Results matching “first”

MD Senate Approves Death Penalty Repeal:  Michael Dresser of the Baltimore Sun reports that the Maryland Senate voted 27-20 in favor of Gov. Martin O'Malley's bill to repeal the death penalty Wednesday. The bill is now sent to the House of Delegates where it is expected to pass. It would then be signed into law by the governor. More on MD's death penalty repeal in this News Scan.

CA Realignment Loophole Allows Criminals to Avoid Supervision:  Beatriz E. Valenzuela of the Daily Bulletin reports that a loophole in Governor Jerry Brown's AB109 is allowing criminals to be released early without supervision. California Penal Code Sec. 1170 means triple offenders convicted of "non-serious" crimes will either serve their full sentence in a county jail or serve a split sentence; half in jail and half on probation. Criminals who serve their sentences solely jail are often released early due to overcrowding. Offenders are being released into communities without supervision.

OH Murderer Executed:  Kim Palmer of Reuters reports that Ohio executed Frederick Treesh on Wednesday. Treesh, 48, was convicted of fatally shooting a security guard and wounding a cashier in a 1994 cross-state crime spree. Treesh was the first inmate to be executed in OH this year. Continued from this News Scan.

Supreme Court Denies AZ Request to Lift Stay:  Michael Kiefer of the Arizona Republic reports that the U.S. Supreme Court on Tuesday denied Arizona's request to lift a stay of execution issued for convicted killed Edward Harold Schad. He has been on death row since 1985. Schad's case is further discussed in this blog post and in this News Scan.

WA Bill Seeks to Abolish Death Penalty:  Rachel La Corte of the Associated Press reports that Democratic Rep. Reuven Carlyle of Seattle is sponsoring HB1504 to end the death penalty in Washington state. Carlyle says he does not believe that the bill will pass this year, but hopes it will strengthen death penalty opposition in the state.

CO Bill Would Require DNA Collection for Misdemeanors:  P. Solomon Banda of the Associated Press reports that HB13-1251 was introduced to Colorado's state House on Tuesday to require DNA samples from those convicted of misdemeanors. Currently, CO only requires samples from convicted felons. The bill's sponsors advocate the importance of using DNA to identify violent criminals before more crimes can be committed. If passed, CO will become the second state with such a law. All 22 district attorneys support the measure. The bill is set for consideration in the House Judiciary Committee.

Marc Fisher has this article in the WaPo regarding the dramatic decline in crime since the peak of the 1980s and the puzzlement and debate over the reasons.

It has become de rigueur in such discussions to briefly acknowledge that the tough sentencing reforms of the 1980s and 1990s are a substantial part of the reason but then immediately say something to detract from the import of that conclusion:  "Most studies agree that increases in incarceration explain part of the decline in violent crime, though Solberg and many criminologists say the warehousing of young men convicted of nonviolent crimes causes as many social problems as it solves."  But the people quoted in the story who actually live in a cleaned-up area don't seem to think so.

The result [of housing policies] is a very different population, said Joyce Robinson-Paul, a 32-year resident and the advisory neighborhood commissioner for the area. "The new neighbors are very quiet," she said. But "the real crime problem didn't leave until many of the dealers were arrested and went to jail."

In California, where we have elected a Governor and Legislature who cannot remember history and are determined to repeat it, we are seeing the trend in reverse.  In the FBI numbers for first-half 2012 versus first-half 2011 (a clean before-and-after on the realignment that took effect in October 2011), we see crime increases in California while national figures are flat.

We previously had these posts on the end of the world:

The first end of the world was May 21, 2011, based on a biblical calculation.

The second end of the world was October 21, 2011, based on a revised biblical calculation.

The third end of the world was December 22, 2012, based on the end of the Mayan calendar.

The fourth end of the world was yesterday.  The WSJ has an editorial today titled World Doesn't End, Obama Hardest Hit.  See the first post linked above for the allusion.

NY Cop Killer Given 45 to Life:  Barry Paddock, Oren Yaiv, and Larry McShane of the New York Daily News report that Thursday cop-killer Lamont Pride was sentenced to 45 years to life in prison for the slaying of Officer Peter Figoski in a 2011 armed robbery. Pride, 28, remains unapologetic to the Figoski family. Should Pride seek parole in 45 years, police have vowed to keep keep him behind bars. Continued from this News Scan.

PA State Prison Study Finds 60 Percent Recidivism Rate:  Donald Gilliland of the Patriot-News reports a study of Pennsylvania's state prisons finds six in ten of those released will re-offend within three years. Secretary of Corrections John Wetzel's study, followed released prisoners for over 12 years and found that in the first three years of release six in ten were re-arrested or sent back to prison for new crimes. The findings show younger offenders have the highest recidivism rate, while the most prolific offenders are those convicted for property crimes. It is hoped that the study will aid the Department of Corrections and the Board of Probation and Parole in future efforts at crime reduction.

Manning Enters Plea in WikiLeaks Case:  Medina Roshan of Reuters reports that U.S. Army Private First Class Bradley Manning pleaded guilty Thursday morning to misusing classified material, but not to the more serious charge of aiding the enemy. Manning, 25, is accused of providing classified documents to the WikiLeaks website. He entered guilty pleas to 10 charges of misusing classified information, which carries a maximum of 20 years in prison. Manning's court marshal is set for June 3.

I've been saying this for some time about varying IQ scores for murder defendants, but it's good to read of a credentialed expert actually testifying in court in those words.

The IQ test is a performance test, and it depends for its validity on the subject doing his best.  A person who wants to lower his score can do so by intentionally choosing a wrong answer or even by simply slowing down.  On the other hand, aside from cheating, there is no way to intentionally alter one's score upward. 

Tom Hanks can play Forrest Gump.  Forrest Gump could never play Tom Hanks.

How fast can you run a mile?  If you have various times, and there hasn't been any material change in your condition between them, the fastest time is the time in which you can run a mile.  The slower times probably represent occasions when you were not motivated to do your best.

From a variety of IQ scores, therefore, the high scores are more likely than the low scores to represent a person's true intelligence, particularly if the low scores are made in a context where the person has a incentive to malinger.

Today's News Scan links to this story about Pennsylvania torture killer Ricky Smymes.

[Dr. Leigh D.] Hagan and Dr. Bruce Wright, the psychology department chairman at St. Clair Hospital in Mt. Lebanon, told jurors that Smyrnes scored 81 on two IQ scores when he was an 8-year-old. "You can't fake good," Hagan testified.

Two CA Police Officers Slain:  NBC's Lisa Fernandez, Kyle Bonagura and Erika Conner report that sex offender Jeremy Peter Goulet, 35, shot two officers to death Tuesday in Santa Cruz. Goulet allegedly broke into a co-worker's home on February 22 and sexually assaulted her. He was then fired from his job Saturday. During an investigation into the incident, Goulet opened fire and killed two officers. He was killed in a second gun battle with police about a half-hour later. Goulet had been convicted of carrying a firearm without a permit and voyeurism in Oregon in 2008. The deaths of Det. Elizabeth Butler, and Det. Sgt. Loran "Butch" Baker were the first line-of-duty fatalities in the Santa Cruz Police Department's history.

