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Post by thinkinkmesa on Oct 11, 2012 0:53:33 GMT -5
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Post by thinkinkmesa on Oct 11, 2012 0:57:18 GMT -5
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Post by thinkinkmesa on Oct 11, 2012 1:03:46 GMT -5
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Post by thinkinkmesa on Oct 13, 2012 22:12:43 GMT -5
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Post by thinkinkmesa on Oct 14, 2012 17:03:14 GMT -5
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Post by thinkinkmesa on Oct 18, 2012 10:05:45 GMT -5
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Post by thinkinkmesa on Oct 18, 2012 19:06:00 GMT -5
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Post by thinkinkmesa on Oct 26, 2012 21:14:43 GMT -5
Killer who stabbed Akron woman more than 100 times again seeks delay of execution Ohio continues to deviate from its written execution policies in violation of a judge’s strict order to follow its own rules, according to attorneys for a condemned Ohio inmate who have asked that next month’s execution be delayed. Lawyers for Brett Hartmann did not give examples of the problems but asked federal judge Gregory Frost in Akron to hold a hearing where they can present evidence. The unspecified problems came during the April 18 execution of Mark Wiles of Portage County and the Sept. 20 execution of Donald Palmer of Belmont County, Hartmann’s attorneys said in a court filing late Thursday. They said the problems show that Hartmann and other inmates won’t be treated with equal protection under the law. The attorneys said state officials, by not following their protocols, “will treat each of these inmates — including Hartmann — differently than other condemned inmates in administering an execution,” Hartmann’s attorneys said. Hartmann is scheduled to die Nov. 13 for the Sept. 9, 1997, slaying of 46-year-old Winda Snipes of Akron. Snipes was beaten, strangled with a cord, stabbed 138 times, had her throat slit and her hands cut off, according to records submitted to the Ohio Parole Board by Summit County prosecutors. The 38-year-old Hartmann says he’s innocent. He admitted having sex with Snipes sometime after midnight that day, going back to her apartment the following evening, finding her body and then wiping down anything he had touched, records show. He also called 911 about the body. The parole board has rejected Hartmann’s request three times, citing the brutality of the crime and the “overwhelming evidence” of Hartmann’s guilt. The final decision is up to Gov. John Kasich, who has yet to announce his decision. Some of the policies in question involve training that execution team members must undergo beforehand, requirements that two of three members of the execution team be qualified to administer drugs, and requirements that only members of the team can perform certain required tasks. State officials said they would file a response opposing the request for the delay and an evidence hearing. www.ohio.com/news/break-news/killer-who-stabbed-akron-woman-more-than-100-times-again-seeks-delay-of-execution-1.345296 |
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Post by thinkinkmesa on Oct 26, 2012 22:11:08 GMT -5
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Post by thinkinkmesa on Nov 2, 2012 1:08:42 GMT -5
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Post by thinkinkmesa on Nov 7, 2012 0:19:48 GMT -5
Judge rejects execution stay for inmate who killed Akron woman in 1997 Changes Ohio made to its written capital punishment policies in two previous executions weren’t significant enough to create constitutional violations, a federal judge said Monday as he rejected a condemned killer’s attempt to stop his execution next week. Death row inmate Brett Hartmann argues the state changed its procedures during April and September executions, and he also challenged the constitutionality of allowing the state to cut short inmates’ final statements. Federal Judge Gregory Frost said Hartmann hadn’t provided enough evidence he successfully could defend his arguments at trial. And he criticized the method Hartmann’s lawyers used for raising the challenge. “Ohio does not have a perfect execution system, but it has a constitutional system that it appears to be following,” Frost said in his 56-page decision. Hartmann, 38, is scheduled to die Nov. 13 for the Sept. 9, 1997, slaying of 46-year-old Winda Snipes of Akron. She was beaten, strangled with a cord, stabbed 138 times, had her throat slit and her hands cut off, records show. Hartmann claims he is innocent, but has also argued that if courts reject that argument, he should be spared because of the effects of a “remarkably chaotic and nomadic early childhood.” Hartmann’s attorneys also say he is a changed man after 15 years in prison. They said they were disappointed with the ruling and hadn’t decided whether to appeal. “But we can take some