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Post by ichy on Apr 26, 2009 18:06:20 GMT -6
Tomorrow the sentencing portion of the Carl Lackl murder case begins. Patrick Byers is facing the death penalty after being convicted in federal court of ordering Lackl's killing. Here's an interesting article from the Baltimore Sun about the crime. www.baltimoresun.com/news/local/crime/bal-te.md.murder26apr26,0,7267867.story?page=1
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Post by Potassium_Pixie on Apr 26, 2009 18:31:39 GMT -6
Don't worry, nobody in Maryland ever gets the needle.
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Post by kingsindanger on Apr 26, 2009 20:51:37 GMT -6
Don't worry, nobody in Maryland ever gets the needle. Sad, but true.
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Post by ichy on Apr 27, 2009 14:39:26 GMT -6
Don't worry, nobody in Maryland ever gets the needle. It's a federal case. Our criminal-friendly Court of Appeals and the thug-loving governor won't get to screw this one up.
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Post by Potassium_Pixie on Apr 27, 2009 19:20:52 GMT -6
If it federal, doesn't that mean that he'll be sent to Terre Haute?
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Post by mst3k4evur on Apr 27, 2009 19:41:01 GMT -6
If it federal, doesn't that mean that he'll be sent to Terre Haute? Yes, unless he is deemed an extraordinarily dangerous inmate. In that case they'll send him to the Supermax in Florence, Colorado.
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Post by ichy on Apr 28, 2009 16:28:29 GMT -6
If it federal, doesn't that mean that he'll be sent to Terre Haute? Yes, unless he is deemed an extraordinarily dangerous inmate. In that case they'll send him to the Supermax in Florence, Colorado. Seeing as how Byers was convicted of ordering a witness murdered while he was in jail, and then threatened other witnesses from inside the Maryland Correctional Adjustment Center (our "supermax" prison) while he was awaiting trial it seems like he's the sort of inmate who ought to be sent to ADX Florence.
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Post by Potassium_Pixie on Apr 28, 2009 19:03:44 GMT -6
But will he be executed in Terre Haute or in Maryland?
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Post by mst3k4evur on Apr 28, 2009 20:30:06 GMT -6
But will he be executed in Terre Haute or in Maryland? Terre Haute, it's got the only Federal death chamber. Also, the feds decided to stop using the state facilities where the inmates were convicted to execute them back in the 90's.
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Post by kingsindanger on Apr 28, 2009 20:51:23 GMT -6
But will he be executed in Terre Haute or in Maryland? Terre Haute, it's got the only Federal death chamber. Also, the feds decided to stop using the state facilities where the inmates were convicted to execute them back in the 90's. The end result is Maryland still is not able to get on the score board. By the way, notice how O'Malley still has not given the directive to rewrite the procedures even after he promised to do so following the full vote of the General Assembly.
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Post by ichy on Apr 29, 2009 16:43:07 GMT -6
Terre Haute, it's got the only Federal death chamber. Also, the feds decided to stop using the state facilities where the inmates were convicted to execute them back in the 90's. The end result is Maryland still is not able to get on the score board. By the way, notice how O'Malley still has not given the directive to rewrite the procedures even after he promised to do so following the full vote of the General Assembly. Actually he said that he'd ordered new procedures last spring, but of course they're nowhere to be found Lethal injection is not rocket science, there's no reason it should take a year to write new execution procedures. Hell, the old ones were fine, the criminal-lovers on the Court of Appeals just wanted an excuse to save that murdering animal Vernon Evans. There ought to be a way to throw people like Judge Bell out of office.
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Post by Potassium_Pixie on Apr 29, 2009 23:05:34 GMT -6
I could write a new lethal injection procedure in my sleep. Why are people still DEBATING this? Take prisoner out, take him to the room, let witnesses in, strap him to the gurney, put two IVs in, start saline, turn on injection machine, load 8 syringes, attach EKG, turn on microphone, have inmate give final statement, activate the machine. 500 milligrams of Sodium Thiopental, 100 milligrams of Pancuronium Bromide, 300 milligrams of Potassium Chloride, wait for flatline on EKG. WOW! THAT WAS SO HARD! Also, if he is going here: and not here: No point for Maryland.