OH High School Shooter Pleads Guilty:  CBS News and the Associated Press report that T.J. Lane, 18, pleaded guilty to multiple counts of aggravated murder Tuesday in Ohio. Armed with a pistol and knife, Lane, 17 at the time, fired 10 times at students in a high school cafeteria on February 27, 2012; 3 were killed and 3 more injured. Lane pleaded guilty in in order for prosecutors to seek life in prison rather than the death penalty. He will be sentenced March, 19.

Shooter Still Wanted in MI Torture Case: Serena Maria Daniels of the Detroit News reports that two torture killers were sentenced in Michigan Tuesday after pleading guilty. On April 29, 2012, Jason Miller and Terrance Dwight Griggs took part in the torture, murder, dismemberment, and burning of Michael Bostick and Kyra Jordan. A third victim was critically injured but escaped the burning vehicle before being killed. Griggs and Miller pleaded guilty to second-degree murder and weapons charges in exchange for testimony against Keith Anthony Williams, 22, the alleged mastermind and shooter. The original charges against the duo included first-degree murder. A judge and a prosecutor in Michigan believe Williams is still at large.

Debate Continues Over PA Killer's Mental Capacity:  Rich Cholodofsky of the Pittsburgh Tribune-Review reports that mental health experts disagree in the case of Pennsylvania torture killer Ricky Smyrnes. His defense argues that he is not eligible for execution under a 2002 U.S. Supreme Court ruling that exempts defendants defined as mentally retarded from the death penalty. The court's definition for mentally retarded defendants are those with an IQ below 70. Smyrnes has scored above and below 70 on various IQ tests throughout his life.  More on Ricky Smyrnes in this News Scan.

Iowa May Reinstate Death Penalty:  William Petroski of the Press-Citizen reports that 65% of Iowa citizens favor reinstatement of capital punishment in certain cases according to a recent Des Moines Register poll. The poll surveyed 802 adults in the state from February 3-6. The margin of error is 3.5 percentage points. In 1995, the Legislature voted down a bill to allow death sentences 39-11.  Curently, Senate File 167, filed by Republican Sen. Kent Sorenson and 14 other party members, is pending in the Iowa House. The bill would allow the death penalty to be used when a minor is murdered after the criminal commits sexual assault or kidnapping. It has been almost 50 years since the state's last execution. The bill discussed in this News Scan.

FL Killer's Execution Stayed:  Bill Kaczor of the Associated Press reports that an 11th Circuit panel in Florida temporarily stayed the execution of Paul Augustus Howell, 47, set for 6 p.m.today. In his appeal before the court Howell claims that his  trial lawyer had a conflict of interest and failed to discover or present mitigating evidence that may have helped Howell avoid a death sentence. Howell, a drug trafficker, was convicted of killing state highway patrol trooper Jimmy Fulford with a pipe bomb on February 1, 1992.

PA Inmate Kills Prison Guard:  Michael Rubinkam of the Associated Press reports that Correctional Officer Eric Williams, 34, was killed by an inmate Monday at Pennsylvania's Canaan Federal Penitentiary. The unnamed inmate stabbed him multiple times using a homemade weapon. Williams was pronounced dead at a hospital at 11:30 p.m. He was the first federal corrections officer killed on duty in almost five years.

AR Senate Backs Parole Reform:  The Associated Press reports that the Arkansas Senate voted to approve reforms to the state's parole laws Monday. SB 259, passed by a vote of 30-1, will make several offenses ineligible for mandatory parole. These include attempted capital murder, attempted first-degree murder, making a terrorist threat, and aggravated residential burglary and arson.

Supreme Court Hears Challenge to DNA Collection:  The Associated Press reports that the U.S. Supreme Court heard arguments in the case Maryland v. King on Tuesday. The issue is whether or not police can take DNA from arrestees without a warrant. Currently, 28 states and the federal government take samples from people arrested, regardless of proving guilt or innocence. A decision will be made later this year. The case is discussed by CJLF Legal Director Kent Scheidegger here, and in this News Scan.

CA Parolees Continue Removing Tracking Devices:  Paige St. John of the Los Angeles Times reports, enhanced by this article by Jessica Chasmar of the Washington Times, that thousands of California child molesters, rapists, and other sex offenders have been released under AB 109 have been tampering with or removing their tracking devices. Arrest warrants for such cases went up by 28 percent to about 3,400 in the first year after Realignment. Investigations have found that parole violators in some jurisdictions are set free in less than 24 hours. Continued from this News Scan.

OR 2014 Ballot May Include Death Penalty Repeal Measure:  Jonathan J. Cooper of the Associated Press reports that Oregon's House Judiciary Committee will hear testimony Tuesday for a measure to abolish the state's death penalty. The measure's sponsor, Democratic Rep. Mitch Greenlick, hopes to get it on the 2014 ballot. A similar measure, Proposition 34, was rejected last year in California. The CJLF's statement on the defeat is here.

CA Parole Board Backs Santa Rosa Killer's Release:  Chris Smith of the Press Democrat reports that the California State Parole Board voted Wednesday to release murderer Roger Lee Hill. His parole was denied multiple times in the late 1990s. He was convicted of the Nov. 23, 1980 murder of Ralph Currier, 47, in Santa Rosa. Barring an overturn or amendment from the Governor, Hill could be free in June.

CA Death Penalty Sought for Halloween Killer:  Sarah Burge of the Press-Enterprise reports that alleged killer Marquise D. McGlown will face the death penalty in California if convicted. McGlown, 22, is accused of the rape and murder of Shanae Wesley, 23. Prosecutors say that on Oct. 31, 2012, shortly after meeting through a mutual acquaintance, McGlown stole Wesley's keys. Soon after, he returned to the apartment where she and her 3-year old son were living. He raped and murdered Wesley, then set the apartment on fire in an attempt to cover his tracks. Wesley's son was rescued by neighbors. McGlown has pleaded not guilty and is being held without bail.

CA Gang Member Sentenced to Death:  KESQ News reports that gang member Emilio Manuel Avalos, 35, was sentenced to death Friday in California. Avalos killed Marine Cpl. Henry Lozano, 20, on Dec. 19, 2001. He had also fatally shot Jahi Collins, 17 on Dec. 21, 1994. In addition, Avalos was convicted for the attempted murder of Bobby Wilson, Collins' friend, who was paralyzed after the attack.

TX Student Arming Neighborhoods to Reduce Crime: CBS News reports that graduate student Kyle Coplen, founder of the Armed Citizens Project, is giving single-shot shotguns to qualified residents in major crime areas in Texas. Coplen wants to see what effect the presence of more guns will have on crime rates in mid to high crime level neighborhoods. The group is looking to see if there is a causal link between rates of gun ownership and crime.

CA Robber Charged in TN Double-Homicide Cold Case:  Fox News reports that Patrick Lamonte Streater has been charged with the 1996 murders of two 18 year old women in Tennessee. Streater, 37, allegedly fatally stabbed Melissa Chilton and Tiffany Campbell over 100 times. Recent evidence points to Streater as the killer. Streater is currently serving a 12 year sentence in California for a 2002 series of violent robberies in Sacramento involving elderly women.

CO Ridgeway Killer Facing Additional Charges:  P. Solomon Banda of the Associated Press reports that alleged Jessica Ridgeway Killer, Austin Sigg, is facing three additional sexual exploitation charges. Sigg is also charged with murder, sexual assault, kidnapping, and robbery. More on Sigg and his crimes in this News Scan.

