"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." Oscar Wilde

Wednesday, September 2, 2015

Missouri executes Roderick Nunley

Roderick Nunley
Roderick Nunley
BONNE TERRE, Mo. (AP) - Missouri executed Tuesday evening Roderick Nunley for the kidnapping, rape and fatal stabbing of 15-year-old Ann Harrison in 1989.

Nunley was pronounced dead at 9:09 p.m., according to the Missouri Department of Corrections.

Roderick Nunley is the 20th person executed in 2015 and the 1,414th executed in post-Furman era. He becomes the sixth death row inmate executed in Missouri this year and the 18th since the state resumed executions in November 2013.

Nunley was sentenced to death for the 1999 kidnapping, rape and murder of 15-year-old Ann Harrison in Kansas City. He was charged along with Michael Taylor, who was executed last year.

According to police reports and court documents, Nunley and Taylor had been using cocaine the night of March 21, 1989, and then stole a car during the early morning hours of March 22.

They saw Ann Harrison standing in her driveway waiting on a school bus. When they pulled up to her, Taylor grabbed her, pulling her inside the car.

Nunley then drove to his mother’s house in Grandview, a suburb of Kansas City, where Harrison was taken blindfolded into the basement. He said in court that Taylor raped Harrison while he did nothing to prevent it, and that they both later agreed to kill her to prevent her from testifying against them in court.

Harrison was stabbed multiple times and left in the trunk of the stolen car to die. Both the car and her body were discovered three days later in a nearby neighborhood.

Nunley pleaded guilty to first-degree murder in 1991, in the hopes of receiving a life sentence, but after a three-day sentencing hearing he was sentenced to death.

In 1994, Nunley filed a motion to withdraw his guilty plea, which was rejected. His attorneys had argued that he suffered from a “dependent personality disorder” and that his judgment was impaired due to his cocaine use when Harrison was murdered. They also accused the Jackson County prosecutor’s office of having a track record of racial discrimination when pursuing the death penalty in cases where the defendant was African American and the victim was white.

Late Friday, the Missouri Supreme Court rejected Nunley’s request to withdraw the execution warrant, and a motion on Monday to reconsider that decision was also rejected.

Meanwhile, Nunley’s attorney, Jennifer Herndon, has filed another appeal based on the state’s refusal to disclose where it gets its execution drug, although that maneuver failed to halt other executions carried out in Missouri this year.

The Marshall Project, which has put forth several articles critical of the death penalty, recently had an article that was critical of Herndon.

Sources: KCUR.org, Marshall Griffin, AP, DPN, Rick Halperin, Sept. 1, 2015

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Tuesday, September 1, 2015

Iran: Inmate Hanged in Public in Bandar Abbas

Public execution in Bandar Abbas, Iran on Sept. 1, 2015
Public execution in Bandar Abbas, Iran on Sept. 1, 2015
One prisoner on death row allegedly charged with kidnapping, armed robbery and rape was executed in public in the city of Bandar Abbas.

Iran Human Rights, Tuesday September 1 2015: One prisoner on death row who was allegedly charged with kidnapping, armed robbery and rape was executed in public in the city of Bandar Abbas. 

According to the Press Department of Hormozgan's Judiciary, the prisoner's initials are "A.Gh."

The report mentions the prisoner's brothers, identified as "V.Gh." and "A.Gh.", for allegedly assisting in the crime, but did not mention whether they are on death row.

Source: Iran Human Rights, Sept. 1, 2015

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Arkansas Attorney General asks governor to set executions for 8 inmates

Arkansas Attorney General Leslie Rutledge has officially asked Gov. Asa Hutchinson to set execution dates for 8 death-row inmates who have exhausted all appeals.

The request Tuesday came after a 10-year hiatus on executions in the state because of legal challenges to the state's death-penalty procedures.

The last execution - Eric Nance, convicted of murdering 18-year-old Julie Heath of Malvern in 1993 - was carried out in November 2005 by using a 3-drug cocktail of phenobarbital, a paralytic agent and potassium chloride.

The Arkansas Department of Correction recently obtained the execution drugs, 1 of which was midazolam.

The use of the drug was challenged in federal court after a handful of botched executions. 

Death-penalty opponents claimed that the drug does not induce a complete level of unconsciousness, which allows the inmate to feel pain.

Source: arkansasonline.com, Sept. 1, 2015

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Taiwan court acquits man after controversial death penalty case

A defendant in a controversial death penalty case was declared innocent after his 9th appeal yesterday, exactly 20 years after his alleged crime.

Hsu Tzu-chiang is 1 of 3 men sentenced to death in 2000 for the murder of a real estate businessman on Sept. 1, 1995.

Activists and Hsu's lawyers criticized the ruling on grounds that the sentence had been based on the confessions of his co-defendants.

The Taiwan High Court yesterday overturned Hsu's seven death sentences and two life sentences, declaring him not guilty.

The case had already gone through 8 appeals on repeated retrials.

Hsu, in disbelief, turned to a nearby friend after the announcement and asked, "Is it not guilty?" Upon confirming the verdict, the defendant embraced his tearful mother.

"I have waited for 20 years," he said to a crowd of supporters waiting outside the high court. The sentence can still be appealed.

Hsu and 2 other men were sentenced to death for the alleged murder of real-estate businessman Huang Chun-shu in 1995.

The victim was kidnapped outside his home; after his murder, his disfigured body was abandoned in New Taipei City, and then Taipei County.

During the trial, defendants Huang Chun-chi and Chen Yi-lung were sentenced based on forensic evidence, while Hsu was convicted based on their testimony.

A 4th defendant had escaped to Thailand, where he died.

Activists have criticized Hsu's sentence and said that there was security footage proving he was elsewhere during the events.

The Judicial Reform Foundation has called the case deeply flawed, saying it demonstrates the need to implement a jury system in Taiwan to reduce judicial bias.