measure of encouragement that the state of Ohio’s practices in executing its own citizens still remain subject to close monitoring by the federal courts and by those representing the condemned,” public defender Allen Bohnert said. Hartmann argued that in recent executions, the Ohio Department of Rehabilitation and Correction permitted the wrong individuals to perform tasks reserved only for medical team members. He also argued that paperwork related to the creation of a system overseeing executions had been wrongly filled out. “Neither premise proves persuasive,” Frost said. Frost said that allowing the prison warden to turn off an inmate’s microphone if the final statement is deemed “intentionally offensive” is part of Ohio’s interest in preserving order during an execution. Frost criticized Hartmann’s attorneys for filing a written request to delay the execution last week without specifics on the allegations. Frost held a hearing but warned he might not do the same again. “If his life were not important enough stakes to Hartmann to warrant his bothering to tell this court in his motion why a stay is necessary, the question is why the court should bother to hold a hearing on the matter,” Frost said. Hartmann’s attorneys said last week they were tired of playing “Constitutional Whack-a-Mole” when it came to challenging the way the state carries out executions. By this they meant raising allegations about changes, only to see the state then fix the problem. Frost called this strategy misguided. www.ohio.com/news/break-news/judge-rejects-execution-stay-for-inmate-who-killed-akron-woman-in-1997-1.347748 |
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Post by thinkinkmesa on Nov 8, 2012 18:18:32 GMT -5
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Post by thinkinkmesa on Nov 10, 2012 21:52:56 GMT -5
Convicted Akron killer Brett Hartmann takes death appeals to 11th hour Brett Hartmann has never been so close to death. Three years ago, the condemned killer from Akron came within a week of being executed by the state of Ohio. Just last year, he came within three weeks of being executed. While prosecutors continue to block his efforts for additional DNA testing, only the U.S. Supreme Court stands between Hartmann and his execution Tuesday in Lucasville. Hartmann contends he is innocent of the brutal slaying of Highland Square resident Winda Snipes in 1997 and his attorneys plan to continue his fight for testing of evidence until the final hours. Prosecutors have long argued that Hartmann, 38, has already been granted his wish with additional DNA testing that only confirmed the “clear and convincing evidence of his guilt.” They say the 11th-hour appeals by Hartmann are only designed to delay his death. Hartmann’s attorneys, Michael Benza and David Stebbins, say the courts have failed to take the testing further and examine key pieces of evidence. Prosecutors originally sent many of the items to the Ohio Bureau of Criminal Investigation, the state’s forensic crime lab, but the evidence has either never been tested or never revealed, Benza said. The items include bloody fingerprint on an electric clock in which the cord was cut and used to kill Snipes. There is also a bloody fingerprint on a chair. The defense wants the untested prints compared to Hartmann as well as Snipes’ ex-boyfriend. They’ve been seeking the tests for years, but the state will not cooperate. “If Brett’s not a match to the bloody fingerprints, then that’s pretty good evidence that someone other than Brett committed this crime,” Benza said. Some fingerprints that were apparently tested, he said, were never linked to Hartmann. Other items were sent for testing. What those items were, however, were never disclosed to defense attorneys, he said. “That’s what I find really most disturbing,” Benza said. “The prosecutors wanted it tested at trial, yet we get no answers from anybody on why there were not tested.” Details of slaying Snipes, 46, was found dead in her South Highland Avenue apartment. Her body was bound at the ankles, her torso stabbed more than 130 times, her neck slashed and her hands severed and missing. Hartmann, who had a casual sexual relationship with Snipes, contends he had been with her about 14 hours earlier during a sexual encounter, but did not kill her. It was Hartmann, then 23, who reported finding Snipes’ body. He told police he went to her apartment, discovered her mutilated body and panicked, fearing police would pin the murder on him. He cleaned up evidence of his previous visit — cigarette butts, beer cans and his T-shirt, which he said was left behind in his haste to leave Snipes after their sexual encounter. About two hours after finding the body, Hartmann said, he made a series of 911 calls in an attempt to report Snipes’ death anonymously. He was later arrested when his bloody shirt and a watch belonging to Snipes were found in his bedroom. His semen was also found in Snipes’ body. Years later, a federal judge ordered