MT Upholds Death Penalty:  The Billings Gazette reports that Montana's House Judiciary committee rejected HB 370, a proposal to ban the death penalty on Friday. Backers are expected to seek debate on the House floor. Another bill trying to end the state's death penalty failed in the same committee two years ago.

MD Death Penalty Repeal Faces Senate Vote:  Michael Dresser and Erin Cox of the Baltimore Sun reports that Maryland Gov. Martin O'Malley's SB 150 to repeal the state's death penalty has passed 6-5 in the Senate Judicial Proceedings committee. The state carried out its last execution in 2005. It currently has five convicted murderers on death row. According to a recent poll, MD voters favor the death penalty. Of those surveyed, 48 percent oppose repeal, while 42 percent are in favor. The bill is expected to pass when it is brought to the Senate floor next week.

GA Executes Double-Killer, Without a Prescription:  Rhonda Cook of The Atlanta Journal-Constitution reports that convicted killer Andrew Cook was executed in Georgia on Thursday, after his appeal that he needed a doctor's prescription to be executed, was rejected by the U.S. Supreme Court. He was pronounced dead at 11:22 p.m. The story is further discussed in this News Scan.

TX Executes Man Who Burned Ex-Girlfriend:  Michael Graczyk of the Associated Press reports that Carl Blue was executed Thursday in Texas after the Supreme Court rejected his last appeal. Blue, 48, set his ex-girlfriend, Carmen Richards-Sanders, on fire after throwing gasoline on her at her apartment in September, 1994. He also burned a man, Larence Williams, who was with her at the apartment. Williams survived the attack and later testified. Blue's execution is the first in TX this year.

CA Continues Moving Prisoners Out of High-Security Units:  Paige St. John of the Los Angeles Times reports that California prison officials are moving more prisoners out of secure housing units. The state began a trial program that allows prisoners to leave the units after four years. Spokeswoman Terry Thornton said the Department of Corrections and Rehabilitation has reviewed 144 high-security inmates allegedly associated with prison gangs. Of those, 78 were released into the general prison system, and 52 were placed in the trial program. Seven of the inmates have been retained over concerns for their safety. An additional 10 have agreed to provide gang activity information to investigators.

CA Killer Put on Death Row For Second Inmate Murder:  Jennie Rodriguez-Moore of the Record reports that John Joseph Lydon, convicted of killing two inmates while serving a sentence for a robbery/murder, has been sentenced to death. Lydon joins approximately 725 other inmates on death row in California where no executions have been carried out since 2006. Continued from this News Scan.

GA Court Stays Another Execution:  Rhonda Cook of the Atlanta Journal-Constitution reports that the Georgia Court of Appeals issued a stay in the execution of Andrew Cook on Wednesday, while it considers Cook's claim that a doctor's prescription is needed for the prison pharmacy to allocate the lethal injection drug pentobarbital. Cook was sentenced to death for fatally shooting two college students chosen at random in 1995. If the court lifts the stay by Feb. 28, Cook could be executed within weeks. This story is further discussed in this News Scan.

FL Bill Would Make Gang Membership an Aggravating Circumstance:  Walter C. Jones of the Morris News Service reports that Florida Rep. Barry Fleming introduced a bill Wednesday that would add gang membership as an aggravating circumstance in death penalty cases. He hopes the bill will bring attention to the growing problem of gang violence. According to Fleming, as much as 90% of crime is gang related.

Japan Executes 3 Killers:  The Associated Press reports that three murderers were hung Thursday in Japan. The executions are the first under Japan's new administration, which took office last December. Al Jazeera News reports that the executed were Kaoru Kobayashi, 44, Masahiro Kanagawa, 29, and Keiki Muto, 62.  Kobayashi kidnapped, sexually assaulted, and killed a 7-year-old girl in 2004. He sent a photograph of the victim's body to her mother. The girl was found dumped in a gutter.  Kanagawa killed one and wounded seven in a knife attack in Tokyo in 2008. He murdered another man the same year.  Muto robbed and strangled a bar owner in 2002. Polls show that the majority of the Japanese public support the death sentence despite criticism by the European Union and human rights groups.

James Huffman, dean emeritus at Lewis & Clark Law School, has an op-ed in the WSJ titled Perverse Incentives of the Lawyers Guild.  It has nothing to do with crime, but it is a good example of why the American Bar Association, a private organization unaccountable to the public, should be given no standing whatever in the exercise of government power, an issue that comes up frequently in right-to-counsel cases.

From reading the opinions in Chaidez v. United States this morning one thing becomes very clear.  Justice Kagan understands the rule of Teague v. Lane.  Justice Sotomayor does not.  It's not just that she misapplies it in a close case.  She genuinely fails to understand what it is about.

Once upon a time, judges pretended that they did not make law but merely discovered what the law had always been.  Once we got past that conceit, judges had to grapple with the question of when changes made through case law would apply retroactively.  Initially, the Warren Court came up with a subjective, hard-to-predict approach that sounded more like legislating than adjudication.  That was the Linkletter-Stovall rule.  Justice Harlan went along at first but later proposed a more categorical approach.  All new rules of procedure would apply to cases on direct review, but not on habeas corpus to cases where the judgment has already become final on appeal.  The Supreme Court adopted the first half in Griffith v. Kentucky in 1987 and the second half in Teague v. Lane in 1989.

When is a rule "new"?  The Supreme Court adopted an expansive definition.  A rule is new if it was not dictated by precedent existing at the time the judgment became final.  A rule can be a logical extension of existing principles and precedents and still be "new" for Teague.  This is the part Justice Sotomayor apparently doesn't get.

A:  Children suffer and lives get ruined.

The main reason to keep the death penalty is that it's the only fitting punishment for some grotesque crimes. Another reason is illustrated by this story from the AP.  It's about a woman, now 38, who, at 16, lured a man she didn't know to an abandoned house, where he was knifed to death in order to get his wallet.  

The woman, Barbara Hernandez, is  -- one would think from the story's woozy opening paragraphs  --  Joan of Arc's first cousin.  This is how the article (and it's presented as an article, not an op-ed) begins:

More than 21 years after she went to prison, Barbara Hernandez enters the cinderblock visitation chamber at the Women's Huron Valley Correctional Facility in the turquoise blouse with applique flowers she keeps for special occasions. Her makeup is carefully applied but cannot hide the age lines that spread, thin but unmistakable, from the corners of her eyes.

"Thank you for coming," the 38-year-old inmate says softly. Her eyes, chestnut and brooding, are offset by a gentle smile. She holds out a hand in welcome.  

Are we getting the picture?

And in that moment it is up to the visitor to begin weighing the choice the gesture offers: Is this the hand of a criminal who lured a man she'd never met to a brutal death and must be locked away forever? Or does it belong to a long-ago girl, who left home in rural Michigan at 14 only to end up in an abandoned house outside Detroit with a boyfriend who pimped her, and who now deserves a second chance?

Anyone wanna take a crack at that toughie?  Yikes.  And, yes, this is what passes for journalism.

This sort of story needs to be understood less for its propaganda value as an NACDL adjunct, and more  as a tactic and an illustration of a broader, and very worrisome, Movement:  The Movement to dumb down sentencing across the board. Among its main tools are carefully molded sentiment, manipulation, and concealment. After the break, I describe specifically how it works.

