Tuesday, October 17, 2006

Convict Is Vietnam Veteran

http://www.news4jax.com/news/10095349/detail.html

State Set To Execute Killer In 1985 Murder
Convict Is Vietnam Veteran

POSTED: 11:01 am EDT October 17, 2006

JACKSONVILLE, Fla. -- The state is preparing to execute Vietnam veteran Arthur Rutherford for the 1985 murder of a woman in her Milton home as his attorneys turn to the courts to try to spare him.

Rutherford is expected to be executed Wednesday at 6 p.m.
The U.S. Supreme Court blocked Rutherford's death earlier this year after he claimed the state's lethal injection procedure is cruel and unusual punishment. The stay was later lifted.

Rutherford was convicted of the 1985 robbing and killing Stella Salamon where the handyman had installed sliding glass doors.

The woman was severely beaten and drowned or asphyxiated. Her body was found in a bathtub.

Four witnesses testified that Rutherford either told them that he was planning to kill her or admitted it afterward.

Previous Story:
January 31, 2006: Supreme Court Halts Second Florida Execution In Seven Days

No. 06-7028 - USSC - Arthur Rutherford

http://www.supremecourtus.gov/docket/06-7028.HTM

No. 06-7028
*** CAPITAL CASE ***
Title:
Arthur D. Rutherford, Petitioner
v.
James R. McDonough, Secretary, Florida Department of Corrections, et al.
Docketed:
October 11, 2006
Lower Ct:
United States Court of Appeals for the Eleventh Circuit
Case Nos.:
(06-10783)
Decision Date:
October 5, 2006
~~~Date~~~
~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 11 2006
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2006)
Oct 11 2006
Application (06A361) for a stay of execution, submitted to Justice Thomas.
Oct 13 2006
Brief of respondent James R. McDonough, Secretary, Florida Department of Corrections, et al. in opposition filed.
Oct 13 2006
Brief of respondent James McDonough, Secretary, Department of Corrections, et al. in opposition to application for stay of execution filed.
~~Name~~~~~~~~~~~~~~~~~~~~~
~~~~~~~Address~~~~~~~~~~~~~~~~~~
~~Phone~~~
Attorneys for Petitioner:
Linda McDermott
141 N.E. 30th Street
(850) 322-2172
Wilton Manors, FL 33334
Party name: Arthur D. Rutherford

Attorneys for Respondents:
Carolyn M. Snurkowski
Assistant Deputy Attorney General
(850) 414-3300
PL-01 The Capitol
Tallahassee, FL 32399-1050
Party name: James R. McDonough, Secretary, Florida Department of Corrections, et al.

06-10783 - USSC - Arthur Rutherford

http://www.supremecourtus.gov/docket/06a361.htm

Case Nos.:
(06-10783)
~~~Date~~~
~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 11 2006
Application (06A361) for a stay of execution, submitted to Justice Thomas.
Oct 13 2006
Brief of respondent James McDonough, Secretary, Department of Corrections, et al. in opposition to application for stay of execution filed.
~~Name~~~~~~~~~~~~~~~~~~~~~
~~~~~~~Address~~~~~~~~~~~~~~~~~~
~~Phone~~~
Attorneys for Petitioner:
Linda McDermott
141 N.E. 30th Street
(850) 322-2172
Wilton Manors, FL 33334
Party name: Arthur D. Rutherford

Attorneys for Respondents:
Carolyn M. Snurkowski
Assistant Deputy Attorney General
(850) 414-3300
PL-01 The Capitol
Tallahassee, FL 32399-1050
Party name: James McDonough, Secretary, Department of Corrections, et al.

No. 06-6815 - USSC - Arthur Rutherford

http://www.supremecourtus.gov/docket/06-6815.HTM


No. 06-6815
*** CAPITAL CASE ***
Title:
In Re Arthur Rutherford, Petitioner
v.
Docketed:
September 27, 2006
~~~Date~~~
~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Sep 27 2006
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2006)
~~Name~~~~~~~~~~~~~~~~~~~~~
~~~~~~~Address~~~~~~~~~~~~~~~~~~
~~Phone~~~
Attorneys for Petitioner:
Linda McDermott
141 N.E. 30th Street
(850) 322-2172
Wilton Manors, FL 33334

Inmate cancels interview on eve of his execution





Originally published October 17, 2006


Inmate cancels interview on eve of his execution


By Paul Flemming


FLORIDA CAPITAL BUREAU


Condemned murderer Arthur Rutherford has canceled an interview he'd initially scheduled for today before his Wednesday execution.


Also on Monday, his lawyers filed a petition to the U.S. Supreme Court, asking it to consider arguments rejected by the Florida Supreme Court last week. Rutherford has another appeal pending before the highest court, asking it to send an earlier appeal - the one that got him a stay of execution back in January - back down to federal district court to be heard.

Monday, October 16, 2006

Condemned killer cancels interviews, lawyers file petition

http://www.news-press.com/apps/pbcs.dll/article?AID=/20061017/NEWS01/610170372/1075

Condemned killer cancels interviews, lawyers file petition

By Paul Flemming
news-press.com capital bureau

Originally posted on October 17, 2006

TALLAHASSEE — Condemned murderer Arthur Rutherford has canceled an interview he'd initially scheduled for today before his Wednesday execution.