After the initial sentencing, 1 of the 2 defendants said he had accused Hsu as a way of getting revenge and that Hsu was innocent.

In 2001, Taiwan's Control Yuan released a report on Hsu's conviction that condemned the sentencing.

Hsu's case is one of the longest-running murder cases in Taiwan's history, and his acquittal falls exactly 20 years after the alleged murder. Huang Chun-chi and Chen Yi-lung remain on death row.

Source: The China Post, September 1, 2015

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Ricketts: 'One step at a time' on death penalty

Gov. Pete Ricketts says his administration will wait until death penalty petition signatures are verified before deciding whether to proceed with executions.

"I think it's important to take this one step at a time," Ricketts said Tuesday. "There's a process in place here I think we need to follow."

Death penalty supporters last week turned in 166,692 petition signatures from Nebraska voters calling for capital punishment to be reinstated and for the issue to be put to a public vote in November 2016.

If verified, that's more than enough to stop the death penalty repeal passed by the Legislature over Ricketts' veto in May.

Nebraskans for the Death Penalty needs about 57,000 verified signatures -- 5 percent of the state's registered voters — to put the issue to a vote and about 114,000 — 10 percent of registered voters — to stop the repeal from going into effect.

The state still does not have the means to carry out an execution of any of the 10 men on death row.

Department of Correctional Services Director Scott Frakes is trying to import two of the three drugs in the state’s lethal injection protocol, but has not been able to get the sodium thiopental and pancuronium bromide from a broker in India into the country. The department has a supply of the third drug, potassium chloride.

Ricketts and his father, Joe Ricketts, have been reported as the largest individual financial contributors to the campaign to restore the death penalty, which had raised $652,000 by the end of July, as reported to the Nebraska Accountability and Disclosure Commission. At the last filing with the commission, the governor and his father had contributed at least $300,000.

Source: JournalStar.com, Zach Pluacek, Sept. 1, 2015

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Supremacist convicted of killing 3 at Kansas Jewish sites

Frazier Glenn Miller Jr.
Frazier Glenn Miller Jr.
The man who admitted killing 3 people at 2 suburban Kansas City Jewish sites gave jurors a Nazi salute Monday after they convicted him of murder and other charges for the shootings, which he said would allow him to "die a martyr."

It took the jury of 7 men and 5 women just over 2 hours to find Frazier Glenn Miller Jr. guilty of 1 count of capital murder, 3 counts of attempted murder and assault and weapons charges.

After the verdict was announced, Miller, 74, of Aurora, Missouri, said: "The fat lady just sang" and he raised his right arm in the Nazi salute. As jurors were filing out of the courtroom later, he told them: "You probably won't sleep tonight."

The judge reminded Miller that the same jury will decide his sentence. He could get the death penalty. The sentencing proceedings were expected to begin Tuesday.

During the prosecution's closing, District Attorney Steve Howe cited a "mountain of evidence" against Miller, who is charged with capital murder in the April 2014 shootings at 2 Jewish sites in Overland Park, Kansas. Although he has admitted to killing the three people, he has pleaded not guilty, saying it was his duty to stop genocide against the white race. None of the victims was Jewish.

"He wants to be the one who decides who lives and dies," Howe said of Miller.

The Passover eve shootings killed William Corporon, 69, and Corporon's 14-year-old grandson, Reat Griffin Underwood, at the Jewish Community Center in Overland Park, and Terri LaManno, 53, at the nearby Village Shalom retirement center.

During his closing, Miller said he had been "floating on a cloud" since the killings. Earlier, he objected when Howe alleged he wanted to kill as many people as possible. Miller interjected: "I wanted to kill Jews, not people."

Miller, who also was known as Frazier Glenn Cross Jr., urged jurors to "show great courage" and find him not guilty.

"You have the power in your hands to inspire the world," he said. "You can become a man or woman your forefathers will be proud of for your bravery."

The proceedings were marked with frequent outbursts from Miller, who objected repeatedly while jurors were out of the courtroom during discussions about what instructions should guide deliberations. At one point, he said, "I object to everything on the grounds of George Washington, our founding father."

The objections became so heated that Judge Thomas Kelly Ryan temporarily ejected Miller from the courtroom when Miller said he didn't respect the process and used an anti-Semitic comment to criticize the court system. Ryan told Miller that if there were further outbursts, he would permanently eject him or declare a mistrial.

Miller groused before finally agreeing, "I will take it under advisement and try to improve."

Miller is a Vietnam War veteran who founded the Carolina Knights of the Ku Klux Klan in his native North Carolina and later the White Patriot Party. He also ran for the U.S. House in 2006 and the U.S. Senate in 2010 in Missouri, each time espousing a white-power platform.

Source: Associated Press, Sept. 1, 2015

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Family of Filipina on death row going to Dubai

The family of an Overseas Filipino Worker (OFW) from this city who is facing death penalty in the United Arab Emirates (UAE) after being convicted last May of killing her employer will finally meet with her in the next few days.

Rahima Dalquez, mother of convicted OFW Jennifer, said Tuesday they are set to leave for the UAE anytime this week to visit her daughter at the Al Ain jail and help in the ongoing appeals for her case.

Rahima will be joined by her husband Abdulhamid and another family member in the trip, which is being facilitated by the Department of Foreign Affairs (DFA).

"We're happy that Allah is giving us this chance to see her and we're very thankful to the government for making this happen," she said in the vernacular in an interview over TV Patrol Socsksargen.

Jennifer Dalquez, 28, who hails from Barangay Labangal here, was sentenced to death by a court in Al Ain, UAE last May 20 for stabbing her employer to death on Dec. 7, 2014.

During trial, she said the act was in self-defense after her Emirati employer had tried to rape her.

Ebrahim Zailon, acting head of the DFA regional consular office here, said the agency had assigned a lawyer to handle Dalquez' case, especially her appeal.

A hearing for her appeal was set on Sept. 3 in Al Ain, UAE.