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Post by kingsindanger on Apr 30, 2009 7:40:59 GMT -6
I could write a new lethal injection procedure in my sleep. Why are people still DEBATING this? Take prisoner out, take him to the room, let witnesses in, strap him to the gurney, put two IVs in, start saline, turn on injection machine, load 8 syringes, attach EKG, turn on microphone, have inmate give final statement, activate the machine. 500 milligrams of Sodium Thiopental, 100 milligrams of Pancuronium Bromide, 300 milligrams of Potassium Chloride, wait for flatline on EKG. WOW! THAT WAS SO HARD! Also, if he is going here: and not here: No point for Maryland. O'Malley opposes capital punishment, and of course, he is breaking law by refusing to enforce the state's penal code which includes provisions for the dp. Even after he keeps his promise to rewrite the procedures, he can grant clemency if a case ever comes close to a date. This is what I expect him to do when his term comes to an end.
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Post by ichy on Apr 30, 2009 15:24:05 GMT -6
We'll see. Honestly, the people who I really blame for this aren't the lawyers, it's not even guys like O'Malley. The biggest hypocrites are supposedly pro-dp politicians who pay lip-service to supporting capital punishment but do NOTHING to make sure it's carried out in a timely fashion, or to restrain the out of control judges on the Court of Appeals. Scott Shellenberger is basically the only elected official in the state who's done anything at all to fight for the death penalty.
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Post by ichy on Apr 30, 2009 17:36:03 GMT -6
More defense lawyer BS. Byers's attorneys are claiming that his supposed low-IQ is a mitigating factor. www.mddailyrecord.com/article.cfm?id=11405&type=UTTMIMO this is a load of crap. Patrick Byers was able to intimidate witnesses from inside a supermax prison, so he can't be that dumb. Either he deliberately flubbed the test, or (as with so many things in psychology) the IQ test is a load of crap.
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Post by Potassium_Pixie on Apr 30, 2009 19:41:33 GMT -6
Oh sure. Sure his IQ was low. BECAUSE HE IS A MURDERER AND A POS!
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Post by ichy on May 1, 2009 15:14:44 GMT -6
Closing arguments were today, and jury deliberations began this afternoon.
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Post by Potassium_Pixie on May 1, 2009 20:08:51 GMT -6
At least Terre Haute will get to see some action again. Last execution was 4 years ago.
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Post by mst3k4evur on May 1, 2009 22:38:49 GMT -6
This brings up something that has been bugging me for awhile: What is the status of the federal executions? Four inmates got stays of execution because of Baze v Rees and two others were close to having theirs set in 2007. Why haven't the six of them gotten dates in the year since the Baze moratorium ended? What is the status of their separate lawsuit challenging LI?
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Post by Potassium_Pixie on May 2, 2009 19:18:32 GMT -6
I wonder what would happen if they were in a state that didn't have the DP when the crime was committed or they chose a different method?
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Post by kingsindanger on May 3, 2009 0:45:29 GMT -6
The jury will resume on Monday. They have been unable to reach a decision in 2 hours so far, which may be a divided panel.
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Post by ichy on May 3, 2009 12:15:18 GMT -6
I wonder what would happen if they were in a state that didn't have the DP when the crime was committed or they chose a different method? The default Federal method is lethal injection.
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Post by Potassium_Pixie on May 3, 2009 23:35:43 GMT -6
But what of they were sentenced to death in a state that didn't have lethal injection?
