This week, Terence Lenamon remains in trial in the unique role of "stand by counsel" to defendant Michel Escoto, who represents himself in his murder trial this week.

The prosecution rested its case last week (read about that here).

Escoto now presents his defense case, with a DNA expert taking the stand for most of yesterday.

Stand-by counsel isn’t the norm in a criminal case, but Mr. Escoto has chosen to exercise his right to represent himself in this trial and Terry Lenamon sits at the defense table without acting as trial attorney in this case. 

This case is getting more and more media coverage including national news coverage and you may recognize it as the "Newlywed Murder Case." 

See Terry:

You can see Terry Lenamon sitting as stand-by counsel in the Escoto trial in this video coverage of the case, on the day where Escoto was held in contempt of court, here. 

It’s not over, this argument regarding the drugs being used in lethal injection executions in this country — but it is over for Texas Death Row inmate and convicted serial killer Tommy Lynn Sells who died last night in Huntsville, Texas, as his death penalty was carried out.

The United States Supreme Court denied Sells’ petition for writ of certiorari yesterday and Sells was executed shortly thereafter.  (Read the succinct order of denial here.)

As for the arguments involved in Sells’ last appellate argument – that the State of Texas should reveal the supplier of the drugs to be used in the execution (and which did get a stay for a period of time), here is the Opinion of the Fifth Circuit Court of Appeals vacating the stay and allowing the privacy of the drug manufacturer to remain secret:

Fifth Circuit Opinion April 2014 Removing Sells’ Stay of Execution Re Secret Supplier of Lethal Execut…

 There is a good overview of the current state of lethal injection executions published in The Tennessean (and picked up by USA Today) which goes into detail regarding the current dilemma in this country regarding lethal injection executions.

Different states are approaching their Execution Schedules differently — Texas and Florida, of course, are going forward with lethal injection executions.  Texas has a new and secret supplier of pentobarbital so its execution schedule shouldn’t be thwarted by a lack of supply.

Not so for other states.  

Tennessee has reacted by bringing down the curtain down its executions and there’s a lawsuit brought by Death Row inmates seeking to change that — one question, who is the state’s drug supplier?

It’s a big question – who is supplying the drugs to the state executioners?  

And do these companies have a legal right to wear a hooded mask of sorts, hiding their identity from the public as manufacturers of a drug that is used to kill people?  

executioner,

On Oklahoma’s Death Row, two men who were set to die either this week or next week have had their executions extended because the State of Oklahoma has not been able to find the necessary drugs for the lethal injection executions.

Meanwhile, the State of Texas went ahead with its lethal injection execution of Ray Jasper yesterday. Texas also has another execution planned for March 2014 — and next week’s execution will be the last lethal injection execution before Texas starts using a different supplier’s pentobarbital product –– a mysterious supplier whose identity remains unknown as state officials have denied media access to the supplier’s identity under arguments that doing so would endanger the company or its personnel.

And today, just a few hours ago, the State of Florida executed Robert Lavern Henry by lethal injection at Florida State Prison for murders that happened over 26 years ago. 

Right now, Terence Lenamon and Melissa Ortiz of Lenamon Law are in trial in Miami, Florida — a murder trial that is expected to run for around two months in the courtroom of Miami-Dade Circuit Judge Marisa Tinkler Mendez.

However, Terry Lenamon and his associate are acting as "stand by counsel" for the defendant, because the defendant in this case, Michel Escoto, has chosen to exercise his constitutional right to represent himself in his criminal trial – which started today.  

Michel Escoto maintains he is innocent of this crime. 

Those in the Miami area may recognize Michel Escoto’s name as the man accused of killing Wendy Trapaga, his newlywed wife, with the prosecution alleging that Escoto killed his bride in order to collect on a life insurance policy.  

For more details, check out the Miami Herald’s coverage of the case, including today’s article by David Ovalle, "Husband on trial in death of his newlywed wife in Miami-Dade."

 Today, the United States Supreme Court heard oral arguments in the case of Hall v. Florida, where Florida death row inmate Freddie Lee Hall argues that it is unconstitutional for the State of Florida to use a specific IQ score (i.e., 70) as the basis for allowing execution of anyone whose intellectual capacity measures above that number. (Precedent does not use the phrase "lack of intellectual capacity," but instead "mental retardation" as a basis for denying capital punishment as it would be cruel and unusual punishment.) 

Read the transcript of the oral argument here.

For background on the case, check out our prior posts:

 U.S. Supreme Court Deciding Major Death Penalty Case Regarding Intellectual Ability and Capital Punishment: the Case of Freddie L. Hall

Florida Death Penalty Case Re Low IQ as Mitigating Factor in Death Penalty Case before USSCt: Will Florida Statute Be Found Unconstitutional?

 

 

 

From the Florida Department of Corrections:

The electric chair is made of oak and was constructed by Corrections Department personnel in 1998. It was installed at Florida State Prison in Starke in 1999, replacing the chair constructed in 1923. It should be noted that the only aspect of the current electric chair that is new is the wooden structure of the chair itself. The apparatus that administers the electric current to the condemned prisoner is the same that has been used in recent years. It is regularly tested to ensure proper functioning.

From the Death Penalty Information Center, some very horrible photos of the last Florida execution in this very electric chair (in 1999), did you know about all the blood that goes with an electrocution?  Remember, it’s a cruel and unusual punishment standard ….

 

 

 

Maybe you’ve read some of Carl Hiassen’s thrillers over the years – or maybe your kids have read some of Carl Hiassen’s children’s books (like Flush, Chomp, or Scat).  

If you haven’t, then you just might like to check out (and have a great laugh or two) how Florida is portrayed in Sick Puppy, Skinny Dip, or Bad Monkey.  

Then there’s Carl Hiassen’s column published by the Miami Herald.  Maybe that’s how you recognize his name.

The big thing this week, however, isn’t his regular piece in the paper, or any of his books — it is Carl Hiassen’s op-ed piece on capital punishment in this country, particularly in the State of Florida.

It’s online to read for free, entitled "Let’s put an end to the executions" and it’s worth your time. 

And if HIassen’s words leaving you wanting more, there’s a good summary of where we are with all those drugs being used in the Lethal Injection cocktails in the Tampa Tribune, written by James Rosica, entitled "Secrecy shrouds state’s lethal injection drugs." 

Scary stuff, what is happening in lethal injection executions in this country today.  Very, very scary. 

Up in Washington, there isn’t going to be any executions for awhile because the current governor, Governor Jay Inslee, has announced that he’s against the death penalty and he’s going to use his power to issue reprieves to stop executions in that state.

This means that defendants can still face the death penalty in trials, and capital punishment can still be assessed — but if there is an execution set up, then the state governor in Washington is going to block it.  

Why?  From Gov. Jay Inslee (click the link to read the full release):

“Equal justice under the law is the state’s primary responsibility. And in death penalty cases, I’m not convinced equal justice is being served.  The use of the death penalty in this state is unequally applied, sometimes dependent on the budget of the county where the crime occurred.”

“In death penalty cases, I’m not convinced equal justice is being served,…. The use of the death penalty is unequally applied, sometimes dependent on the budget of the county where the crime is committed.”