the heels of the senseless killing of a police officer last Friday.  KVIA reports that Hatch Police Officer Jose Chavez, a two-year veteran of the department, was killed during a traffic stop by Jesse Denver Hanes, an Ohio man who is suspected of another murder in his home state.  Hanes faces a first-degree murder charge in Chavez's death, but cannot receive the death penalty because it was abolished in New Mexico in 2009.  Gov. Martinez stated that she believes cop killers deserve the ultimate penalty, concluding that "a society that fails to adequately protect and defend those who protect all of us is a society that will be undone and unsafe."  Lawmakers in the state have begun discussing drafting a bill that would to reintroduce capital punishment next legislative session.

Amy Wang reports in the WaPo:

Kathleen Kane, once a rising star in Pennsylvania politics, said Tuesday that she will resign as the state's attorney general after she was found guilty of nine criminal charges, including two felony perjury counts.

"I have been honored to serve the people of Pennsylvania and I wish them health and safety in all their days," the first-term Democrat said in a statement the afternoon after her conviction.

Kane, who was elected in 2012, was accused of leaking information to the media about a 2009 grand jury probe as a way to get back at Frank Fina, a political rival and former state prosecutor.

Prosecutors said Kane masterminded the leak and a subsequent coverup -- and then lied to a grand jury about it.

Politicians never seem to learn that the cover-up gets you in more trouble than the original transgression.

When a defendant has gotten off with less than he or she deserves with a plea bargain, it is not a good idea to have the entire judgment vacated and go back to square one.  From the Ninth Circuit's decision yesterday in Fox v. Johnson, No. 13-56704:

Candace Lee Fox pleaded guilty to second-degree murder in 1984 in California Superior Court and, pursuant to a plea agreement, was sentenced to a term of imprisonment of fifteen years to life. Approximately five years later, Fox successfully petitioned to withdraw her guilty plea after establishing that the sentencing court failed to inform her that she would receive a mandatory term of lifetime parole as a direct consequence of her plea. At her subsequent trial, Fox was convicted of first-degree murder, first-degree burglary, and the special circumstance that the murder was committed in the course of a burglary. She was sentenced to life imprisonment without the possibility of parole. In this 28 U.S.C. § 2254 habeas proceeding, Fox now argues that the State originally promised her a term of imprisonment no greater than seven and one-half years in exchange for her plea, and asks for specific performance of that purported agreement.

We refuse Fox's request and affirm the district court, because Fox chose in the state habeas proceedings to seek vacation of her conviction, rather than specific performance of the purported plea agreement. She therefore has no due process right to specific performance of the rescinded agreement.

Let's see if liberals who would end "criminalization" of what they call "minor" offenses can see any relationship between these two stories.  The first is from May 27:

New York City formally passed legislation this week that steers punishment for offenses such as public urination, littering, and drinking in public away from criminal court....[The bill's main sponsor] said on Wednesday that the reform "is going to change trajectories for countless New Yorkers," according to an [AP] report.

Just three weeks before NYU's newest class moves into the area, a group of junkies and crackheads has turned a leafy pathway in Washington Square Park into an open-air drug den -- and the NYPD is doing nothing about it.

As many as 20 strung-out vagrants have taken over several benches in the park's northwest corner, where they openly consume hard drugs just steps from the children's playground, outraged neighbors said.

Answer:  When Barack Obama is handing out clemency to drug felons.  If they were packin' heat on the street corner, well, look, boys will be boys.  

President Barack Obama commuted the sentences of 214 federal prisoners yesterday, part of his ongoing crusade against a criminal-justice system he regularly declares racist and draconian. The White House trumpeted the fact that this was the largest one-day grant of clemency since 1900....

Many of the commuttees possessed stolen firearms or firearms with their serial numbers obliterated. Some were in violation of National Firearms Registration, which can mean possession of a federally prohibited weapon, such as a machine gun, silencer, or sawed-off shotgun. We don't know how many guns the offenders actually had; a commuttee during a previous batch of commutations had 40. 

Nor does the Justice Department's press release disclose the actual incidence of firearm possession by these federal convicts. Gun possession can be used to increase a federal sentence under the federal sentencing guidelines without a prosecutor's actually bringing a formal charge. A gun charge can also be plea-bargained away. Many advocates of criminal-justice reform believe in maximum gun control, yet White House press releases on the president's commutations have been silent on the widespread incidence of illegal gun possession.