As noted in yesterday's post, the Texas Attorney General filed a writ of mandamus under the Crime Victims' Rights Act to get a federal district judge to decide a long-delayed successive habeas petition in a capital case.  The statute requires the Court of Appeals to decide within 72 hours.  Given that deadline falls during the weekend, it would be pushed back to the next business day, which is Tuesday.

Today, the district judge decided the case, mooting the petition.  The opinion is here.  Ladd is not retarded.  Petition denied.

In footnote 1, the judge notes defensively, "The court acknowledges the Director's complaint about the court's delay in deciding this case. However, because of the court's caseload, the undersigned judge must often choose between thoroughness and timeliness. In order to be thorough and careful, the court may, on occasion, set aside complex matters for an extended period due to the weight of the court's caseload."

The caseload excuse doesn't cut it.  A case where justice is being delayed for the very worst kind of murder is priority one.  All or nearly all of the other cases are lower priority.

Nonetheless, I know there is a caseload issue in federal district courts.  So here is a case management tip for federal judges.  If you have too much to do, stop doing things Congress and the Supreme Court have told you that you shouldn't be doing.  Like misusing habeas to retry state criminal cases.  Your job is only make sure there hasn't been a major malfunction of the state court system, not to pick at specks and not to overturn any result you would have decided differently had it been your case in the first instance.  It isn't.

Cullen v. Pinholster merely confirmed what should have been obvious on the face of the statute.  You apply §2254(d) at the threshold on the state court record.  Did the state court resolve the petitioner's claim on the merits?  If so, did it completely botch it, rendering a decision so obviously wrong that it is beyond serious dispute.  If so, it won't take much time to decide.  A decision that wrong practically screams off the page.  If not, deny that claim. 

If all claims are denied this way, procedurally defaulted, or just plain garbage (not exclusive categories, BTW), deny the petition.  Even in capital cases, state-prisoner habeas petitions needing discovery and evidentiary hearings should be the exception, not the rule.  Most should be denied on the pleadings within months, not years, of filing.

PA Convicted Killer May Face Death Penalty:  Ashlie Hardaway of WTAE reports Ricky Smyrnes, 26, was found guilty Thursday of first-degree murder in Pennsylvania. Smyrnes and five accomplices brutally tortured and killed Jennifer Daugherty, a 30-year old mentally disabled woman. Smyrnes will face either a lifetime prison sentence or be executed. Continued from this News Scan.

TN Killer Asks Federal Court For Mercy:  Jamie Satterfield of the Knoxville News Sentinel reports Christa Gail Pike has petitioned a federal court to stay her execution in Tennessee. Pike was 18 when she and two others murdered 19-year-old Colleen Slemmer in 1995. Along with Tadaryl Shipp, 17, and another friend, Pike lured Slemmer to an unobserved area at a university. Slemmer was bludgeoned, and attacked with a box cutter and meat cleaver. Pike saved a piece of her skull as a trophy. Shipp is serving life in prison. The other accomplice divulged crucial information and is on probation.

Former Governor of NY Denied Immunity:  The Wall Street Journal reports  the 2nd U.S. Circuit Court of Appeals in Manhattan denied Gov. George Pataki and his colleagues in their bid for immunity from a lawsuit. The former governor is being sued over allegations that prisoner transfers to psychiatric facilities done without hearings were unconstitutional. Part of the involuntary process involved invasive tests on prisoners' arousal patterns. In November 2006, the program was discontinued when a state court ruled that the proceedings were wrongfully done.

OR Police Allowed To Review Phone Video Without Warrant:  Dan Tilkin of KATU News reports  the Gresham Police Department in Oregon has declared phone seizure without a warrant is legal under certain circumstances. The statement comes after Carrie Medina was recording a man resisting arrest, and denied a Gresham transit officer access to the recorded evidence on her phone. The officer removed the phone from her possession to review the evidence. Gresham PD Spokesman Lt. Claudio Grandjean said that in such cases where recorded evidence can be deleted so quickly, an officer does not need a warrant.

$24M Mental Health Center for Prisoners Opens in CA:  KCRA reports a $24 million mental health treatment facility has opened in Vacaville, California. The state Department of Corrections and Rehabilitation invested over $1.3 billion since 2009 for CA inmate mental health. Corrections Secretary Jeffrey Beard hopes the center will prompt federal oversight of the state's correctional system to end.

MI Democrats Seek to Remove Assault Weapons:  Joe Newby of The Examiner reports Democrats in Missouri have introduced a bill that would give owners of assault weapons 90 days to turn them in, disable them, or remove them from the state. Under H.B. 545 failure to comply with the regulations would result in a Class C felony, carrying a potential sentence of up to seven years in prison. The bill is not expected to pass, but is seen as a test of public opinion for future gun control bills.

CA Inmate Killer May Face Death Penalty:  Jennie Rodriguez-Moore of The Record reports that convicted killer John Joseph Lydon, 39, may face the death penalty for his second in-prison murder. Lydon strangled and bludgeoned cellmate and convicted child molester John Guy Alexander to death in 2010. He was already serving consecutive sentences for a robbery turned fatal, and killing another child molester cellmate in 2004. He was convicted of first-degree murder on Jan. 29. The penalty phase of the trial started Wednesday.

FL Jury Recommends Death Penalty in Double Homicide Case: Elaine Silvestrini of The Tampa Tribune reports that on Tuesday, a jury recommended the death penalty for Khalid Ali Pasha, convicted of the 2002 murder of his wife and stepdaughter. Pasha, 69, was found guilty after a re-trial last month of bludgeoning and stabbing the pair to death. In 2010 the Florida Supreme Court overturned Ali Pasha's 2007 conviction because the trial judge did not allow him to represent himself.  In the re trial he was allowed to act as his own attorney. The prosecutor sought the death penalty for the cruel manner of the killings. At the time of the murders Pascha was on parole for armed robbery.

Changes to CA Three Strikes Law Bring Consequences:  Tracy Kaplan of the Contra Costa Times reports that due to California's Proposition 36, inmates previously sentenced to life terms are being released with little supervision or services.  Under the new law about 3,000 inmates are eligible to petition for early release. But with both Prop. 36 and the Governor's Realignment there are no provisions for monitoring these repeat offenders upon release. About 38 percent of those eligible were being treated for mental issues in prison.  Upon release they will have no mental health resources.

CA Governor Rejects Murderer's Parole Bid:  Brian Charles of the Daily Bulletin reports that California Governor Jerry Brown has overturned a state parole board decision to release Robert Butler. Butler was convicted of killing high school coach Robert Jones and student Ronald McClendon in 1985.  Jones, a known sexual predator, had been living with Butler on and off for two years when Butler shot and killed him and McClendon at their apartment. The decision is being praised by the victim's families.

NY Cop-Killer Escapes First Degree Murder Charges:  Oren Yaniv and Corky Siemaszko of the New York Daily News report that cop-killer Lamont Pride, 28, has escaped a first-degree murder conviction in the killing of NYPD officer Peter Figoski. He was convicted Monday of second-degree murder, burglary and aggravated manslaughter, which carries a 25 to life sentence. Pride will be formally sentenced on February 28.  While he could someday become eligible for parole, NYPD officers vowed to attend any parole hearing to encourage a decision keeping him behind bars.