additional DNA testing from Snipes’ body. The DNA was linked to Hartmann. But defense attorneys counter that Hartmann had already acknowledged having sex with Snipes before her death. They want specific evidence tested before the execution goes forward. Clock evidence The clock has been an intriguing untested item since the slaying in September 1997. It was found inside Snipes’ apartment stopped at 4:40. The cord was cut and used to strangle Snipes, who had been seen alive at 4:30 p.m. Defense attorneys believe the clock stopped around the time of the murder. Phone records suggest Hartmann was at his home at 4:50 p.m. In past appeals, defense attorneys say a former jail inmate lied at Hartmann’s original trial and the ex-con’s attorney, Tom Adgate, would confirm it — if he was granted immunity from attorney-client privacy violations. They also allege that Snipes had an abusive boyfriend with a violent history who was never fully investigated by Akron police, lacked an alibi and likely saw Hartmann and Snipes together just before the killing. Prosecutor Sherri Bevan Walsh declined to comment Friday through a spokeswoman, preferring to wait until after Tuesday’s scheduled execution. In 2009, a federal appellate court granted a stay a week before Hartmann was to die. In 2011, an unofficial moratorium by Gov. John Kasich sparred Hartmann for another year. Walsh and state attorneys have consistently maintained Hartmann’s guilt and say he has already had his chance at DNA testing. The Supreme Court, Benza said, has granted three stays of execution in the past month to grant evidence testing to condemned inmates. Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com. www.ohio.com/news/local/convicted-akron-killer-brett-hartmann-takes-death-appeals-to-11th-hour-1.349234 |
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Post by Guest on Nov 12, 2012 21:54:05 GMT -5
Condemned killer Brett Hartmann loses last appeal Ohio death row inmate Brett Hartmann first discovered he was a father earlier this year. This morning, he is set to be executed. His daughter, a 20-year-old Akron woman, learned through DNA testing that Hartmann is her father. She is only now coming to grips that her newfound relationship is fleeting. Her father wants a new round of DNA testing in the hopes of confirming his innocence. His pleas and possibly his life are at a crossroads. The U.S. Supreme Court on Monday night declined to stop his execution scheduled for 10 a.m. today. “I feel bad for her, finding out I’m her father and I might not be around much longer,” Hartmann, 38, said in a recent interview. The woman did not want to be publicly identified. “It’s just awful this has to happen so soon,” she said. She said she grew up knowing her father was in prison. Her mother, who had a relationship with Hartmann in the early 1990s, spared her the details until this past summer. The woman said the news left her shocked, happy and depressed. She said she read about Hartmann’s case and believes his pleas of innocence. “I’m happy, [but] it hurt a little bit,” she said. Meanwhile, Hartmann’s daughter and family gathered a week ago for a final visit at Ohio’s death row at the Chillicothe Correctional Institution. His daughter was among the 30 to 40 guests. On Monday, Hartmann was driven 45 minutes south to the Southern Ohio Correctional Facility in Lucasville to await either a stay or his death. Hartmann was sentenced to death 15 years ago for the brutal slaying of Winda Snipes, 46. She was found dead in her South Highland Avenue apartment in September 1997. Her body was bound at the ankles, her torso stabbed more than 130 times, her neck slashed and her hands severed and missing. Hartmann, who had a casual sexual relationship with Snipes, contends he had been with her about 14 hours earlier during a sexual encounter but did not kill her. His attorneys contend a number of items taken from the crime scene have never been tested against Hartmann’s DNA. Prosecutors say the evidence against Hartmann, including his DNA found on Snipes’ body, is overwhelming proof of his guilt. He also anonymously called 911 that night to report the slaying and later told detectives he destroyed evidence out of fear of being charged in the killing. This is the third time Hartmann has come close to execution. In 2009, he received a stay one week prior to his death so a federal appeals court could review his case. Last year, there was an unofficial moratorium on Ohio death cases, which delayed his August execution. “It’s a lot harder this time because I don’t know what’s going to happen,” Hartmann said in a phone call Saturday. “Three years ago, I thought it was going to happen and I accepted it. So when it didn’t happen, it was a relief. “A year ago, I didn’t think it was going to happen. And it didn’t. This time, it’s just a lot tougher not knowing and everything.” His attorneys, Michael Benza and David Stebbins, said Hartmann’s final appeals to the Supreme Court were denied Monday night. A