Labor Secretary Rosalinda Baldoz visited Dalquez in jail last June 18 and expressed "high hopes" that the appeal would be successful.

The Department of Social Welfare and Development and the Overseas Workers Welfare Administration had provided assistance to Dalquez' family, especially her 2 children.

Jennifer's father Abdulhamid believes her daughter's conviction would be overturned as she only acted in self-defense.

"She's innocent so we're very hopeful with her appeal," he said.

Rahima, on the other hand, advised relatives of other OFWs who are facing various sentences overseas "not to lose hope."

"We're also hoping that we will be joined by Jennifer when we return home," she added.

Source: mindanews.com, Sept. 1, 2015

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Attorneys For Oklahoma Death Row Inmate Richard Glossip Say They Have New Information In His Case

Richard Glossip
Richard Glossip
OKLAHOMA CITY - Lawyers for Oklahoma death row inmate Richard Glossip will release new information in the case that they say jurors never saw.

This on the same day supporters go on Dr. Phil to make an emotional plea to save his life.

In an hour-long episode of Dr. Phil Monday, actress Susan Sarandon and anti-death penalty advocate Sister Helen Prejean laid out the case of why they believe Richard Glossip should not be executed on September 16.

At the center of their concerns is the testimony of Justin Sneed. Sneed is the one who actually killed Barry Van Treese, but testified Glossip was the mastermind behind the murder in a deal to avoid the death penalty for himself.

“It was solely on the word of this man, Justin Sneed, who was 19-years-old, under pressure and he finally gives them what they want to hear,” said Prejean on the Dr. Phil show.

“They’ve got about eight distinct and separate stories that he has told,” said Don Knight, one of Glossip’s attorneys.

Monday, Knight and Glossip's other attorney's released a 43-page document of the statements Sneed made to the police, at trial, and to relatives.

“When you see all these other stories you realize even if one of them is somehow true, this man has told lies at least seven other times,” Knight said.

Yet, Glossip's supporters and attorneys say Glossip was convicted and sentenced to death solely on Sneed's testimony.

“To hear all the conflicting things and then say you going to believe on the word of this man? That he hired him? The one aggravating circumstance in getting the death penalty,” Prejean said.

Gov. Mary Fallin says she would reconsider her decision not to grant a 60 day stay to Glossip if new evidence came forward, but at this point, Glossip's attorney's haven't filed anything new with the courts.

Source: News 9, Dana Hertneky, Sept. 1, 2015


Documents reveal snitch told police numerous stories about 1997 killing

Homicide detectives pressured killer into implicating death row inmate Glossip

OKLAHOMA CITY – Convicted killer Justin Sneed told Oklahoma City homicide detectives several different stories before settling on a version they liked in connection with a 1997 killing, according to documents obtained for this Red Dirt Report exclusive.

Summary of Justin Sneed's stories

Over the course of two murder trials and seven years, Sneed’s stories changed or were embellished as he testified against former co-worker Richard Glossip who is scheduled to die by lethal injection Sept. 16 for the death of Oklahoma City motel owner Barry Van Treese.

Sneed, a maintenance man at the Best Budget Inn, pleaded guilty to beating Van Treese with a baseball bat and is now serving a sentence of life in prison without parole. According to police interview transcripts, however, Sneed, then 19, was convinced by detectives to implicate Glossip, who for the past 18 years has maintained his innocence. Sneed told two sets of jurors Glossip, the motel’s night manager, promised to pay him if he killed Van Treese.

According to Glossip’s appellate attorneys, homicide detective Bob Bemo pressured Sneed, a drug user with an eighth-grade education and low self-esteem, into blaming Glossip.

When eight is enough

During a Jan. 14, 1997, police interview Bemo told Sneed, “The thing about it is, Justin, we think --- we know that this involves more than just you, okay? We’ve got witnesses and we’ve got other people and we most likely have physical evidence. You know what I am saying on this thing. And right now the best thing you can do is just be straightforward and talk to us about this thing and tell us what really happened and who all was involved, because I personally don’t think you’re the only one. Everybody that we talked to they’re putting it on you, okay? They’re putting the whole thing on you and they’re going to leave you holding the bag.”

The physical evidence Bemo referred to was almost non-existent at the trials. The baseball bat was never found and Glossip’s fingerprints were nowhere at the crime scene, which was Room 102 at the motel.

Bemo later told Sneed, “In other words, if you just said you don’t want to talk to us and you want to talk to an attorney we would march you down to the jail and we would book you in for this charge and you would be facing this thing on your own. And I don’t think it’s just you.”

According to Don Knight, one of Glossip’s appellate attorneys, the detectives continually lied to Sneed by telling him multiple people were blaming him for the murder. In truth, no one other than Glossip had mentioned Sneed’s name, the documents show.

Sneed initially told the detectives he didn’t know what to say about the killing. At one point during the police interview, Sneed is unable to tell the detectives Glossip’s last name.

Later, Bemo tells Sneed, “You know Rich is under arrest don’t you?”

“No, I didn’t know that,” Sneed replied.

A few seconds later, Bemo said, “So, he’s the one --- he’s putting it on you the worst. Now I think there’s more to this than just yourself and I would like for you to tell me what --- how this got started and what happened.”

Sneed talked about a fake robbery idea his brother, Wes Taylor, conjured up but never acted on. However, the detectives began insinuating to Sneed that it was Glossip’s idea to rob Van Treese and kill him.

In the same interview, Sneed’s story changed to “I didn’t kill Barry Van Treese,” causing Bemo and his partner, Jim Cook, to turn up the heat with their questions and comments.

“Well, that ain’t going to get it. They’re putting it all off on you. That’s what I am trying to tell you,” Bemo said.

Later in the interview, Cook tells Sneed, “You’re going to have to get straight with us, you’re going to have to get straight with yourself, and mainly, you have to get straight with the Almighty.”