The parents of Hadiya Pendleton, murdered at the age of 15, were present as President Obama delivered his State of Union speech last night.  Would Hadiya's tragic murder have been prevented by any of the measures Mr. Obama proposed?  Probably not.

Would a ban on assault weapons have prevented this crime?  No, the killer probably used a revolver.  Would background checks have helped?  Probably not, despite what the expert interviewed in the preceding link says.  Extending background checks to gun shows or even to private sales by law-abiding individuals won't stop criminals from getting them through black-market sales or just stealing them.  (I am not against background checks.  I just don't think they will have a large effect on crime rates.)

So what does work?  Mostly measures that are opposed by the same people calling for these ineffective measures.  First, locking criminals up works.  Jason Meisner of the ChiTrib reports:

The reputed gang member accused of gunning down 15-year-old Hadiya Pendleton last month was on the street even though he had been arrested three times in connection with break-ins and trespassing while on probation for a weapons conviction in recent months, the Tribune has learned.

In two of those arrests, including one just 2 1/2 months ago, Cook County probation officials failed to notify prosecutors or the judge that Michael Ward had been arrested on the new misdemeanor charges and allegedly violated his probation.

The head of the county's probation department acknowledged Monday that his office fell short in its responsibilities and vowed to find out what went wrong.

If they hadn't "fallen short" in locking up this criminal, Hadiya would be alive.

Another measure that works is the proactive policing of the kind New York City uses over the vehement opposition of the Politically Correct.  Holman Jenkins has this column in the WSJ:

There's a new Gallup poll out showing which states are the most and least religious. The full list is here.

Manhunt for Cop-Shooter Continues: The L.A. Times reports that Christopher Dorner, suspected of killing three people and injuring two, was still on the loose Friday. Various cities mentioned by Dorner in his Facebook manifesto have been placed on alert as the search for the ex-cop expands. Cities in California, Utah, Florida and elsewhere have been alerted as potential targets. Federal, state and local authorities in California and Nevada have intensified their search after Dorner's torched vehicle was found near the Big Bear, CA resort area.

Convicted Killer To Be Released in OR: Nicole Doll of Fox News reports that convicted killer, Scott William Cox, will be released from Deer Ridge Correctional Institution in two weeks. Cox, 49, has served approximately 20 of his 25 year sentence. Found guilty, after pleading no contest, to the 1990 murder of Reena Ann Brunson and the subsequent 1991 murder of Victoria Rhone.  He escaped aggravated murder charges when a judge ruled his confessions invalid. A long-range truck driver, Cox has been suspected in up to 20 unsolved murders throughout the country. On February 22 he will be transferred to a Yamhill County jail, living there as a boarder, where he will be able to come and go at his leisure. Police are highly concerned at his return to the county where he was first arrested for murder, and say they will monitor the high-risk offender closely.

Parolee Suspected in OK Quadruple Homicide: Tulsa World's Cary Aspinwall reports Cedric Dwayne Poore was arrested for violating parole and is suspected in the January 7 murder of four women. Poore, a convicted felon, was found guilty of a misdemeanor parole violation in early October. The warrant for his arrest, delayed by paperwork, revisions, and approvals, arrived in Oklahoma City on December 11, but wasn't returned to Tulsa until two weeks later. Poore and his brother James, also a suspect in the shooting, are being held without bail in the Tulsa Jail.

FL Anti-Death Penalty Bill Off The Table for 2013: Rick Stone of WLRN reports that a bill aimed at abolishing Florida's death penalty has been rejected for the 2013 legislative session. The House Criminal Justice subcommittee denied the bill on Thursday. Sponsor, State Rep. Michelle Rehwinkel Vasilinda, says she will reintroduce it in 2014, as she has every year since 2011. In response, House Criminal Justice subcommittee chairman Matt Gaetz hopes to find ways to shorten death penalty delays. Florida's death penalty is widely cited as an effective deterrent with popular support. State prisons have seen a decline in recidivism, hailing the combined effect of capital punishment, with emphasis on the education, job training and drug rehab programs provided. Prison admissions have dropped by 21 percent over the last 4 years.

AP reports on the case of Christopher Sepulvado:

Sepulvado was convicted of first-degree murder for the 1992 killing of [6-year-old] Wesley Mercer [his stepson] at his Mansfield [Louisiana] home.

Court records say Sepulvado repeatedly hit the young boy on the head with a screwdriver handle and then immersed him in a bathtub filled with scalding water that burned 60 percent of his body. The boy had come home from school with soiled pants.

U.S. District Judge James Brady has stayed Sepulvado's execution because of fears he might suffer pain.

No, the state is not going to beat him over the head and scald him with hot water.  They plan to give him a single overdose of barbiturate.  But the judge thinks the state has to provide details to litigate this.  The single-drug method simply does not present the danger of extreme pain that was at issue in the litigation over the three-drug method.  Litigating it should not be the "new normal."

At this time it is not clear if the state will appeal or just provide the information and set a new date.  I'm not sure how dates are set in Louisiana, so the latter course might be the better one.

Regular readers know that I'm no fan of wimpy sentencing, and that I've had it with the every-excuse-in-the-book style of defense lawyering.  But there are limits.  DOJ went well beyond them when it sought a life sentence for an Amish bishop convicted of conspiracy to forcibly cut beards.

No, that is not a typo, and I didn't get this out of the Onion.  The story is here, in the Cleveland Plain Dealer.

Bishop Samuel Mullett is not Mr. Nicey, according to the government's sentencing memo.  The story reports that, in addition to leading the beard-cutting conspiracy for which he was convicted, prosecutors "characterized Mullet as an iron-fisted bishop who exerted total control over his flock: He censored his followers' mail, had sex with married women under the guise of marital counseling, endorsed bizarre punishments such as confinement in chicken coops and spankings, and laughed at the attacks, which were driven by a crusade to punish those who spurned his teachings."

Those are bad things, and if they are true, they are properly taken into account in federal sentencing, see   18 U.S.C. 3577 (authorizing the court to take account of all relevant information about the accused).

But life?  Is this guy Ted Kaczynski?  Zacarias Moussaoui ?  Not exactly.  How does DOJ wind up recommending life for the ring leader in a beard-cutting conspiracy?

They might just be smoking weed, but I suspect something else, less groovy and more ominous, is at work. 

Bakersfield Crime Surges After Realignment: Bakersfield Now News reports the Bakersfield Police Department saw overall crime spike in almost all crimes in the city in 2012. The 2012 overall crime rate for Bakersfield was 556 reported crimes per 10,000 citizens, compared to 475 in 2011. Crime had been dropping over the past five years.  In the first full year after the implementation of Realignment, homicides increased to 34 from 18 in 2011. Of the 2012 murders, 15 were gang related.  Crime increases in 2012 included rape by 43.6 percent, robbery by 23.4 percent, larceny by 17.4 percent, burglary by 15.6 percent, and auto theft by 35.7 percent. The only exception was the 9.5 percent decrease in assaults. Assembly Bill 109 has transferred dangerous criminals to overcrowded county jails, leaving many on probation due to lack of space.  According to the Kern County District Attorney's Office, crime for the entire County increased by 15 percent compared to 2011. Kern County District Attorney Lisa Green blames the rise in crime on Governor Jerry Brown's Realignment.