Also on Monday, his lawyers filed a petition to the U.S. Supreme Court, asking it to consider arguments rejected by the Florida Supreme Court last week.

Rutherford has another appeal pending before the highest court, asking it to send an earlier appeal — the one that got him a stay of execution back in January — back down to federal district court to be heard.Linda McDermott, one of Rutherford's attorneys, sent a letter to Florida Department of Corrections officials saying that, after consulting with her client, he wanted to cancel the interview with reporters scheduled for today.

"It sounds to me like there was some misunderstanding," McDermott said. Rutherford "indicated that he did not want to meet with the press (today). I know he's got family visits all day (today). He kind of wants to focus on that."Rutherford is set to be executed for the 1985 murder of Stella Salamon in her Milton home.

The 63-year-old woman was beaten, strangled and drowned. Rutherford was found guilty in two jury trials. He has maintained his innocence.

Carolyn Snurkowski, assistant deputy attorney general for the state, said the state's response to Rutherford's appeal likely would be filed Monday evening.With Rutherford's latest appeal, Snurkowski said the state's arguments would be bolstered by the opinion of the Florida Supreme Court that rejected Rutherford's petition.

Rutherford argued that the state's system of applying the death sentence is arbitrary, and thus unconstitutional. He also offers affidavits from second-hand sources that a woman who testified in Rutherford's trials has admitted to committing the crime.

Snurkowski said the state would argue that the petitions contain no new information that wasn't available to the defense earlier, and thus are barred as a basis for appeal. She said she does not expect a response from the U.S. Supreme Court on either still-pending appeal until Wednesday.

In January, Rutherford was strapped onto a gurney with intravenous tubes inserted and ready to deliver the drugs that would have killed him. Then, the U.S. Supreme Court granted him a stay of execution that spared his life. That appeal was denied earlier this month by the federal 11th Circuit Court of Appeals in Atlanta.

Hearing needed - Rutherford is innocent.

http://www.arthurrutherford.us/legal/nitbrief.htm

The lower court ignored the significance as
to a confession to yet another individual, independent of her confessions to
Gilkerson and Pouncey.60

Not only does Adkison add one more witness to Heaton=s
guilt, but also all of the information obtained by Mr. Rutherford corroborates the
other information and the information from trial that Heaton cashed the victim=s
check, obtained $2000.00 and then proceeded to start spending a large quantity of
the money.

Given an evidentiary hearing, Mr. Rutherford would show that Adkison, Gilkerson
and Pouncey have no connection to each other and no motive to lie about Heaton=s
confessions and violent tendencies.
Likewise, Eddie Bivin=s testimony would show that
even Heaton=s own family has reason to suspect that she is guilty of the crimes and Mr.
Rutherford is innocent.

Information from Marie Pouncey - Arthur Rutherford

http://www.arthurrutherford.us/legal/nitbrief.htm

Also, postconviction counsel located Marie Pouncey, a woman who resided with
Heaton in 1995 (Att. M to Jan. 6, 2006, Motion for Rehearing).

Ms. Pouncey recalled
how Heaton slapped her elderly father, spoke to Ms. Pouncey`s young son about a
murder and told Pouncey that she knew how to kill [her] and get away with it.@ (Id.).

Information from Eddie Bivin - Arthur Rutherford

http://www.arthurrutherford.us/legal/nitbrief.htm

Based upon Gilkerson=s information, postconviction counsel sought to locate and
interview others who knew Heaton.

Indeed, in December, Eddie Bivin, Elizabeth
Ward=s current husband, attested that a few years ago he overheard a conversation
between several of Heaton=s family members (Att. L to Jan. 6, 2006, Motion for
Rehearing).

During the conversation, one of Heaton=s sister=s stated: AYou know, Mary
Francis may have been the one that killed that lady and not the man they said did it.@
(Id.).

The affadavit of Alan Gilkerson - Arthur Rutherford

http://www.arthurrutherford.us/legal/nitbrief.htm

After Mr. Rutherford=s death warrant was signed on November 29, 2005,
postconviction counsel learned of an individual, named Alan Gilkerson. In an affidavit,
Gilkerson stated:

5. At some point, I was made aware of Elizabeth and Mary Frances=
involvement in a homicide and subsequent trial of A.D. Rutherford.

Specifically,
when I asked Elizabeth why her aunt was so mentally unbalanced I was told that
Mary had not been the same since the time surrounding the murder and trial.

In the early 1990s, the three of us lived together in a trailer. One
evening, Mary and I were alone at the trailer and I asked why she seemed so
Acrazy.@ I had witnessed her talking to herself many times in the past.

She told
me that she once killed an old lady with a hammer and made it look like A.D.
Rutherford committed the crime. She told me that she got him good and that
A.D. took the rap.

Mary Heaton told me her motive for murdering the old lady
was to get her money.