Incredibly, Sneed later told the detectives “I just meant to knock him out.” He also told detectives Glossip promised to split $7,000 with him after Van Treese was dead.

In yet another story told by Sneed, the convicted killer told police, “Actually, Rich asked me to kill Barry, so he could run the motel.”

Apparently, that version satisfied detectives Bemo and Cook, who told Sneed this particular story would save him from the death penalty.

According to the police interview transcript, Sneed asked the detectives, “So, is this going to help me out at all telling you of this?”

Cook replied, “Well, we’ll just have to wait and see. This is definitely going to be better for you this way than it would be if you didn’t say anything.”

About a minute later, Bemo told Sneed, “I’m going to tell you this, your old bud, Rich, was planning on letting you hang for this.”

“I ain’t going to hang by myself. I’m telling you all the truth,” Sneed replied.

Prosecutors claimed in the two trials that Van Treese noticed motel receipts were missing and that he planned to confront Glossip. Prosecutors also argued in both trials that Glossip arranged the killing to keep his job as night manager.

Evidence shows the two detectives escorted Sneed away from the interview room and continued to talk with him about the killing. Those conversations were not recorded, according to the documents obtained by Red Dirt Report.

In May 1998, shortly before the start of Glossip’s first trial, Sneed made his deal with prosecutors to testify against Glossip in exchange for his sentence of life in prison without parole.

Knight claims too many versions of the killing and the circumstances surrounding Van Treese’s death should have been red flags for the two juries. Instead, the juries found Glossip guilty both times. However, the first conviction in 1998 was overturned because of ineffective counsel. Glossip was found guilty a second time in 2004.

As many as eight different stories have been told by Sneed to police and prosecutors, leaving Glossip’s defense team to shake their heads wondering where the truth lies.

Earlier this month, an investigator with Glossip’s defense team talked to Sneed’s mother. In the interview, Sneed’s mother said in January 1997, a few days after her son was arrested, he wrote a letter from jail. Sneed reportedly wrote that others were involved, and then added, “You won’t believe who!”

Sneed’s mother asked the investigator, “How high up does this go?” She also told the investigator she continues to believe there were other people involved in the murder.

Source: Red Dirt Report, Tim Farley, August 31, 2015

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In the Execution Business, Missouri Is Surging

Missouri Death Chamber
Missouri Death Chamber
Defense lawyers call it a crisis; the state says it's just doing its job.

Since Texas carried out the country's 1st lethal injection in 1982, the state has performed far more executions than any other state. To date, 528 men and women have been put to death in Texas, more than the total in the next 8 states combined.

But viewed from a slightly different angle, Texas has lost its place as the epicenter of the American death penalty, at least for the moment.

Since November 2013, when Missouri began performing executions at a rate of almost 1 per month, the state has outstripped Texas in terms of the execution rate per capita. In 2014, both states executed 10 people, but Texas has more than 4 times the population of Missouri. This year, the difference is not quite as stark (Texas: 10, Missouri: 5) but Missouri still ranks number 1. The state that has become the center of so many conversations about criminal justice through the courts and cops of Ferguson is now the center of one more.

Why?

The politicians, judges and prosecutors who keep the system running at full steam simply say the death penalty is a good thing and the pace of executions is a sign that nothing is gumming up the pipes of justice. Defense attorneys are more eager to talk about the reasons for the current situation. They tend to use the word "crisis."

The Drugs

The most important reason for the rise in Missouri's rate of execution is also the most mysterious. As other states have dealt with a nationwide shortage in lethal-injection drugs by turning to new and experimental combinations - leading to grisly botched executions (Dennis McGuire in Ohio, Clayton Lockett in Oklahoma, and Joseph Wood in Arizona) and lawsuits that have slowed down the pace of executions - Missouri has managed to get a steady supply of pentobarbital, a common execution drug.

Like their counterparts in all death-penalty states, Missouri officials are pushing in court to keep the source of their pentobarbital a secret. Texas has also exclusively used pentobarbital for executions in recent years, but has struggled to find a compounding pharmacy that will produce it. In Missouri, corrections officials had also struggled, but now have managed to stockpile the drug.

"We're the only state in the union with no trouble getting pentobarbital," says Cheryl Pilate, a Kansas City attorney who has represented death-row inmates. The pentobarbital made by small, generally unregulated compounding pharmacies - the choice in Texas - does not have a long shelf-life, leading Pilate and her colleagues to wonder whether Missouri officials are getting the drug from a veterinary supplier (the drug is often used to euthanize animals) or a manufacturer from overseas. Attorney General Chris Koster recently said in a court filing, quoted by BuzzFeed, that "Missouri uses pentobarbital as the lethal chemical in its execution process, but does not admit nor deny the chemical now used is compounded as opposed to manufactured."

The Governor and the Attorney General

Attorney General Koster, as well as Missouri Governor Jay Nixon, are both Democrats and both outspoken supporters of the death penalty. Nixon himself was the attorney general before Koster, so both have overseen the state's side in fighting the appeals of death-row inmates, pushing them along toward execution. Koster has suggested that the state set up a laboratory to make its own supply of lethal-injection drugs.

Nixon has the power to commute death sentences to life in prison, but he has done so once in his 6 1/2 years as governor, and he provided no explanation for why. Many political commentators have speculated that Nixon and Koster, as Democrats in a primarily conservative state - where the electoral votes went to Mitt Romney in the 2012 presidential election - use executions to establish their tough-on-crime bonafides. "As a Democrat in public office, you would lose a lot of votes by not being enthusiastically in support of the death penalty," says Joseph Luby, an attorney with the Death Penalty Litigation Clinic in Kansas City.