PA Death Sentence Sought Torture Killing: WTAE Pittsburgh reports that alleged killer Ricky Smyrnes, 26, is facing the death penalty for the February 2010 murder of mentally disabled Jennifer Daugherty, 30.  Monday, a judge rejected a defense attorney's claim that his client cannot face execution due to mental problems and a low IQ.  Last year, one accomplice,  Melvin Knight, pleaded guilty to the murder and received a death sentence.  Amber Meidinger, testified that Knight stabbed Daugherty and then, with Smyrnes' assistance, choked her to death with a strand of Christmas lights. Another accomplice, Angela Marinucci, is serving a life term for her role in killing Daugherty. Crime details are in this News Scan. Two others in the apartment, Peggy Sue Miller, 30, and Robert Masters Jr., 39, are accused of failing to stop the killing. They will stand trial but will not face the death penalty. Smymes' trial is expected to last approximately four weeks.

TX Execution Date Set for Killer: KWTX Waco reports that an execution date of May 7 has been set for convicted killer Carroll Joe Parr, 35. Parr was sentenced to death on May 26, 2004 for the Jan. 2003 fatal shooting of Joel Dominguez, 18. Another teen, Mario Chavez, 18 at the time was also shot, but survived. Parr and Earl Whiteside demanded the two teenagers' wallets, shooting them after they told their assailants they had no more money. The shootings happened outside of a North Waco convenience store, during an apparent drug deal. Whiteside pleaded guilty for his role in the shootings in March 2004.

Parole Hearing Set for MA Child Killer: Fox News Boston's Bob Ward reports that the Massachusetts Parole Board has set March 19 as the hearing date for Charles Jaynes. He was convicted in 1998 on second-degree murder and kidnapping charges. A year earlier Jaynes and Salvatore Sicari were convicted of abducting Jeffrey Curley, 10, near his home. The boy resisted Jaynes' sexual advances and was suffocated to death with a gasoline soaked rag.  After Curley died, his body was taken to an apartment and sodomized. The body was found at the bottom of a Maine river stuffed in a container. Sicari was convicted of first-degree murder and is currently serving a life sentence with no possibility of parole. The case nearly resulted in a reinstatement of the death penalty by the state legislature, but the bill failed to pass by a single vote. This will be Jaynes' first chance for parole.

Racist GA Killer's Insanity Plea Rejected: Erica Ritz of the Blaze reports that Nkosi Thandiwe was sentenced Thursday to life without parole in Georgia. Thandiwe avoided the death penalty by admitting to a shooting spree in July 2011 which resulted in the death of Brittany Watts, 26.  He also shot bystanders Lauren Garcia and Tiffany Ferenczy, both 24. Garcia was left paralyzed. At trial Thankdiwe blamed his crimes on the University of West Georgia for teaching him about European colonialism and slavery. He asserted that he intended to make white people "answer for slavery." All three victims were white. Thandiwe's lawyers tried to broker a plea of not guilty by reason of insanity. Fulton County Assistant District Attorney Linda Dunikoski compared Thandiwe's racist ideology to ideas held by the Ku Klux Klan, and refuted the suggestion that "race disorder" was a mental illness.

CA Inmate Attacks Correctional Officers in Prison: The California Department of Corrections and Rehabilitation reports that prison inmate Tavis Ray Thompson, 36, attacked a correctional sergeant Saturday. Thompson slipped off his cuffs while in the shower and assaulted the sergeant using a sharpened piece of aluminum attached to a cardboard handle. In addition to inflicting several wounds on the sergeant, Thompson injured the two other officers who subdued him. Thompson is serving a 55-years-to-life sentence for multiple crimes including assault with a deadly weapon, aggravated battery by a prisoner, assault with a firearm and various other assault charges.

WA Prosecution Will Seek Emergency Review of Anti-Death Penalty Ruling: John de Leon of the Seattle Times reports that the King County Prosecuting Attorney's Office will ask for an emergency Appellate Court review of a January 31st ruling by Judge Jeffery Ramsdell barring the death penalty as an option for two alleged killers.  Michelle Anderson and Joseph McEnroe. are charged with the murders of six people including two young children. Judge Ramsdell ruled the prosecution will not be allowed to seek the death penalty in the case due to what he considered to be improper protocol in their decision process. The ruling has been fiercely criticized by the Seattle Times' readership and by the prosecution. No specific date has been set for the appeal, but the prosecution has said their argument will be filed shortly. Continued from this post from Kent Scheidegger.

Southern CA Police Chiefs Blame AB109 for Crime Spike: Brian Day of the San Gabriel Valley Tribune reports that southern California police chiefs are experiencing increases in the arrests of suspects who have been released to counties under Realignment.  Implemented in October 2011, Assembly Bill 109 has allowed thousands of convicts classified as non-serious, non-violent and non-sexual offenders to be placed into county jails rather than state prisons. In Glendale alone, approximately 40 percent of convicts released under AB 109 go on to commit new offenses. Glendale Police Chief Ronald De Pompa has called the policy dangerous, noting that it has made crime more difficult to control. The new law sentences parole violators to six months in county jail rather than the previous one year in prison. They are then eligible for release after serving half of the sentence. Law enforcement officials stress that the already strained county system will not be able to supervise the offenders with proper effectiveness and warn that the result will be rising crime rates statewide over the next five to 10 years.

Orange County to Resume Death Penalty Trials: Larry Welborn of the Orange County Register reports that Orange County has ten death penalty trials scheduled in 2013, after holding no capital trials in 2012.  A homicide prosecutor credited the dry spell to defense efforts postponing trials until Californians voted on Proposition 34, which would have abolished the death penalty. After voters rejected the measure the delays ended.  In addition to abolishing future death sentences, Proposition 34 would have converted the death sentences of the county's 61 death row inmates to life without parole.  The first sentencing trial will be held for Jason Balcom who was convicted last year of the brutal 1988 murder of housewife Malinda Gibbons, 22. 

Jerry Brown Pardoned 128 Convicts in 2012: David Siders of the Sacramento Bee reports in 2012, California Gov. Jerry Brown pardoned 128 convicts, six times more than in 2011, and far more than any governor has granted in years. Comparatively, Gov. Arnold Schwarzenegger made only 16 pardons throughout his entire time in office. Gov. Gray Davis granted no pardons at all. The majority of those pardoned by Brown were convicted of drug offenses or of property crimes. However among some beneficiaries were convicted of manslaughter, assault with a deadly weapon, and statutory rape. In addition to the pardons, 79 of which were announced on Christmas Eve, Brown also commuted the prison sentence of Shirley Ree Smith, convicted of shaking her infant grandson to death in 1997.

Gov. Brown May Release Manson Family Member: CNN's Michael Martinez and Kyung Lah report that California Gov. Jerry Brown is deciding whether or not to grant parole to convicted killer, and former Manson Family member, Bruce Davis, 70. The state parole board sent Brown's office a formal recommendation Friday. The first-degree murders of Gary Hinman and Donald "Shorty" Shea were committed in 1969. Davis has been serving a life sentence since April 21, 1972. Davis' last parole recommendation was reversed by Gov. Arnold Schwarzenegger in 2010. Brown must make his decision on the recommendation by March 3.