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Post by mst3k4evur on May 3, 2009 23:47:10 GMT -6
But what of they were sentenced to death in a state that didn't have lethal injection? LI is the default method where the state has no death penalty and if the state uses some other method then the feds will, if this ever happens, find a way to execute them by the alternative method used by that state. Possibly, they would have it take place in the state in question. This may be why the judge in the Gary Sampson case ordered the execution to take place in New Hampshire, instead of Terre Haute. Since New Hampshire law provides for hanging should LI be impractical it would be up to NH to carry it out. However, those most likely to get executed by the feds after their separate LI lawsuit is resolved are three from Virginia convicted in 11 murders connected to a crack-cocaine dealing gang from Richmond, Virginia. Since they were convicted under the 1988 Drug Kingpin Law (the only still on death row by that law) they will not be able to request to die in Virginia's electric chair as the method under the law is lethal injection.
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Post by Rev. Agave on May 4, 2009 0:28:38 GMT -6
But what of they were sentenced to death in a state that didn't have lethal injection? 18 USC § 3596: Implementation of a sentence of death
(a) In General.— A person who has been sentenced to death pursuant to this chapter shall be committed to the custody of the Attorney General until exhaustion of the procedures for appeal of the judgment of conviction and for review of the sentence. When the sentence is to be implemented, the Attorney General shall release the person sentenced to death to the custody of a United States marshal, who shall supervise implementation of the sentence in the manner prescribed by the law of the State in which the sentence is imposed. If the law of the State does not provide for implementation of a sentence of death, the court shall designate another State, the law of which does provide for the implementation of a sentence of death, and the sentence shall be implemented in the latter State in the manner prescribed by such law.
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Post by Rev. Agave on May 4, 2009 0:32:27 GMT -6
law.justia.com/us/cfr/title28/28-1.0.1.1.27.html28 C.F.R. PART 26—IMPLEMENTATION OF DEATH SENTENCES IN FEDERAL CASES Title 28 - Judicial Administration Title 28: Judicial Administration Browse Previous | Browse Next PART 26—IMPLEMENTATION OF DEATH SENTENCES IN FEDERAL CASES -------------------------------------------------------------------------------- Section Contents § 26.1 Applicability. § 26.2 Proposed Judgment and Order. § 26.3 Date, time, place, and method of execution. § 26.4 Other execution procedures. § 26.5 Attendance at or participation in executions by Department of Justice personnel. -------------------------------------------------------------------------------- Authority: 5 U.S.C. 301; 18 U.S.C. 4001(b), 4002; 28 U.S.C. 509, 510. Source: Order No. 1655–93, 57 FR 4901, Jan. 19, 1993, unless otherwise noted. § 26.1 Applicability. top The regulations of this part apply whenever a sentencing hearing conducted in a United States District Court has resulted in a recommendation or determination that a criminal defendant be sentenced to death for commission of an offense described in any federal statute. § 26.2 Proposed Judgment and Order. top (a) Whenever this part becomes applicable, the attorney for the government shall promptly file with the sentencing court a proposed Judgment and Order. The proposed Judgment and Order shall state, in addition to any other matters required by law or otherwise appropriate, that: (1) The sentence shall be executed by a United States Marshal designated by the Director of the United States Marshals Service; (2) The sentence shall be executed by intravenous injection of a lethal substance or substances in a quantity sufficient to cause death; (3) The sentence shall be executed on a date and at a place designated by the Director of the Federal Bureau of Prisons; and (4) The prisoner under sentence of death shall be committed to the custody of the Attorney General or his authorized representative for appropriate detention pending execution of the sentence. (b) The attorney for the government shall append to the proposed Judgment and Order a Return by which the designated United States Marshal may inform the court that the sentence of death has been executed. § 26.3 Date, time, place, and method of execution. top (a) Except to the extent a court orders otherwise, a sentence of death shall be executed: (1) On a date and at a time designated by the Director of the Federal Bureau of Prisons, which date shall be no sooner than 60 days from the entry of the judgment of death. If the date designated for execution passes by reason of a stay of execution, then a new date shall be designated promptly by the Director of the Federal Bureau of Prisons when the stay is lifted; (2) At a federal penal or correctional institution