Nixon and Koster's support for the death penalty fits a historical pattern of death-penalty support among blue governors in red states. In the 1990s, Texas Governor Ann Richards never commuted a death sentence and Arkansas Governor Bill Clinton famously flew home from the presidential campaign trail to preside over an execution of a man missing part of his brain. (Nixon had his own similar case earlier this year.) At the same time, Republicans in states near Missouri - Governor John Kasich in Ohio and former Governor Mike Huckabee in Arkansas - have regularly granted clemency to death-row inmates.

Nixon's office did not respond to a request for comment on the politics of the death penalty, while Koster's press secretary, Nanci Gonder, replied that he "has consistently supported the death penalty for the most serious murder convictions" and "1 of the duties of the Attorney General is to ensure that legal punishments for violating Missouri's criminal laws are carried out."

The Courts

Sean O'Brien, a professor at University of Missouri-Kansas City School of Law, spent much of his career defending death-row inmates and recalled a case in which the judges at the Missouri Supreme Court ruled against the prosecution. In 2003, the court ruled in favor of a man who committed a murder before turning 18, a decision that was later ratified by the U.S. Supreme Court and became the basis for a nationwide ban on the execution of juveniles.

Missouri Supreme Court judges are appointed by the governor, and in 2013 Governor Nixon selected Judge Mary Russell to be chief justice, overseeing the setting of execution dates. Her court set up the 1-a-month schedule in November of that year. When she stepped down in July this year, she told several reporters that the pace of executions picked up because they had been on hold during the lethal-injection drug shortage. Once the state had the drugs, she said, "there were a number of people who had been backlogged whose appeals were exhausted."

"It's required by law that the Supreme Court shall set execution dates," she added. "It's not that we agree or disagree with the death penalty."

The Eighth Circuit U.S. Court of Appeals, which has final say over death cases in Missouri, rarely stops executions, according to O'Brien, the law professor. "We've got a situation where all 3" - the governor, attorney general, and supreme court - "are lickety-split gung-ho on this, and the federal courts aren't stopping them."

The Defense Bar

During a short phone interview last week, the Missouri capital-defense attorneys Cheryl Pilate and Lindsay Runnels used the words "crisis," "disaster," "horrific" and "overwhelming" as they described their "extremely small and embattled defense bar." They see their cohort's rushed work and missed deadlines and paltry resources as signs of broader problems with public defense in the state. Missouri was ranked 49th by the National Legal Aid & Defender Association in per-capita spending on indigent defense in 2009.

My colleague Ken Armstrong has chronicled the experience of one overburdened defense lawyer who dealt with the executions of 2 clients over 2 months at the end of 2013. In a March 2015 letter to the Missouri Supreme Court, members of the American Bar Association Death Penalty Assessment Team wrote, "The current pace of executions is preventing counsel for the condemned from performing competently."

"You live in a perpetual state of tension," Pilate said, "thinking your client could be next."

This state of affairs may not last. A pending lawsuit over the secrecy of the lethal injection drugs might force the state to divulge its source, allowing for more litigation that could lead to a slow-down. The Missouri Supreme Court will soon have a new chief justice. A future Republican governor or attorney general could follow the lead of Kasich or Huckabee. The defense bar may get more help from national anti-death penalty groups now that the state is ground zero. For now, though, as the death penalty declines nationally, Missouri is headed in the other direction.

Source: themarshallproject.org, August 31, 2015

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California Defends Its Review Process in Appeal to Preserve Death Penalty

Brand new lethal injection facility at San Quentin State Prison
New lethal injection facility at San Quentin State Prison, CA
California on Monday asked a federal appeals panel to overturn a 2014 court ruling that — unless it is reversed — could bring a reprieve to the more than 740 inmates on death row in the state.

The ruling, by a federal district judge, held that judicial reviews of death sentences were so prolonged — and executions so rare and seemingly random — that prisoners were subjected to cruel and unusual punishment. If that ruling is allowed to stand, it could have repercussions for capital punishment across the country.

At Monday’s hearing, a lawyer from the state attorney general’s office argued that the 2014 decision violated legal procedures and mislabeled as a sign of dysfunction what were actually the state’s careful efforts to protect the rights of those sentenced to death, such as appointing well-qualified defense lawyers.

“We do not believe that there is any evidence that the system is arbitrary or random,” said Michael J. Mongan, a deputy solicitor general.

But a lawyer for a condemned inmate responded that the contested ruling had rested on sound legal ground and that California’s postconviction review process, which commonly lasts two decades or more, had become agonizingly slow and arbitrary because the state did not provide enough funds for defense lawyers.

The disputed ruling was considered startling when it was issued in July 2014. In it, Judge Cormac J. Carney of Federal District Court in Santa Ana said the way death sentences were reviewed and carried out was arbitrary. Of more than 900 people sentenced to death in the state since 1978, Judge Carney noted, only 13 had been executed.

The “random few” who are put to death, he said, “will have languished for so long on death row that their execution will serve no retributive or deterrent purpose and will be arbitrary.”

Defending Judge Carney’s decision, a lawyer for Mr. Jones on Monday cited a major Supreme Court decision in 1972, Furman v. Georgia, which brought death sentences to a temporary halt across the country because the justices were concerned that such sentences were being given out arbitrarily.


Source: The New York Times, Erik Eckholm, August 31, 2015

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Largest Dutch pension fund exits Mylan over death penalty concerns

The Dutch public employees' pension fund, the world's third largest, has sold all its shares in pharmaceuticals maker Mylan after it emerged that one of the company's products is in stock at a U.S. prison where death sentences are carried out.

The move comes amid increasing pressure from European countries over continuing use of capital punishment in the United States.

European companies are barred from selling drugs for use in executions, forcing states that still impose the death penalty to scrabble for alternative substances, some of which have led to widely publicized and gruesome botched executions.

The move by ABP, which had $416 billion in assets in 2014 according to consultancy Towers Watson, is thought to have been followed by other Dutch pension funds. The Netherlands has the world's largest pool of pension assets per capita, worth $1.2 trillion in 2012.

Harmen Geers, a spokesman for ABP, said the decision came after a nine-month dialog with the company failed to achieve a satisfactory result.

