News and Developments 2007: Federal Death Penalty

ARBITRARINESS: Woman Faces Federal Death Sentence While Triggerman Receives 17 Years

Donna Moonda (pictured) is facing the federal death penalty in Ohio for hiring a man to kill her husband.  The person who actually shot and killed the victim, Damian Bradford, received a sentence of only 17.5 years in exchange for his testimony against Moonda.  Moonda and Bradford were convicted in separate trials of orchestrating and carrying out the plot to kill Dr. Gulam Moonda in an alledged effort to share his estate. The two defendants met in a drug rehabilitation center.

ACLU Releases Report on Racial Disparities in the Federal Death Penalty

The federal death penalty impacts racial minorities differently than it does whites according to a recent report from the American Civil Liberties Union. The report, The Persistent Problem of Racial Disparities in the Federal Death Penalty, notes that defendants of color make up the majority of the federal death row. And the risk of a case being authorized for the death penalty is 84% higher in cases where the victim is white, regardless of the race of the defendant.

Two New Federal Death Sentences in Non-Death Penalty State

On May 29, 2007, a jury in Charleston, West Virginia, recommended death sentences for George Lecco and Valerie Friend for the murder of Carla Collins in order to protect their drug ring.  Prosecutors maintained that Lecco arranged to have Collins killed and that Friend did the shooting in 2005.  Formal sentencing was scheduled for August 23.  The judge is required to follow the jury's recommendation.  These are the first federal death sentences in West Virginia since the federal law was reinstated in 1988.  (Charleston Daily Mail, May 29, 2007).  West Virginia is the sixth state

NEW VOICES: Federal Judge Advises Justice Department to Rethink Death Case

U.S. District Judge S. James Otero recently halted the penalty phase of a federal capital case in Los Angeles and told prosecutors that he believes the U.S. Justice Department should reconsider its decision to seek the death penalty for Petro "Peter" Krylov.  Krylov is facing the death penalty for his role in a kidnapping and murder plot.

NEW RESOURCES: "Trials Under the Military Commissions Act"

Amnesty International has released a new report entitled "Justice Delayed and Justice Denied? Trials under the Military Commissions Act."  This report examines whether proceedings under the revised U.S. Military Commissions Act will comply with international standards, especially when the death penalty is sought.  In particular, it explores the rights of detainees under international human rights law, the Geneva Conventions and the U.S. Constitution.

Dismissed Federal Prosecutors Were Overridden on Death Penalty Recommendations

Prior to their dismissals, three federal prosecutors whose firings are under scrutiny by Congress were engaged in a struggle with the Justice Department over its expanded pursuit of the federal death penalty. Paul Charlton of Arizona, Margaret Chiara of Michigan, and Kevin Ryan of California were all criticized by Justice officials for failing to seek death sentences as part of a broader use of the federal death penalty begun by former Attorney General John Ashcroft and continued by Alberto Gonzales.

ARBITRARINESS: Oklahoma Case Illustrates Capriciousness of the Death Penalty

An Oklahoma man could be executed or spared based on which side of a gravel road in rural McIntosh County a murder took place. Patrick Murphey, who is borderline-mentally retarded and was drunk at the time of the crime, was originally sentenced to death for the murder in 2000.  His trial attorney failed to notice that the prosecution had made a two-mile mistake in locating the site of the crime.

NEW VOICES: Federal Judge Says New York Case is "Absurd" Waste of Time and Money

U.S. District Judge Frederick Block recently told federal prosecutors that pursuing a death sentence for Kenneth McGriff would be an "absurd" waste of time and money.  According to a court transcript, while jurors were on a break during closing arguments of the guilt phase of McGriff's trial, Block advised prosecutors to contact their supervisors in Washington, DC, and ask them to reconsider their decision to seek the death penalty if McGriff is convicted in a contract killing conspiracy.

FEDERAL DEATH PENALTY: Man Receives Life Sentence for Role in Illegal Immigrant Deaths

A federal jury chose a sentence of life without parole for Tyrone Williams (pictured) for his role in a human-smuggling operation that left 19 illegal immigrants dead. In December, the same jurors convicted Williams of 58 smuggling counts, 20 of which carried the death penalty as a sentencing option. Williams, who abandoned about 100 immigrants sealed in his truck's refrigeration trailor after determining that it had become a death trap in 2003, is the third person to face federal capital charges in the Southern District of Texas. Since 1993, U.S.