A product of an arbitrary and capricious system - Arthur Rutherford

http://www.arthurrutherford.us/legal/Rutherfordhabeaspetition.htm

The report indicates that there are a number of the areas in which Florida`s
death penalty system falls short in the effort to afford every capital defendant fair and
accurate procedures@. ABA Report on Florida at iii.

In the report, recommendations
were made to assist Florida in fixing a broken system. But, the report cautions that the
apparent harms in the system Aare cumulative@ and must be considered in such a way;
problems in one area can undermine sound procedures in others.@ Id. at iii-iv.

A review
of the areas identified in the report as falling short makes apparent that in Florida=s
death penalty scheme is deficient for the many of the same reasons the schemes at
issue in Furman were found to be unconstitutional.

For example, the various opinions written in Furman noted the same evidence
of arbitrary factors unrelated to the crime or the defendant=s character that were at work
in the sentencing process that is set forth in the ABA Report on Florida. Furman, 408
U.S. at 256 n. 21 (whether counsel timely objected to error was on occasion a decisive,
albeit arbitrary factor in whether a death sentence was imposed); Id. at 290 (the manner
in which retroactivity rules operate injected arbitrariness); Id. at 293, 309-10, 313 (the
number of executions in comparison to the number of murders suggested a lottery); Id.
at 364-66 (evidence that racial prejudices and/or classism and/or sexism infected
sentencing decisions); Id. at 366-67 (likelihood that an innocent may be executed
suggested arbitrariness); Id. at 368 n. 158 (the failure to apply scientific developments
in criminal cases fast enough to enhance reliability of outcome of process created
arbitrary results).

Based on the information contained in the report, it is clear that death sentences,
like Mr. Rutherfords, are a product of an arbitrary and capricious system. `

Who is executed in Florida is determined by a myriad of factors unrelated to the facts of the
crime or the character of the defendant.

DEATH PENALTY DEVELOPMENTS AND COMMENTARY

From the blog Law, Sentencing and Policy :


Rutherford to give interview before execution




Originally published October 16, 2006


Rutherford to give interview before execution


By Paul Flemming

Florida Capital Bureau


Condemned murderer Arthur Rutherford is scheduled to be executed Wednesday at 6 p.m. Before then, he has something to say. On Tuesday afternoon, Rutherford is scheduled to hold a group interview with reporters.

Condemned Fla. killer to meet reporters



http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20061016/BREAKINGNEWS/61016003/1086


Condemned Fla. killer to meet reporters

BY PAUL FLEMMING
FLORIDA TODAY
TALLAHASSEE -- Condemned murderer Arthur Rutherford is scheduled to be executed Wednesday at 6 p.m.

Before then, he has something to say.

On Tuesday afternoon, Rutherford is scheduled to hold a group interview with reporters.

Rutherford is set to be executed for the 1985 murder of Stella Salamon in her Milton home. The 63-year-old woman was beaten, strangled and drowned. Rutherford was found guilty in two jury trials.

He has maintained his innocence.

The Department of Corrections said its procedures for Death Row inmates allow condemned prisoners a final interview with either a single reporter or a group of reporters at the Florida State Prison outside off Starke.

Rutherford will meet with up to five reporters, those on the witness list for his execution the next day.

Attorney Linda McDermott said she had discussed the interview with Rutherford, but attorney-client confidentiality precluded her from saying what those discussions were about. McDermott said last week that she intended to file appeals in federal court today.

Last Thursday, the Florida Supreme Court rejected Rutherford's latest appeals, exhausting his legal options in state court.Rutherford's daughter, Regina Grayson, said she had not discussed with her father what he intended to say. She saw her father twice last week and is scheduled for another visit on Tuesday. On Wednesday, Grayson and other family members will be allowed a one-hour visit where contact is allowed, Grayson said.

In January, Rutherford was strapped onto a gurney with intravenous tubes inserted and ready to deliver the drugs that would have killed him. Then, the U.S. Supreme Court granted him a stay of execution that spared his life. That appeal was denied earlier this month by the federal 11th Circuit Court of Appeals in Atlanta.

Paul Flemming is a reporter for Gannett News Service in Tallahassee.

Sunday, October 15, 2006

Uncovering lethal injection realities

From the blog Law, sentencing and policy :


http://sentencing.typepad.com:80/sentencing_law_and_policy/2006/10/uncovering_leth.html

Uncovering lethal injection realities

Sarah Tofte, a researcher at Human Rights Watch and co-author of this recent HRW report on lethal injections in the US, has this notable commentary reacting to the evidence developed int he recent hearing concerning California's lethal injection practices.

Here is how it starts:

As a student of lethal injections in the United States, I assumed nothing any state official might say about such executions could shock me. But I underestimated California's officials. Evidence uncovered during Michael Morales' constitutional challenge to the state's executions ... reveals an astonishing history of negligence, incompetence, and irresponsibility.

Some recent related posts:

Regulating executions in California

A lethal hearing (in the wrong place?)

My lethal injection piece on SSRN

Missouri still struggling with its execution protocol

A bit of lethal injection history

How could (and should) Congress clean up the lethal injection mess?

Old school execution

Lethal injection litigation creates de facto moratorium in Ohio and...