"As the Dutch government and Dutch society as a whole renounced the death penalty a long time ago, we do not want Dutch pension money to be involved in that," he said.

The U.S.-based but Dutch-registered company has a declaration on its website saying its products are not designed or intended for use in executions, but Geers said Mylan could do more to police their use.

The U.S. state of Virginia confirmed in response to a freedom of information request in July that it held stocks of Rocuronium Bromide, a Mylan-made drug that can be used to kill people.

Geers said it was this information that led to the decision to sell its Mylan holdings in full. "We thought we have only one step left to show our disapproval," he said.

ABP, the largest Dutch pension fund, held 9 million euros ($10 million) in the company before the divestment, down from 25 million euros last year when it first approached Mylan with its concerns.

Calls to Mylan were not immediately returned.

- Contact Mylan

Source: Reuters, August 31, 2015

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Monday, August 31, 2015

Oklahoma death row inmate mumbles incoherently during insanity hearing

Benjamin Cole
Benjamin Cole
Benjamin Robert Cole did not respond to most questions, as attorneys argues his mental state has deteriorated while imprisoned for 2002 murder of daughter

An Oklahoma man scheduled to die for killing his 9-month-old daughter mumbled about religion Friday during a hearing about his sanity, but only answered a few questions when testifying.

Attorneys for Benjamin Robert Cole don't think he's sane enough to be executed. They say the prison warden is violating a state law that requires her to notify the local district attorney when an inmate has become insane.

Cole was in a wheelchair during the hearing in a Pittsburg County courtroom in McAlester, where Cole is being housed at the Oklahoma state penitentiary. The 50-year-old with long hair and a graying beard mostly mumbled and appeared to have his eyes closed as he sat slumped over while testifying.

He didn't respond to most of the questions.

When District Judge James Bland asked Cole why he was being executed, the inmate responded: "Go home. Go home to be with Jesus."

Cole, of Claremore, is scheduled to be executed by lethal injection on 7 October. He was convicted of 1st-degree murder in Rogers County for the 2002 killing of his daughter, Brianna Cole, whose spine was broken and her aorta torn after she was forcefully bent backward.

Cole has not denied killing the child.

An investigator for the public defender's office who interviewed Cole several times, said he mostly talks about scriptures and his "ministry", which she said she doesn't understand.

"He always talks about the end times and various messages the Lord has given him," investigator Julie Gardner said.

But Warden Anita Trammell said she's been able to converse with Cole on numerous occasions and that he understands why he's being executed.

"When I've pulled him out to talk to him, he's engaged in conversation," Trammell said.

In a court filing, though, federal public defender Susan Otto wrote: "Mr Cole's condition has deteriorated steadily since his conviction." The US supreme court has held that executing an insane person is unconstitutional.

Otto says Cole's ability to participate in his defense has been in question since the inception of the case, and she told the state's pardon and parole board last week during a clemency hearing that Cole once went 2 years without showering or leaving his cell.

A forensic psychiatrist hired by Cole's attorneys, Dr Raphael Morris, testified at Cole's clemency hearing that Cole sat before him in a catatonic state during an hourlong visit at the penitentiary and didn't make eye contact or utter a single word.

The pardon and parole board voted 3-2 against recommending clemency to the governor, who could only have granted clemency with a recommendation from the board.

But even a clemency recommendation would have been no guarantee that Governor Mary Fallin would have spared his life.

The board voted 4-1 to recommend clemency for death row inmate Garry Allen, but Fallin still rejected the recommendation and said his execution should proceed. Allen, who suffered a brain injury after being shot in the head during his arrest, appeared confused during his 2012 execution and seemed startled when a prison official announced the start of the lethal injection.

Source: The Guardian, August 28, 2015

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Saudi executes Pakistani for drug trafficking

Public execution in Saudi Arabia
Public execution in Saudi Arabia

Saudi authorities executed a Pakistani man on Sunday for attempting to smuggle drugs into the ultra-conservative kingdom, the interior ministry said. 

Up to 129 people have been executed in Saudi Arabia so far this year, including the latest execution, compared with 87 for the whole of 2014, according to AFP tallies. 

Mohammed Sharif was arrested while attempting to smuggle heroin into the country hidden in his stomach, the ministry said in a statement published on the SPA state news agency. 

He was executed in the Quwaiya district, near Riyadh. 

Most people sentenced to death in Saudi Arabia are beheaded, but sometimes executions are carried out by firing squad. 

Amnesty International on Tuesday appealed for a moratorium on executions in Saudi Arabia, criticising the kingdom's "deeply flawed judicial system". 

Under Saudi Arabia's strict Islamic legal code, drug trafficking, murder, armed robbery, rape, homosexuality and apostasy are all punishable by death. 

Amnesty says Saudi Arabia is one of the world's most prolific executioners, along with China, Iran, Iraq and the United States. 

Source: Agence France-Presse, August 31, 2015


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Iran: 16 executions in 3 days

Public execution in Iran (file photo)
Public execution in Iran (file photo)
The inhuman mullahs’ regime in Iran hanged 16 prisoners in various cities on August 26, 27 and 29.

On August 26, in addition to the criminal execution of political prisoner Mr. Behrouz Alkhani in Urumia Prison, twelve other prisoners were collectively hanged in prisons in Kermanshah and Urumia. The Iranian regime has so far refrained from publishing information on those executed.

On August 27, Jamal Ja’afari, from the city of Sanadaj, was hanged after suffering four years imprisonment in this city. Similarly, on August 29, two prisoners were hanged in prisons in Bandar Abbas and Khorramabad. Abdollah Zarei, 25, who was hanged in Bandar Abbas was from Minab County, Hormozgan Province. A 23-year-old prisoner was also transferred to solitary confinement along with Zarei in preparation for execution, but there is no news about his fate.