prison spokeswoman said Hartmann was “calm and cooperative” after arriving at Ohio’s so-called death house in Lucasville about 9:40 Monday morning. He was expected to be served a special meal consisting of steak with sauteed mushrooms, fried shrimp, baked potato with butter and sour cream, macaroni and cheese, ice cream, Pepsi, Dr Pepper and Honeycomb cereal with milk. He was to visit with family, spiritual advisers and his lawyers through the night. His daughter was expected to visit as well. “He’s actually in pretty good spirits given everything that’s happening,” Benza said Monday. Hartmann’s sister, Diane Morretti, is one of three inmate witnesses. A lawyer and a friend also will attend on his behalf. Jacqueline Brown, a friend of Snipes, is the only witness on behalf of the victim. Snipes’ family, including a mother and sister, live outside Ohio and declined to witness the execution. www.ohio.com/news/break-news/condemned-killer-brett-hartmann-s-loses-last-appeal-1.349635 |
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Post by thinkinkmesa on Nov 13, 2012 0:59:30 GMT -5
Ohio set to execute inmate convicted of mutilating Akron woman; high court denies appeal Brett Hartman says he had sex with Winda Snipes early on the morning of Sept. 9, 1997, at her Akron apartment. He also says he went back to Snipes' apartment later that day, found her mutilated body and panicked, trying to clean up the mess before calling 911. What Hartman says he didn't do is kill Snipes, who was stabbed 138 times, had her throat slit and her hands cut off. Numerous courts over the years have rejected Hartman's claim. And on Tuesday, he's scheduled to die by injection in Ohio's death chamber. Hartman, 38, had one remaining appeal before the U.S. Supreme Court, which the high court denied on Monday. "Calm and cooperative" was how prisons spokeswoman JoEllen Smith described Hartman after he arrived at the Southern Ohio Correctional Facility in Lucasville on Monday morning. Hartman will be housed in a cell a few steps away from the death chamber. Hartman began meeting with visitors late Monday afternoon, including a friend, a Buddhist monk and a translator for the monk, Smith said. Earlier he was writing and watching TV, Smith said. His last meal was to be served after his visitors leave Monday. Hartman came within about a week of execution in 2009 before federal courts allowed him to pursue an innocence claim. When that claim failed, Hartman had a new date set last year, but that was postponed because of a federal lawsuit over Ohio's execution policy. The Ohio Parole Board has unanimously denied Hartman's requests for clemency three times, citing the brutality of Snipes' slaying and the "overwhelming evidence" of Hartman's guilt. Hartman admitted having sex with Snipes sometime after midnight that day, going back to her apartment the following evening, finding her body and then wiping down anything he had touched, records show. He also called 911 about the body. The county medical examiner testified that Snipes was killed late in the afternoon or early in the evening the same day, according to records. Hartman's appeal before the U.S. Supreme Court asks that he be allowed to renew arguments that his original attorneys did a bad job presenting evidence about his troubled childhood that could have led a jury to spare him. Hartman's attorneys have long said that crucial evidence from the crime scene and Snipes' body has never been tested, raising questions about Hartman's innocence. The evidence included fingerprints allegedly found on a clock and a mop handle. Hartman also argues the evidence could implicate an alternate suspect. His attorneys also argue that if Hartman's innocence claim is not accepted, he should still be spared because of the effects of a "remarkably chaotic and nomadic early childhood," including being abandoned by his mother and left with an aunt on an isolated Indian reservation. In addition, they say Hartman's behavior in prison has been exemplary and shows he is a changed man. They cite his devotion to religious studies, his development as an artist and his community service projects in prison. The state opposes these arguments, citing the strength of the evidence and the fact that courts have repeatedly upheld Hartman's conviction and death sentence. The state also says Hartman refuses to take responsibility and show remorse. www.therepublic.com/view/story/e2e16b956fa94c139d4c05fa99067e76/OH--Death-Penalty-Ohio |
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Post by thinkinkmesa on Nov 15, 2012 2:07:20 GMT -5
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Post by thinkinkmesa on Nov 15, 2012 2:35:25 GMT -5