India's President Approves Death Penalty for Gang Rapes: The BBC reports India President Pranab Mukherjee approved a new laws Sunday which allows death sentences for cases of rape where the victim later dies or is left in a vegetative state.  . The laws also requires a minimum 20 years to life sentence in cases of gang rape, rape of a minor, rape by a policeman or another person in authority. The new laws also includes stalking, voyeurism, and acid attacks. The decision comes in the wake of the vicious gang rape by six men of a 23-year-old woman riding home on a bus in New Delhi on December 16, 2012. The student died of trauma two weeks after the brutal attack described in this News Scan. Five of the suspects pleaded not guilty in the case. The sixth suspect, 17, will be tried as a juvenile. The amendments to the law are currently active. However, a bill must be submitted by the parliament within six weeks after the new session begins on February 21. The new laws will cease to be valid if the bill is not passed.

The Washington Post has a piece today asking for a respite from the seemingly ubiquitious cry for a "national conversation."  I hardly agree with everything the piece says, but I agree for sure with its principal idea, to wit, that the demand for a "national conversation" about X is never really an entreaty for an exchange of ideas  --  which is what one would ordinarily take "conversation" to mean  --  but a demand for immediate surrender to whatever agenda the "conversation" is supposed to be about.

What makes this relevant here is that the demand for a "national conversation" has cropped up in the last year about two prominent criminal law issues: the death penalty and drug legalization.

When Washington and Colorado passed referenda three months ago legalizing some forms of recreational marijuana, pro-pot organizations far and wide proclaimed that the door had been opened to a "national conversation" about how nifty it is to get stoned the Founders' vision of individual freedom.  Similarly, when Connecticut prospectively abolished the death penalty, it was time for a "national conversation" about how the justice system is suffused with racism, sexism, barbarism and the other ususal suspects (and thus that it's time for national abolition).

The call for a "national conversation" on these things is dishonest in two particularly galling ways.  First, it's not about a "conversation" at all.  It's the opposite: It's a demand that the rest of us shut up and listen to a monologue by the chattering class concerning how rancid the criminal justice system is.  Second, the inevitable tag line to the demand for a "conversation"  --  that it's "long overdue"  -- is an unintended but hilarious burlesque of liberal blathering.  The "conversation"  --  nay, flaming debate  --  about both drug legalization and the death penalty has been going on for decades.  What the chattering class really thinks is "overdue" is heads-bowed surrender to its dictates.

Trial Judge Throws out Death Sentence: Steve Miletich of the Seattle Times reports that on Thursday in Washington a judge denied a prosecution motion to seek death sentences for Michele Anderson and ex-boyfriend Joseph McEnroe. Anderson and McEnroe have been charged with six counts of aggravated murder each in the brutal slayings of Anderson's parents, 60 and 61, brother and sister-in-law, both 32, her niece, 5, and three-year-old nephew. The victims were shot to death at her parents' Washington home on Christmas Eve 2007. The ruling rejecting the death penalty rests on a 13-page order from Superior Court Judge Jeffrey Ramsdell who asserted that the prosecution should only consider a death sentence if mitigating circumstances, not the strength of evidence, are a factor. The prosecution has described the decision as having blindsided them, and as wrong. They not only cite concerns for justice for the victims, but also the potential impact on other aggravated murder cases. They promised to appeal.

OR Convicts Attempted Car Bomber in Terrorism Plot: Kirk Johnson of The New York Times reports that on Thursday, Mohamed Osman Mohamud, 21, was convicted of attempting to use a weapon of mass destruction in Oregon. In 2010, he was arrested in an F.B.I. sting operation targeting Islamic terrorism. Mohamud attempted to set off what he believed to be a car bomb at a Christmas tree lighting ceremony in downtown Portland. Had the bomb been real, about 25,000 people would have been packed into its blast area. After a day of deliberation, the jury rejected Mohamud's claim of entrapment. Mohamud faces a maximum sentence of life in prison and will be sentenced by Senior Judge Garr M. King on May 14. Continued from this News Scan.

Death Sentence for Rapist, Murderer: CBS News reports that Miami-Dade Circuit Judge William Thomas has sentenced Joel Lebron to death for the first-degree murder of Ana Maria Angel, 18. In April 2002, Lebron, with the aid of four accomplices, kidnapped, gang raped, and fatally shot Angel execution-style. Her boyfriend, 17-year-old  Nelson Portobanco, who was left for dead by the assailants after having his throat slit, survived the assault and contacted police. In a case that Judge Thomas described as having clear and convincing aggravating circumstances, the Judge was visibly upset as he recounted the crime and sentenced Lebron to death, stating that Lebron's actions required "the ultimate penalty." In addition to the death penalty, Lebron was sentenced to six consecutive life terms for armed robbery and kidnapping, attempted first-degree murder, and armed sexual battery. The victim's mother expressed a sense of justice and relief at the Judge's decision. Lebron will be held in Florida State Prison until the date of his execution.

CA Murder Dies on Death Row: Sam Stanton of the Sacramento Bee reports James Leslie Karis Jr., a convicted murderer and rapist was found dead in his cell on San Quentin's death row Thursday.  Karis, 61, was found unresponsive and pronounced dead at 6:40 a.m. An autopsy will be conducted to determine cause of death. Karis was convicted of the rape and murder of Peggy Pennington, 34, and sentenced to death in September 1982. In July 1981, Karis abducted Pennington and another woman, 27, while walking near their workplace. Karis took them to a secluded area, forced them to strip, raped Pennington, then shot both women. The other woman survived the attack and testified against Karis in court.  Karis was given the death sentence twice.  After a federal judge overturned Karis' death sentence in 1998, hee was then tried again in 2007. During the second trial, Karis rebuffed his lawyers' attempts to introduce mitigating evidence and took over his own defense. The second jury also sentenced Karis to death. 

OH Murderer Seeks Clemency: Andrew Welsh-Huggins of the Associated Press reports the lawyers for condemned killer Frederick Treesh asked Ohio's parole board for a recommendation of clemency Thursday. Treesh, 48, and a co-defendant are accused of bank robbery, robbery of businesses, multiple sexual assaults, car theft, and car-jacking in a crime spree that stretched through Indiana, Iowa, Michigan, Minnesota, and Wisconsin. Treesh received the death sentence in Ohio for the murder of Henry Dupree. Two days prior, Treesh and his accomplices murdered another victim at a Michigan video store. The parole board will make their recommendation for or against clemency next week. Ohio Gov. John Kasich has the final say. If denied, Treesh will face execution on March 6.

Blogger Neuroskeptic offers his thoughts on an editorial by Roger Collier in the Canadian Medical Association Journal about the use of politically correct language in formal writing.  Some excerpts: 

There's a reason Ernest Hemingway didn't call his novel The Person Who Was Male and Advanced in Years and the Sea. He valued economy of language over verbosity, so "Old Man" worked fine to describe his titular character. One can only imagine what Papa Hemingway would think of person-first language.

Of course, the purpose of person-first language -- such as "person with a disability" instead of "disabled person" -- isn't to produce writing that is more concise, clear or lyrical. It's supposed to promote the idea that personhood is not defined by disability or disease.

***

"Whatever is negative or taboo, such as disease or illness, we try to avoid talking about it," says Halmari. "It's a fallen world, and we need to talk about unpleasant and sad things."