designated by the Director of the Federal Bureau of Prisons; (3) By a United States Marshal designated by the Director of the United States Marshals Service, assisted by additional personnel selected by the Marshal and the Warden of the designated institution and acting at the direction of the Marshal; and (4) By intravenous injection of a lethal substance or substances in a quantity sufficient to cause death, such substance or substances to be determined by the Director of the Federal Bureau of Prisons and to be administered by qualified personnel selected by the Warden and acting at the direction of the Marshal. (b) Unless the President interposes, the United States Marshal shall not stay execution of the sentence on the basis that the prisoner has filed a petition for executive clemency. § 26.4 Other execution procedures. top Except to the extent a court orders otherwise: (a) The Warden of the designated institution shall notify the prisoner under sentence of death of the date designated for execution at least 20 days in advance, except when the date follows a postponement of fewer than 20 days of a previously scheduled and noticed date of execution, in which case the Warden shall notify the prisoner as soon as possible. (b) Beginning seven days before the designated date of execution, the prisoner shall have access only to his spiritual advisers (not to exceed two), his defense attorneys, members of his family, and the officers and employees of the institution. Upon approval of the Director of the Federal Bureau of Prisons, the Warden may grant access to such other proper persons as the prisoner may request. (c) In addition to the Marshal and Warden, the following persons shall be present at the execution: (1) Necessary personnel selected by the Marshal and Warden; (2) Those attorneys of the Department of Justice whom the Deputy Attorney General determines are necessary; (3) Not more than the following numbers of person selected by the prisoner: (i) One spiritual adviser; (ii) Two defense attorneys; and (iii) Three adult friends or relatives; and (4) Not more than the following numbers of persons selected by the Warden: (i) Eight citizens; and (ii) Ten representatives of the press. (d) No other person shall be present at the execution, unless leave for such person's presence is granted by the Director of the Federal Bureau of Prisons. No person younger than 18 years of age shall witness the execution. (e) The Warden should notify those individuals described in paragraph (c) of this section as soon as practicable before the designated time of execution. (f) No photographic or other visual or audio recording of the execution shall be permitted. (g) After the execution has been carried out, qualified personnel selected by the Warden shall conduct an examination of the body of the prisoner to determine that death has occurred and shall inform the Marshal and Warden of his determination. Upon notification of prisoner's death, the Marshal shall complete and sign the Return described in §26.2(b) or any similar document and shall file such document with the sentencing court. (h) The remains of the prisoner shall be disposed of according to procedures established by the Director of the Federal Bureau of Prisons. § 26.5 Attendance at or participation in executions by Department of Justice personnel. top No officer or employee of the Department of Justice shall be required to be in attendance at or to participate in any execution if such attendance or participation is contrary to the moral or religious convictions of the officer or employee, or if the employee is a medical professional who considers such participation or attendance contrary to medical ethics. For purposes of this section, the term “participation” includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.
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Post by kingsindanger on May 4, 2009 20:44:35 GMT -6
Byers gets 4 life sentences Federal jury spares contract killer's life Byers gets 4 consecutive life terms for role in fatal shooting of Rosedale man By Justin Fenton | justin.fenton@baltsun.com 5:49 PM EDT, May 4, 2009 A federal jury on Monday spared the life of drug dealer Patrick Albert Byers Jr. for the 2007 contract killing of a murder witness, delivering instead a sentence of four consecutive life terms for a man whose criminal activities continued even while he was behind bars. The case brought renewed attention to two major obstacles to justice in Baltimore — witness intimidation and contraband cell phones. From prison, Byers, 24, used a cell phone to order the hit on Carl Stanley Lackl, a 38-year-old Rosedale man who was fatally shot in front of his children as he waited outside his home to meet a potential buyer for a car. Even as the trial was about to begin, prosecutors said Byers had again gained access to a phone and intimidated a second witness into recanting his testimony. After the sentence was handed down Monday, U.S. District Judge Richard D. Bennett said Byers would be quickly transported out of state and would never step foot in Maryland