Ohio executes Brett Hartmann in slaying of Highland Square woman Brett Hartmann is dead. After 15 years of failed appeals, the condemned Akron man was strapped to a gurney Tuesday morning at the Southern Ohio Correctional Facility. “I’m good. Let’s roll,” he said in his final words as a dose of lethal drugs were shot into his system. He smiled and gave a thumbs up to his sister as she watched the execution through a glass window. Sixteen minutes later, at 10:34 a.m., Hartmann was declared dead. He maintained his innocence since his 1997 conviction for the slaying of Winda Snipes, 46, who lived in Akron’s Highland Square neighborhood. In a statement released after the execution, Hartmann’s family, which includes a daughter and sister, said they hope the death serves as a “wake up call to the flaws in our legal system.” Prosecutors have always said there was “overwhelming” evidence of his guilt. “After numerous appeals and stays of execution, the state of Ohio carried out Brett Hartmann’s death sentence,” Summit County Prosecutor Sherri Bevan Walsh said in a news release. “The evidence was overwhelming that he brutally stabbed and mutilated Winda Snipes. Hopefully, Winda’s friends and family can now start the healing process.” Hartmann’s sister Diane Morretti and a friend, John McClure, witnessed the execution. Hartmann appeared to smile broadly at his sister as he was dying. He eventually turned away from the window and closed his eyes. Minutes into the execution, he spoke to prison Warden Donald Morgan. “This is not going to defeat me,” Hartmann said, according to the Associated Press. Morgan did not respond. In a 25-minute phone call Monday night with a Beacon Journal reporter, Hartmann, 38, said he was relieved to finally learn his fate in the face of his pending appeals. For several weeks, his future was uncertain due to his appeals to obtain more DNA testing on crime-scene evidence. ‘It’s my time,’ convict says He said he was disappointed, but not surprised, the U.S. Supreme Court declined to stop his execution Monday evening. Twice before, in 2009 and 2011, Hartmann was given a stay. “It’s the road I got to walk,” he said. “It’s my time. It’s hard, especially for my family. But it’s not overwhelming for me. I’ve just never had any luck.” He said he had no desire to spend the rest of his life in prison and was hoping to win a second trial and secure additional DNA testing. He said his family knows he is innocent, and he hopes the search for Snipes’ true killer continues. “I think we’re lucky on death row because we have an out,” Hartmann said. “It’s a harsh structure in prison, but at least we’re not in for 50 to 60 years. Death row is its own little enigma. We are in our own little world. “But being locked up and away from family, it’s tough. I’m tired of fighting and no one listening. I’m tired of begging for money [and tired] of prison. So, there’s some relief.” Hartmann’s years of appeals ended about 6 p.m. Monday, when his attorneys told him the U.S. Supreme Court declined to intervene. He was convicted of aggravated murder and kidnapping in 1997. “It’s all over and I’m relieved,” said Jacqueline Brown of Doylestown. She served as the only witness on Snipes’ behalf. Snipes’ mother is in poor health and was unable to attend, Brown said. “It’s a shame he died so peacefully. There’s no doubt he did it. No doubt at all,” she said. Snipes and Hartmann had been involved in what he called a casual sexual relationship for several months before her death. Hartmann, then 23, told police he was with Snipes the night before her death and the two drank alcohol and had sex. He said he left her South Highland Avenue apartment and returned about 14 hours later to find her dead. Snipes was stabbed more than 130 times. Her hands were severed. She was not raped, authorities said. Alibi in slaying Instead of calling 911 immediately after finding Snipes’ body, Hartmann said he panicked, fearing he would be blamed for the murder because of their sexual encounter the previous day. He said he walked to a bar and got drunk. He then went back to the apartment and removed evidence of his visit and returned home. Later that night and even more intoxicated, he reported the murder during a series of anonymous 911 calls and waited around the Highland Square neighborhood. Eventually, he talked to officers at the scene and became a suspect. Detectives went to Hartmann’s apartment and found a bloody T-shirt stashed behind his bed. They also found Snipes’ jewelry. Hartmann said he had left the T-shirt at Snipes’ apartment the night before and took it along with other items to conceal his visit, not his guilt. “I made a lot of bad decisions that night, and I’m paying the price now,” Hartmann said in the phone call to a Beacon Journal reporter. “I was drunk and stupid, basically.” Hartmann said his greatest regret is not being around for his daughter, whom he met for the first time this year. The 20-year-old Akron woman was unaware he was her father until her mother broke the news in the summer. Hartmann and the woman’s mother had a relationship early in the 1990s. A paternity test confirmed the inmate’s parentage. The woman visited Hartmann at the death house Monday night. “She cried outside in the hall, but she held up pretty good during our visit. It’s pretty hard for her,” he said. During the phone call, Hartmann joked often, even about his cremation. He said his remains probably would wind up in a box in some family member’s basement. He marveled at the size of his special meal, which included steak, shrimp and a baked potato. “What else are you going to do?” he said. “Sometimes, all you can do is laugh.” www.ohio.com/news/break-news/ohio-executes-brett-hartmann-in-slaying-of-highland-square-woman-1.349829 |
