Le donazioni alla Comunità di Sant'Egidio sono fiscalmente deducibili
secondo la normativa vigente
 
Anche quest'anno è possibile destinare il 5x1000 alla Comunità di Sant'Egidio
Scrivi il numero 80191770587 nella dichiarazione dei redditi

Andrea Riccardi: sul web

Andrea Riccardi: sui social network

Andrea Riccardi: la rassegna stampa

change language
sei dentro: no pena di morte - news newslettercontattilink

Sostieni la Comunità

 
1 Ottobre 2009 | STATI UNITI

Texas/USA

Sospesa sine die l'esecuzione di John Balentine

 
versione stampabile

The Associated Press

Condemned killer of 3 in Amarillo wins reprieve

By MICHAEL GRACZYK  - Sept. 29, 2009

HUNTSVILLE, Texas — A Texas death row inmate won a reprieve Tuesday from a federal appeals court a day before he was scheduled for execution for a triple slaying in Amarillo almost 12 years ago.

The 5th U.S. Circuit Court of Appeals issued a brief one-paragraph order stopping the lethal injection of John Balentine, set for Wednesday evening, "pending further order of this court." Balentine's appeal to the New Orleans-based 5th Circuit said lower courts had not properly resolved his earlier appeals.

The Texas Attorney General's Office was appealing to get the order lifted, spokeswoman Lauri Saathoff said. It was uncertain if the state's appeal would be decided before the execution warrant expired at midnight Wednesday.

Texas Department of Criminal Justice spokeswoman Michelle Lyons said the prison agency was "proceeding as though an execution is not scheduled."

Balentine, 40, would have been the 19th prisoner executed this year in the nation's most active death penalty state.

Balentine was condemned for the January 1998 shooting deaths of Mark Caylor Jr., 17; Kai Brooke Geyer, 15; and Steven Watson, also 15. Caylor was the brother of Balentine's former girlfriend, and prosecutors said the shootings capped a feud between Caylor and Balentine.

Evidence showed all three victims were shot once in the head as they slept in a tiny house where Balentine also once lived.

When he was pulled over in Houston in July 1998 and gave a traffic cop a false name, the alias was detected as one used by a man wanted in the shooting deaths of the three teenage boys earlier that year in Amarillo, 600 miles to the northwest.

Balentine, who had a lengthy criminal record in his native Arkansas, was arrested and confessed. He was tried in Amarillo for capital murder, was convicted and sentenced to die.

In appeals, Balentine's attorneys argued his trial lawyers were deficient for failing to develop mitigating evidence to show his childhood of poverty, domestic violence and abuse. They also contended a pool of state-appointed appeals lawyers to represent death row inmates like Balentine in initial appeals included unqualified or deficient attorneys.

"The ability of a prisoner to obtain relief is wholly dependent upon the luck of the draw," Lydia Brandt, a Dallas-area lawyer representing Balentine, told the U.S. Supreme Court in a petition seeking a review of the case. "Mr. Balentine was one of the unlucky death-sentenced prisoners."

She said the claims never were raised earlier, and were blocked now in the lower state courts, because of a broken system.

"The state corrective process as a whole was ineffective," Brandt insisted.

Texas law provides for appointment of a lawyer in death penalty cases but "the provision does not create a right to complain" about the outcome of that legal representation, the Texas Attorney General's Office responded. The Texas Court of Criminal Appeals has refused to hold that an inmate's lawyer must be "constitutionally effective" and has declined to turn a "legislative act of grace" into a constitutional right, state attorneys added.

In a tape recorded statement to police played at his trial, Balentine said he moved out of the Amarillo house because of drug use there, then said he learned later that Caylor was looking to kill him because he had "jumped on his sister." He slipped into the house and "shot Mark in the head and shot the other two in the head," he said.

"Mark had threatened my life, threatened my brother, girlfriend and the kids, waving a gun and talking about what he was going to do to me and whoever else come over there looking for me and stuff," he said.

He also said he didn't know the other two victims.

A neighbor heard a gunshot and called police. An officer responding spotted Balentine walking down a street. Balentine identified himself as John Lezell Smith, had no identification but a records check showed outstanding traffic warrants for Smith.

The officer handcuffed him and in a search found an unspent .32 caliber bullet in his pocket. A police supervisor told the officer since it was not illegal to be carrying a bullet, Balentine could be released.

Later that day, police were called to scene of the three homicides, 50 yards from where Balentine was questioned.

It would be six months before he was picked up in Houston.

Balentine, from Jackson County, Ark., northeast of Little Rock, had previous prison terms in his home state for burglary, kidnapping, assault and robbery.

"It was a strong circumstantial case," Randy Sherrod, one of Balentine's trial lawyers, recalled. "They found evidence that matched the bullet that was on him a very short time after the three kids were shot. The main thing I remember about that case is we raised enough questions with the prosecutors that they offered life sentence."

Balentine refused it, went to trial and got death. He declined to speak with reporters in the weeks preceding his scheduled punishment.

 

NOTIZIE CORRELATE
6 Settembre 2019
STATI UNITI

Nonostante le migliaia di appelli l’esecuzione di Bill Crutsinger ha avuto luogo. Dolore e sdegno per questo orrore


Grazie a tutti quelli che hanno inviato appelli e che continueranno a lottare con noi
16 Agosto 2019

Sospesa - per la seconda volta - l'esecuzione di Dexter Johnson in Texas. Grazie a tutti coloro che hanno aderito all'appello in suo favore

3 Maggio 2019
GEORGIA
E' stata la prima esecuzione in Georgia nel 2019, la precedente il 4 maggio di un anno fa

L'esecuzione di Scotty Morrow è purtroppo avvenuta. Preghiamo per lui e continuiamo a lottare per l'abolizione della pena di morte, perché non c'è giustizia senza vita


Gli appelli esauriti, la clemenza negata. Scotty ha chiesto ancora perdono ai familiari delle vittime
1 Maggio 2019
STATI UNITI

L'esecuzione di Dexter Johnson è stata temporaneamente sospesa. Ringraziamo tutti coloro che ci hanno aiutato a inviare migliaia di appelli!!!

15 Marzo 2019
STATI UNITI
dall'Osservatore Romano

Marazziti: la decisione presa dal nuovo governatore della California, Gavin Newsom, di mettere uno stop, forse definitivo, alle esecuzioni capitali è un gesto di coraggio politico

14 Marzo 2019
SANT'EGIDIO: PENA DI MORTE

Pena di morte: grande segnale di speranza la sospensione in California, il più grande braccio della morte del mondo

tutte le notizie correlate

RASSEGNA STAMPA CORRELATA
28 Novembre 2016
AP

High court to examine mental disability, death penalty issue
12 Novembre 2016
Internazionale

Si rafforza la pena di morte negli Stati Uniti
11 Novembre 2016

Al liceo classico “Socrate” di Bari, conferenza “Non c’è giustizia senza vita”
24 Ottobre 2016
New York Times

The Death Penalty, Nearing Its End
4 Giugno 2016
The Washington Post

Meet the red-state conservatives fighting to abolish the death penalty
tutta la rassegna stampa correlata

VIDEO FOTO
53
Video promo Cities for Life 2015
3:22

62 visite

31 visite

38 visite

28 visite

27 visite
tutta i media correlati