Ninth Incident Tied to Phoenix Serial Shooter:  Phoenix, Ariz., police on Wednesday confirmed a ninth incident connected to a "serial street shooter" who has been terrorizing the city since March.  Megan Cassidy of the Arizona Republic reports that the latest incident happened on July 11 when shots were fired into a vehicle in which a 21-year-old man and four-year-old boy were sitting, but neither was injured.  The last known fatal attack was a triple homicide on June 12.  Witness statements indicate that the shooter has access to multiple vehicles, and police released a composite sketch to the public last month.  The victims of the shootings range in age from four to 55.  Seven people, including a 12-year-old, have been fatally shot.

Two Killed, Nine Wounded in One Day Across Chicago:  Two people died and nine were injured in shootings across Chicago on Wednesday.  CBS Chicago reports that in the last shooting of the day, a man and woman were shot when caught in the crossfire of a gang-related shooting, in an area residents say is a hot spot for gang members to sell and stash drugs.  Other victims of Wednesday's violence include a man fatally shot in an apparent road rage attack, a woman shot by one of the two men with whom she was engaged in a verbal argument, a 15-year-old boy standing on a sidewalk, a man who was opened fire on while walking and a 51-year-old man who was shot after he was robbed by two men.  Last month, the city experienced its deadliest July in five years, with 65 killed in shootings.  So far this year, 381 people were killed and 2,394 shot through July.  Wednesday's victims will add to the carnage.

American Arrested for Trying to Recruit for Terror Attack:  A North Carolina man was arrested Thursday following a years-long attempt to recruit people and carry out a terror attack in the U.S. on behalf of the Islamic State.  Maria Biery of the Washington Examiner reports that Erick Jamal Hendricks contacted in the spring of 2015, unbeknownst to him, an undercover FBI agent and told him that he "needed people" and had several "brothers in Texas and Mexico," and asked him his willingness to commit "jihad" and die as a "martyr."  In conversations with other individuals online, Hendricks said his goal was the creation of a sleeper cell where recruits would be trained and housed at secure compounds.  Attacks would then be carried out against U.S. targets, potentially military members.  The undercover agent believed Hendricks' "brothers in Texas and Mexico" were Elton Simpson and Nadir Soofi, the two men responsible for the foiled terror attack in Garland, Tex., in May 2015.  Both men were fatally shot outside the "First Annual Muhammad Art Exhibit and Contest" after opening fire and wounding a security guard.  The agent also believed Hendricks, who was in contact with Simpson and Soofi on social media, was involved in the unsuccessful attack.  Hendricks is facing a maximum of 15 years in prison.

WA Shooter could Face Death Penalty in Deaths of 3 Teens:  A Washington state teen accused of gunning down three other teens last week was charged Tuesday with three counts of aggravated first-degree murder, charges that could result in a death sentence if convicted.  KOMO reports that Allen Ivanov shot and killed his former girlfriend and two men, all 19, at a house party Friday night with an AR-15 rifle he had purchased a week prior.  He told police that he was angry with his former girlfriend, with whom he had broken up with two months earlier, had moved on with her life and was dating other men.  Ivanov faces additional charges of attempted first-degree murder and first-degree assault.  Prosecutors have not said whether the death penalty will be sought against Ivanov if he is convicted.  Capital punishment was suspended in the state two years ago by Gov. Jay Inslee.

TN man to Face Death Penalty in Deaths of 2 Young Sisters:  A Tennessee man will face the death penalty at his trial next year in the 2014 deaths of two baby sisters who were just two-months and 13-months old.  Allie Hinds of WJHL reports that Erick Eugene Jones Jr., who was on probation at the time of Kynsleigh Easterly and Trinity Tweed's deaths, faces two counts of first-degree murder, two counts of aggravated child abuse and aggravated child neglect, and two felony murder charges.  Jones claims that on Dec. 16, 2014 after smoking marijuana and selling some cocaine he discoveried that Kynsleigh had no pulse.  The police were not called until the following morning, and the girls were pronounced dead on arrival at the hospital.  Their autopsies showed blunt force trauma led to their deaths.  Jones' trial is set to begin May 22, 2017.  The girls' mother, Kendra Tweed, is also charged with first-degree murder in the case.