The structure of person-first language also does a poor job of de-emphasizing disability, notes Halmari. In English, emphasis naturally occurs at the end of sentences. This is why, when asked if there are rules for humour writing, Washington Post columnist Gene Weingarten replied: "Only one. I always try to put the funniest word at the end of the sentence underpants."

As a Gen X'er myself, I'm somewhat accustom to the revised model of describing people with disabilities.  I also sympathize with those who prefer the terminology of "a person with schizophrenia" rather than a "schizophrenic" because it signifies that schizophrenia is not the whole description of that person.  But I also realize that writing that way really does change how we think about people, behavior and responsibility.  People are not criminals but "people with criminal justice histories" and murderers are instead people convicted of murder.  Some may say it is humanizes but it also obfuscates.

I'm reminded of the late comedian George Carlin who once said poor people are not folks with a negative cash-flow position.  No, they're just plain broke.     

CA Prison Gang Leader May Face Death Penalty: Henry K. Lee of the San Francisco Chronicle reports a Nuestra Familia prison gang leader, Henry Cervantes, has been charged in California with two Oakland murders. Cervantes has been charged with murder in the aid of racketeering and conspiracy. On September 11, 2011, two bodies were found in an apartment building which had been set on fire. The victims, a 73-year-old man and 56-year-old woman, were both fatally stabbed according to autopsies. Allegedly, Cervantes recruited three gang members to get rid of any evidence of the murder committed by Cervantes the day prior. Seven other defendants are also listed in his indictment in the U.S. District Court in Oakland. Cervantes has been charged with murder in the aid of racketeering and conspiracy. In 2004, he was convicted of racketeering and conspiracy and served about six years of a ten-year sentence. By 2011, he was overseeing criminal activities of the gang's Oakland unit. If convicted, Cervantes may face the death penalty.

Fort Hood Mass Shooter Still Faces Death Penalty: The Associated Press reports mass shooter Maj. Nidal Hasan will still face the death penalty if convicted for the November 5, 2009 Fort Hood shooting in Texas. According to Hasan's attorneys he wishes to plead guilty on 13 counts of premeditated murder and 32 counts of attempted premeditated murder. Judge Col. Tara Osborn has stated that Hasan's motion will be heard next month, but Army regulations do not allow judges to accept a guilty plea in cases where capital punishment is a consideration. Instead, a commanding general makes the decision on whether or not the death penalty will be sought. In such a case, plea-bargaining is prohibited. Hasan's attorneys have indicated that if his guilty plea is rejected, the plea will instead be for unpremeditated murder, a charge that does not warrant the death penalty. According to experts in military law, even if such lesser pleas are accepted, Hasan will still face the death penalty if the prosecution moves forward with the trial and convicts him of the original charge. The date of the trial has not yet been set. Continued from this News Scan.

Alleged NC Cop Killed May Face Death Penalty: Scott Hamilton of the Winston-Salem Journal reports alleged cop killer Scott Sica may face the death penalty in North Carolina if convicted. Sica and two accomplices were charged with the Oct. 5, 1996 shooting of police officer Sgt. Greg Martin. One accomplice testified Wednesday that Sica shot and killed Martin when the officer had stopped them for a minor traffic violation after a botched robbery at a local restaurant. Sica's previous record of a bank robbery conviction added strength to the prosecution's bid for the death penalty. Judge Edgar B. Gregory ruled that the argument met the necessary requirements for capital punishment. Beyond the first-degree murder charge, Sica and his accomplices have been charged with several other crimes connected to Martin's slaying. Some of these charges include attempted robbery, conspiracy to commit armed robbery, and two counts of possession of stolen goods. Judge Gregory set a review hearing date of June 3.

TX Killer's Execution Delayed Yet Again: Renée C. Lee of the Houston Chronicle reports the February 27 execution date for convicted killer Larry Swearingen was again postponed in Texas Wednesday. Swearingen was convicted of the 1998 murder of 19-year-old college student Melissa Trotter. He maintains his innocence. Since his conviction in 2000, Swearingen's attorneys have unsuccessfully filed three motions for DNA testing. DNA evidence found at the crime scene, his lawyers argue, would prove Swearingen's innocence. Recently, a motion was filed by the New York-based Innocence Project, heard Wednesday, arguing a 2011 Texas law, found here, established that DNA tests should be conducted in cases where it could prove innocence. Montgomery County Judge Kelly Case gave the prosecution and defense in the case 60 days to respond to the pending motion. Continued from this News Scan.

IL Police Oppose Parole for Cop Killer: CBS News reports convicted cop killer Clifton Hill is attempting to be granted parole in Illinois. In December 1976, police officer Charles Pollard, not in uniform, was found murdered in an alley behind his home. The victim's weapon and watch were missing, and his wallet emptied. Hill and an accomplice were charged in the killing. Chicago police officers oppose Hill being released into the community.

California Crime Spikes After Realignment: Dan Weintraub of the Orange County Register reports crime in California increased in the first six months of 2012 following a 20-year decline. The overall crime rate dropped 56 percent from 1991 to 2011. Since 1992, violent crime decreased 63 percent. Property crime had been on the decline since 1980. In 2011, the state's crime rate was below the national average. In the first six months of 2012, violent crime in California's major cities climbed 4 percent while property crime increased by 9 percent. However, the number of people going to prison has significantly decreased since the passing of Governor Jerry Brown's Realignment. In 2010, 58,700 people were convicted of crimes and went to prison; only 33,900 got a prison sentence after AB 109 passed. Realignment is shifting inmates whose crimes are defined as nonserious, non-violent, and non-sexual to county jails rather than state prisons. From the year prior to the first year of AB 109, prison admissions for drug and property crimes declined from 58 percent to 37 percent respectively.

CA Killer, Arsonist Sentenced to Death: Phil Willon of the Los Angeles Times reports Rickie Lee Fowler was sentenced to death Monday by California Superior Court Judge Michael A. Smith. Fowler was convicted in August of setting a fire on October 25, 2003 in San Bernardino that killed five and destroyed about 1,000 homes. More than 80,000 had to be evacuated. The devastation triggered fatal heart attacks in all five victims. Fowler is a meth addict with a violent history of raping two of his ex-girlfriends. One was pregnant with his child at the time. He also repeatedly sodomized a cellmate in jail. Fowler's suspected accomplice in setting the fire was fatally shot in 2006.

IA Senator to Introduce Death Penalty Legislation: Mike Wiser of the Journal Des Moines Bureau reports Iowa Senator Kent Sorenson (R) will introduce legislation to reinstate the death penalty in the state. The death penalty measure is part of a five bill package and would allow a death sentence in cases where the defendant is convicted of both first-degree murder and first degree sexual abuse of or kidnapping of a minor.  The other bills would; eliminate good-time sentence reductions for serious sex offenses; require chemical castration for sex offenders convicted of a sexual crime against a child of 12 or under;  require electronic monitoring of sex offenders; and require immediate notification of hunters when a child goes missing.  Iowa's death penalty was abolished in 1965.

Long Beach Property Crime Surged in 2012: Richard Winton of the Los Angeles Times reports overall crime in Long Beach, CA went up 7 percent from 2011 to 2012; the first increase in five years. While overall violent crime declined 5.3%, the lowest it has been since 1972, rape and murder both increased in 2012. However, residential burglaries surged 19 percent, garage burglaries skyrocketed by 46.2 percent, and vehicle thefts jumped 19.1 percent.