again. U.S. Attorney Rod J. Rosenstein called Lackl a "hero who deserves to be remembered" for stepping forward as a witness, and said that the federal Bureau of Prisons had measures to ensure that Byers would be "completely cut off from contact with the outside world." Related links Murder of trial witness Carl S. Lackl Photos Sun coverage: Patrick Byers trial From The Sun archive: Murder on Call Patrick Albert Byers Jr. Photo Carl S. Lackl Jr. Interactive map: City homicides WJZ videos on reaction to Byers sentence Second opinion: Justice in the Byers sentence isn't for us to say "Whatever is the most serious punishment available, that is what you will get if you attack a witness," Rosenstein said. "We ask for the most serious punishment in the most serious cases." The jury, whose members were kept anonymous during the five-week trial as an extra security measure, took about three hours over two days to determine that it could not reach a unanimous decision on the death penalty. All 12 jurors must agree on a death sentence in federal capital cases. Byers, who blew kisses to family members but remained expressionless as his fate was delivered, could have become the first person to receive the federal death penalty in Maryland since 2005. Outside the federal courthouse, Lackl's mother tearfully said she was satisfied with the sentence. "My family will be fine with this verdict," Marge Shipley said. "I hope people would never feel that they shouldn't do the right thing, because [Lackl] did the right thing. The outcome was just pretty bad. He should have never died that way." Lackl was lured outside his home and shot three times on July 2, 2007, eight days before a state murder trial against Byers was scheduled to begin. After another man recanted, Lackl was the only eyewitness left to identify Byers as the gunman in that case, which was dropped after Lackl was killed. During closing arguments, Byers' attorney raised questions about witnesses, including Lackl. Among those also convicted in the case were Jonathan Cornish, a gang member paid $2,500 to kill Lackl as a part of a Bloods gang mission, and Marcus "Pound" Antwan Pearson, 28, who was hired to coordinate the killing. Both testified against Byers. Last week, Byers' attorneys presented testimony that Byers grew up with a drug-addicted mother and a father who was a violent criminal and who teamed up with his then-15-year-old son to sell heroin. Experts said Byers had an IQ of 77, bordering on mental retardation. Defense attorney William Purpura asked the jury to consider compassion in its verdict, to recognize that Byers had the capacity for repentance and that he would never again be a free man, even if he weren't sentenced to death. "We're extremely pleased and relived that this ordeal is over," Purpura said Monday. "This is the best type of closure in a capital case." In an unusual move, Bennett allowed Byers to spend 15 minutes privately with his grandmother, who raised him. Purpura said defense attorneys did not request the meeting. WBAL-TV reported that Byers would be transported to the Terre Haute maximum-security facility in Indiana, which is home to the federal system's death row. Outside the courthouse, some members of Byers' family struck an apologetic tone toward Lackl's family, after television cameras last month captured them yelling at Lackl's family after Byers was convicted. "The whole [Byers] family is sorry for the loss," cousin Tyrice Cole said. "We have been through it, losing a family member, and have lived both sides." But Ebony Green, the mother of one of Byers' children, maintained Byers' innocence and said he had been unfairly portrayed in the news media. "He was not a monster, not no Blood [member], he was none of that," Green said. "He was a loving father, just like Carl Lackl." www.baltimoresun.com/news/local/baltimore_city/bal-byers0504,0,4916664.story
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Post by mst3k4evur on May 4, 2009 22:49:45 GMT -6
Dear God, how hard is it to put someone on death row these days? How dense do you have to be to think a prison sentence is a good sentence for a man who killed FROM BEHIND BARS?! What is to stop him from doing this again?
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Post by The Tipsy Broker on May 5, 2009 2:35:03 GMT -6
Damn it to hell, another one slipped the hooded guys clutches
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Post by Deleted on May 5, 2009 2:55:25 GMT -6
Dear God, how hard is it to put someone on death row these days? How dense do you have to be to think a prison sentence is a good sentence for a man who killed FROM BEHIND BARS?! What is to stop him from doing this again? Unbelievable,very soft jury,if anyone deserves the drip its this guy,he ordered a hit from behind bars (heck)what more aggravated circumstances do you need to give him the drip.this guy is dangerous,heck,he should go straight to colorado supermax,the only thing this guy understands is violence,I dont think we will be hearing the last of this guy..
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