These executions that demonstrate the regime’s fear of growing social protests are merely a minute section of the nationwide suppression of the Iranian people that is being implemented in an escalating manner during Rouhani’s tenure, the so-called “moderate” president of the Iranian regime. The number of these executions has now surpassed 2000 during Rouhani’s presidency.

The silence and inaction of the international community in the face of the collective executions by the mullahs, concurrent with visits by senior European officials to Iran to pave the way for trade contracts with the mullahs’ inhuman and anti-Iranian regime is tantamount to encouraging this regime to continue with its crimes and collaboration with this regime.


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Pakistan: Jail to explain tomorrow how it will hang disabled prisoner

Abdul Basit
Abdul Basit
Jail authorities in Lahore have been given 24 hours to explain how they will physically hang a disabled prisoner.

At a hearing at the Lahore High Court today, lawyers for Abdul Basit, 43, argued that his execution would constitute cruel, inhuman and degrading treatment, prohibited under Pakistani and international law. Basit is paralyzed from the waist down and uses a wheelchair as a result of an illness he contracted while in prison, for which he did not receive adequate treatment. Basit’s lawyers contend that he has already suffered unusual punishment, and to try to execute him now would be a form of “double punishment”, and a breach of Pakistani law. His execution was scheduled for last month, but has been postponed by the court.

Pakistan’s Jail Manual gives no instructions on how to execute disabled prisoners, and at today’s hearing, it emerged the jail had given no thought to how they would practically carry out Basit’s hanging. The judge told jail officials today that they would have to come up with a detailed plan within the next 24 hours if they were to be allowed to proceed with the execution.

Pakistan has executed over 200 people since resuming executions in December 2014. Recent reports have suggested that the vast majority of those killed have had no links to terrorism, despite a claim by the authorities to be hanging ‘terrorists.’ Among the prisoners hanged so far have been juveniles, mentally ill prisoners, and people with strong innocence claims.

Maya Foa, director of the death penalty team at human rights organization Reprieve, said: “It is astonishing that the jail authorities continue to push for the hanging of Abdul Basit, whose terrible treatment in prison has already left him paralyzed from the waist down. Basit’s hanging would be a grotesque spectacle and cruel injustice. We must hope that the court puts a stop to this inhumanity and saves his life.”

Source: Reprieve, August 31, 2015

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Missouri: Court denies motions from man set to be executed Tuesday

Michael Taylor (left), Roderick Nunley (right)
The Missouri Supreme Court has denied the latest legal challenges from a man scheduled to be executed Tuesday for raping and killing a 15-year-old Kansas City girl in 1989.

The judges ruled Friday to overrule a motion that sought a stay of execution for Roderick Nunley. 

The court also rejected his request for a writ of habeas corpus, which allows prisoners to challenge their convictions on constitutional grounds.

Nunley was 1 of 2 men who pleaded guilty and received the death penalty in the death of Ann Harrison. 

She was waiting for a school bus in front of her home when she was abducted. 

Michael Taylor was executed for the same crime in 2014.

Source: Associated Press, August 30, 2015

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Indonesia's struggling economy cannot afford another execution, Bali Nine lawyer warns

Indonesia's struggling economy could be one reason why there has been little word of the country's next round of executions, according to the lead lawyer for Andrew Chan and Myuran Sukumaran.

Australians Chan and Sukumaran, the ringleaders of the so-called Bali Nine, were among several foreigners shot dead in April.

According to high-profile Indonesian lawyer and professor Todung Mulya Lubis, who has been in Australia to talk about an ongoing campaign against the death penalty, it is too early to say if the economic slowdown was contributing to a de facto moratorium.

"But I believe that Jokowi now realises that he has to pay the price for those two executions," Professor Lubis said.

Late last year Indonesian president Joko Widodo, also known as Jokowi, said there would be no clemency for more than 60 people convicted of drugs offences, and two rounds of executions were carried out in the early part of 2015.

Indonesia's economic growth has now dipped below 5 per cent for two consecutive quarters this year, and much needed foreign investment is yet to pour in to help build up the nation's depleted infrastructure.

"The economy is not good at the moment," Professor Lubis said.

"We have a problem with our debt, you know, the balance. We have a problem with the weakening of the Indonesian currency.

"We have a problem with declining exports to other countries. And we cannot afford to have another execution, as simple as that."

The shooting of Chan and Sukumaran and several others, including a Brazilian man with mental health issues, saw substantial international pressure, including from the United Nations, put on the president.

The first round of executions in February resulted in a diplomatic stoush with Brazil, with some Indonesian politicians raising the idea of trade recriminations.

Mr Widodo was also supported domestically for pushing back against what was seen to be international meddling and for taking a strong stance against the drug trade.

Widodo 'knows new investment is not coming'

In the lead-up to the execution Mr Widodo was quietly advised by some prominent Indonesians of the damage using the death penalty could cause to relations with other countries including Australia, Holland, France and Brazil.

Now, with Indonesia recording its lowest economic growth rate for six years, investors are generally staying on the sidelines, waiting to see if the new government can deliver reforms, including dealing with regulatory certainty.

Professor Lubis is also known for his work with large corporate entities, and said he was seeing first-hand the nervousness in the business community about government policies.
Filipina Mary Jane Veloso, Frenchman Serge Atlaoui
"Jokowi realises, he understands, new investment is not coming to Indonesia," he said.

"Even the existing investment cannot be maintained. They may go any time.

"And I as a lawyer come across that. I know some of the companies ... are considering leaving, so that is not very good."

"I know some of the companies we work with are considering leaving."

A Frenchman and a Filipino woman escaped the firing squad in late April, and Indonesia's attorney-general has signalled a third round of executions has not yet been scheduled.

A 59-year-old British woman is among those facing the death penalty as part of the president's hardline stance.