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Post by thinkinkmesa on Nov 15, 2012 2:56:39 GMT -5
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Post by thinkinkmesa on Nov 15, 2012 3:37:18 GMT -5
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Post by thinkinkmesa on Nov 15, 2012 10:48:18 GMT -5
Coughing, writhing preceded death in Ohio execution Ohio on Tuesday executed a condemned killer who calmly went to his death still claiming he was innocent of stabbing a woman 138 times, slitting her throat and cutting off her hands. "I'm good, let's roll," Brett Hartman said in his final words. He then smiled in the direction of his sister and repeatedly gave her, a friend and his attorney a "thumbs up" with his left hand. "This is not going to defeat me," Hartman then said to warden Donald Morgan, who didn't respond. The effect of the single dose of pentobarbital did not seem as immediate as in other executions at the state prison in Lucasville, in southern Ohio. Four minutes after Hartman first appeared to be reacting to it as his abdomen began to rise and fall, his abdomen rose and fell again, he coughed and his head shifted rhythmically for a few moments. His sister, Diane Morretti, dabbed at her eyes during the process. The warden declared Hartman's time of death as 10:34. Both Hartman's attorney, David Stebbins, and prisons system spokeswoman JoEllen Smith said the gap between Hartman's movements was not out of the ordinary. Hartman was the 49th inmate put to death since Ohio resumed executions in 1999. Hartman acknowledged that he had sex with Winda Snipes early on the morning of Sept. 9, 1997 at her Akron apartment. He also says he went back to Snipes' apartment later that day, found her mutilated body and panicked, trying to clean up the mess before calling 911. But Hartman said he didn't kill her, a claim rejected by numerous courts over the years. A former co-worker and friend of Snipes who witnessed the execution said afterward that the family was relieved the case was over and that the continuous rounds of appeals and media reports about the case were at an end. Jacqueline Brown of Doylestown in northeast Ohio also flatly dismissed Hartman's innocence claim. "He's very, very, very guilty," she said afterward. "Now Winda can be at peace, and that's what it's all about." Stebbins read a statement from Hartman's family in which they professed his innocence and asked for additional testing of scene evidence. "We hope that the taking of Brett's innocent life might serve as a wake-up call to the flaws in our legal system," the statement said. Hartman came within about a week of execution in 2009 before federal courts allowed him to pursue an innocence claim. When that claim failed, Hartman had a new date set last year, but that was postponed because of a federal lawsuit over Ohio's execution policy. The Ohio Parole Board had unanimously denied Hartman's requests for clemency three times, citing the brutality of the Snipes' slaying and the "overwhelming evidence" of Hartman's guilt. Hartman's attorneys long said that crucial evidence from the crime scene and Snipes' body had never been tested, raising questions about Hartman's innocence. The evidence included fingerprints allegedly found on a clock and a mop handle. Hartman also argued the evidence could implicate an alternate suspect. The attorneys argued that if Hartman's innocence claim wasn't accepted, he should still have been be spared because of the effects of a "remarkably chaotic and nomadic early childhood," including being abandoned by his mother and left with an aunt on an isolated Indian reservation. His lawyers also said Hartman's behavior in prison was exemplary and showed he was a changed man. They cited his devotion to religious studies, his development as an artist and community service projects in prison. The state opposed those arguments, citing the strength of the evidence and the fact that courts have repeatedly upheld Hartman's conviction and death sentence. The state also said Hartman refused to take responsibility and show remorse. abclocal.go.com/wls/story?section=news/national_world&id=8886398 |
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Post by thinkinkmesa on Nov 17, 2012 1:28:21 GMT -5
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Post by thinkinkmesa on Nov 26, 2012 23:45:19 GMT -5
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Post by thinkinkmesa on Nov 27, 2012 1:44:38 GMT -5
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