Monthly Archive: February 2024

Texas Executes Double Murderer

A Texas man convicted and sentenced to death for the 2000 robbery and murder of his cousin, James Mosqueda, and the cousin’s fiancee, Amy Kitchen, was executed Wednesday evening. James Powell of USA Today reports that Ivan Cantu continued to claim that he was innocent right up to his death, arguing that his ex-girlfriend gave false testimony at trial implicating him in the killings and that his defense attorney was incompetent.  Kim Kardashian contacted Texas Governor Greg Abbot asking him to postpone the execution for 30 days and 150,000 people signed a petition urging a stay of execution. Based on the overwhelming evidence, it is remarkable that anyone could question Cantu’s guilt.

Continue reading . . .

Virginia AG Opposes Sentence Reduction Bill

Virginia Attorney General Jason Miyares has announced his opposition to an amendment to the state’s budget bill which gives sentence reductions to criminals, including violent criminals. Hans Bader of Liberty Unyielding reports that in a letter to the Democrat-controled legislature Miyares wrote,

“Cutting sentences for violent crime, especially in cases identified as a high risk for recidivism, is having a detrimental impact on public safety throughout Virginia,” Miyares wrote in the letter. “Aggressive sentence reductions for violent criminals and those with high risk for recidivism disregards past and future victims. Allowing such a practice is not justice, and it’s not safe.”

Continue reading . . .

Creech Execution Update

Update to yesterday’s post.The U.S. Supreme Court denied Thomas Creech’s three petitions without noted dissent. However, at 11 am MST, the Idaho Dept. of Corrections announced:

At approximately 11am, Director Tewalt, after consulting with the medical team leader, determined that the medical team could not establish an IV line, rendering the execution unable to proceed. Mr. Creech will be returned to his cell and witnesses will be escorted out of the facility. As a result, the death warrant will expire at 11:59 p.m.. The State will consider next steps. Director Tewalt and State witnesses, to include the media, will be arriving in the media center shortly for a brief press conference.

Continue reading . . .

Idaho to Execute Serial Killer

Thomas Creech—who murdered at least six people, was sentenced to death in 1974, and then killed a fellow prison inmate in 1981—is finally facing execution on Wednesday in Idaho, as reported by the Associated Press. Last Friday, a panel of the Ninth Circuit Court of Appeals rejected Creech’s claim that he should not be executed because he was sentenced for killing the inmate by a judge rather than a jury. While investigators believe that Creech murdered 11 people, he has only faced trial for six.

Creech’s first victim was 70-year-old retiree Paul Schrader, who he stabbed to death in Tuscon. After killing him, he used his victim’s credit cards and vehicle to flee to Portland, Oregon. He used a mental defense, was acquitted for that murder, and was committed to an Oregon mental hospital. In 1974, on a weekend pass,  Creech traveled to Sacramento and killed Vivian Grant Robinson at her home. The crime went unsolved until Creech confessed while in custody in Idaho. He was convicted of Robinson’s murder in 1980. Continue reading . . .

Arizona DA Refuses to Extradite Murder Suspect to NYC

The top prosecutor in Maricopa County, Arizona told reporters Wednsday that she is turning down the Manhattan District Attorney’s request to extradite a murder suspect because they are too soft on crime in New York City. Michael Dorgan of Fox News reports that Raad Almansoori is a suspect in the February 8 murder of a 38-year-old woman in New York. He allegedly beat the victim to death with a clothes iron.  Before he could be arrested, he fled to Arizona where he is now facing charges for the February 18 stabbing of two women and the attempted rape of one of them in a McDonald’s restroom. Police arrested him after he fled the scene in a stolen car. At a recent press conference, Maricopa County Attorney Rachel Mitchell said, “having observed the treatment of violent criminals in the New York area by the Manhattan D.A. there, Alvin Bragg, I think it’s safer to keep him here and keep him in custody so that he cannot be out and doing this to individuals either in our state or county or anywhere in the United States. He is being held without bond, meaning there is no amount of money that he can post to get out of custody at this point.”

Continue reading . . .

Recidivism trends in California: New CDCR report

Recidivism rates are down, according to a new report by the California Department of Corrections and Rehabilitation (CDCR). In a press release accompanying the report, they state that “the report marks the second year of data showing the effects of the passage of Proposition 57, and the findings point to lower recidivism rates for those who earned credits from participation and completion of rehabilitative programming.”  But this statement is misleading. While the data showed a slight decrease in recidivism rates, correlation does not equal causation, and this would be an overly simplistic interpretation of the data. There are other factors that could have contributed to recidivism rates, such as the COVID-19 pandemic, which influenced crime rates and caused many court closures and temporary suspensions of intakes and transfers to CDCR, which likely influenced recidivism measures in this report. The report did not rigorously evaluate the impacts of Prop 57, and therefore, the findings are not sufficient to demonstrate a casual relationship between Prop 57 and reduced recidivism rates. Continue reading . . .

Inconsistent Verdicts

This morning the U.S. Supreme Court issued its first decision in a criminal case for this term. In McElrath v. Georgia, No. 22-721, the high court unanimously reversed a decision of the Georgia Supreme Court regarding inconsistent verdicts. This is not a surprise.

Juries sometimes issue inconsistent verdicts in a single case. That is, they may render verdicts on different counts tried together that contradict each other in the facts that they necessarily require. What effect does the Double Jeopardy Clause of the U.S. Constitution have when a jury issues such a verdict in a state criminal case? Continue reading . . .

Court Rejects AG Bonta’s Bid to Release Violent Criminal

A violent gang member serving a prison sentence for stalking his ex-girlfriend has been denied early release by California’s Third District Court of Appeal.  Kelly Kimble received his third felony conviction in 2008 for stalking his ex-girlfriend. He was sentenced under the state’s “Three Strikes” law to 25-years-to-life plus one year based on a prior prison term enhancement. His two prior convictions were for attempted kidnapping and making criminal threats. As reported by the Metropolitan News Enterprise, in 2013 Kelly had petitioned for re-sentencing after state voters adopted Proposition 36,  the “Three Strikes Reform Act.”  That measure allowed criminals convicted of a third felony, not considered violent or serious, who had only one violent prior conviction to receive a reduced sentence at the discretion of a judge. The judge in this case explained that Kimble’s prior acts “involved physical violence” that he had violated conditions of probation and conditions of parole, that he “continues to defy authority year after year.” Twice assaulting other prisoners, and maintained gang ties. In 2014 the Court of Appeal upheld the judge’s decision. Then in 2022 Governor Newsom signed SB 483, another pro-criminal release bill, into law.

Continue reading . . .

Crude Statistics and Discrimination Claims

Here is yet another case of a misleading claim via crude statistics. (See also this post.) This one, unfortunately was actually bought by a federal district judge, with grave implications.

Hans Bader has this post at Liberty Unyielding on a recent decision out of Richmond, Virginia.

A judge recently found that the City of Richmond racially profiles black motorists, dismissing the indictment of a black convicted felon accused of illegally possessing a gun. The judge did not find that defendant Keith Moore had been treated differently than a similarly situated-white motorist. Instead, he ruled that Richmond police stops are racially discriminatory, based on statistics showing blacks are stopped and arrested at much higher rates than whites …. Continue reading . . .