Parents of Police Shooting Suspects Call Out BLM:  The parents of two Pennsylvania teenagers charged with shooting at police officers last week believe they were motivated by the Black Lives Matter movement.  The AP reports that Marquell Rentas, 17, and Trenton Nace, 18, fired several shots at police officers last Friday as the officers approached in their vehicles while responding to a report of shots fired at a cemetery.  During his arrest, Rentas told officers, "I was shooting at you" and cursed at them.  Lancaster County's district attorney said that the shooting does not appear to be racially motivated but believes it stems from anti-police rhetoric, which "creates a greater chance that to have individuals emboldened to take violent actions out on police."  Rentas' mother and Nace's father made statements this week contending that the "irresponsible" Black Lives Matter movement influenced their sons' actions.  The young men, who are cousins, face several charges, including attempted homicide of a law enforcement officer.

The Washington Post features a story today that reflects on policing and African Americans.

Black Lives Matter got traction from a concocted account of the shooting in Ferguson, Missouri  --  that a white policeman, Darren Wilson, shot a black teenager, Michael Brown, even though Brown had his hands up in surrender.

CA Murderer's Death Sentence Upheld:  On Monday, the California Supreme Court upheld the death sentence of a Riverside man convicted in the abduction and murder of an elderly woman and the torture and rape of another 15 years ago.  Ali Tadayon the the Press-Enterprise reports that Bailey Lamar Jackson, 45, has been on death row since 2005 for first-degree murder, and is also serving 212 years to life for charges of attempted murder, torture, rape, burglary and robbery.  On Mother's Day 2001, Geraldine Myers, 81, disappeared and her car was later found containing a bag with her blood on it.  A month after Myers' disappearance, an 84-year-old woman in the same neighborhood was robbed, tortured, raped and left for dead, but managed to call 911.  Jackson was arrested when her stolen television was found in his room.  A few days after his arrest, Jackson was linked to Myers' disappearance when a bloodhound led her handler to to him after sniffing a crumbled envelope Myers kept money in.  Myers' body has never been found.  California has not executed any of its 747 death row inmates in 10 years.

Chicago has Deadliest July in 5 Years:  The Chicago Police Department's new crime numbers show that last month was the city's deadliest July in at least five years.  Diane Pathieu and Laura Podesta of ABC 7 report that last month, 65 people were killed, down from 72 killed in the month of June, and 441 people were injured in shooting incidents.  Murders have increased compared to July 2015, when 53 people were murdered.  Superintendent Eddie Johnson says most of the violence is coming from two or three police districts, with nearly 85% of the shooting victims appearing on the department's Strategic Subjects List, which consists of people who have had prior contact with law enforcement.  So far this year, 381 people have been killed and 2,394 people have been shot across the city.  Additionally, more than 120 gang members have been taken down and 5,000 illegal guns seized.

Border Patrol Website Offers Advice on Eluding Border Patrol:  An advisory on the Border Patrol's website is offering advice to immigrants who want to enter the U.S. illegally and avoid capture.  Fox News reports that under a "sensitive locations policy," safety and sanctuary for illegal immigrants can be found at schools, churches, hospitals and protests, where Customs and Border Protection are barred from enforcing border security.  Media Research Center, one of the many critics of the publicized policy, says that "almost any illegal alien can escape arrest by either walking with a second person (a march), attending some type of class, or finding a nearby church, medical facility or school bus stop."  Dan Stein, president of the Federation for American Immigration Reform, took aim at the Obama administration, which he says has "systematically and maliciously attacked and deconstructed all phases of border enforcement."

Texas Gov Proposes Making Attacks on Police a Hate Crime:  Texas Gov. Greg Abbott last week proposed the Police Protection Act that will change assaults on peace officers to hate crimes.  Emily Blatter of CNS News reports that under the new law, attacking and causing injury to a police officer will change from a third-degree felony to a second-degree felony punishable by a maximum prison sentence of 20 years and a fine of up to $10,000.  Texas state legislature will vote on the bill in their 2017 session.

Those favoring reduced sentences emphasize the moral imperative of giving second chances.  It's "who we are."  We can't judge a person by the worst moment of his life. America has 5% of the world's population but 493% of the world's prisoners.