Source: ABC News, Helen Brown, August 31, 2015

Related article:
- Forget Bali! The Philippines is a paradise home to more than 7000 islands, news.com.au, August 28, 2015. From lush, thick jungle to dramatic mountain ranges and glistening white sand beaches, the Philippines is home to more than 7000 idyllic islands, waiting to be explored.

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Sunday, August 30, 2015

China Exempts 9 Crimes from Death Penalty

China's top legislature on Saturday adopted amendments to the Criminal Law, removing the death penalty for nine crimes, and ruling out commutation for most corrupt figures.

The 9 crimes punishable by death include smuggling weapons, ammunition, nuclear materials or counterfeit currency; counterfeiting currency; raising funds by means of fraud; arranging for or forcing another person to engage in prostitution; obstructing a police officer or a person on duty from performing his duties; and fabricating rumors to mislead others during wartime.

After removing the death penalty for these crimes, those convicted will face a maximum sentence of life imprisonment.

The amendments were voted in by lawmakers at the end of a six-day bimonthly session of the National People's Congress (NPC) Standing Committee.

The move to limit the use of the death penalty comes in the wake of judicial reform pushed forward by the Communist Party of China in recent years to gradually reduce the number of crimes subject to the penalty.

It is the second time China has reduced the number of crimes punishable by death since the Criminal Law took effect in 1979.

In 2011, the NPC Standing Committee dropped the death penalty for 13 economic-related non-violent crimes including smuggling cultural relics, gold and silver; carrying out fraud related to financial bills; forging or selling forged exclusive value-added tax invoices; teaching criminal methods; and robbing ancient cultural ruins.

Under the amended Criminal Law, which will take effect on Nov. 1, the number of crimes punishable by death is 46.

According to the amendments, criminals convicted on serious corruption charges who have received a 2-year suspended death sentence will face life imprisonment after the 2 years.

This aims to "safeguard judicial fairness" and prevent "the most corrupt criminals from serving shorter prison terms through commutation," according to the top legislature.

It targets officials who illegally seek commutation, parole or non-prison sentences.

The amendments also impose tougher sentences for assaults on police officers on duty and clarify the crime of contempt of court, so as to safeguard judicial authority.

Nine lawyers were recently taken under coercive measures, after they used Beijing Fengrui law firm as a platform to provoke trouble and disturb social order.

According to the current law, lawyers can be disbarred if they are convicted of disrupting or interfering with due proceedings or inciting others to raise trouble.

The new law adds crimes regarding cyber security, enhancing protection of citizens' personal information and ascertaining responsibilities for Internet service providers failing to fulfill duties of network security management.

The revised law says that those counterfeiting passports, social security cards and driving licenses will also face punishment.

Organizing cheating in exams and bringing civil litigations based on fabricated facts to pursue illegitimate interests, are also listed as crimes that are punishable by imprisonment up to 7 years.

In its stipulations against terrorism, the revised law adds several items to crack down more heavily on terrorism.

Those promoting terrorism and extremism by producing and distributing related materials, releasing information, instructing in person or through audio, video or information networks will face more than 5 years in prison in serious cases. Those who instigate violent terror activities will also face the same punishment.

Harsher punishment will also be imposed on those involved in cults. In serious cases, the maximum punishment may be extended to life imprisonment, the new law says. Previously, the maximum sentence for those found guilty of cult-related crimes was 15 years in prison.

Source: CRIEnglish, August 30, 2015

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Disease, suicide claiming Alabama death row inmates before executions

Death Row Unit, Holman Prison in Atmore, Alabama
Death Row Unit, Holman Prison in Atmore, Alabama
BIRMINGHAM | Disease and suicide are claiming inmates on Alabama’s death row faster than the executioner.

With Alabama’s capital punishment mechanism on hold for more than two years because of legal challenges and a shortage of drugs for lethal injections, five of the state’s death row inmates have died without ever seeing the inside of the execution chamber.

John Milton Hardy, convicted of killing Clarence Nugene Terry during a robbery at a convenience store in Decatur in 1993, was the most recent death row inmate to die. Prison officials say he died of unspecified natural causes on June 15.

Convicted killer Benito Albarran, 41, hanged himself in the infirmary at Donaldson prison about two months earlier. A decade earlier, he was convicted of fatally shooting Huntsville police officer Daniel Golden outside a Mexican restaurant where he worked.

Golden’s brother, David Golden, said family members wanted to witness Albarran’s execution and felt cheated by his death.

“He took the coward’s way out,” Golden told reporters in Huntsville after Albarran killed himself.

Attorney Joseph Flood, who represented Albarran as he challenged his conviction in state court, said the inmate’s mother died a week or two before he took his own life.

“He fell into a deep depression after that,” said Flood.

In March, David Eugene Davis, 56, died of natural causes at Holman prison near Atmore after suffering from liver failure. He was convicted of killing Kenneth Douglas and John Fikes in St. Clair County in 1996.

Two more death row inmates died last year, Ricky Dale Adkins of cancer and Justin T. Hosch, who hanged himself at Holman prison. Hosch was convicted in Autauga County in the 2008 shooting death of Joey Willmore, and Adkins was condemned for killing real estate agent Billie Dean Hamilton in St. Clair County in 1988.

The last inmate put to death in Alabama was Andrew Reid Lackey, who died by lethal injection on July 25, 2013, for killing Charles Newman during a robbery in Limestone County in 2005. At the time, he was the first inmate put to death in the state since October 2011.

With 189 people currently on death row, the state is trying to resume executions, but legal challenges could be a roadblock.

The state is asking a federal judge to dismiss a lawsuit filed by death row inmate Tommy Arthur, who challenged the use of the sedative midazolam as inhumane during lethal injections. The U.S. Supreme Court has upheld the use of the drug in an Oklahoma case, but Arthur contends Alabama’s execution protocol is different from the one used there.

The state switched to midazolam after it had to halt executions because it was out of other drugs needed for lethal injections.

Source: AP, Jay Reeves, August 29, 2015

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Chad executes 10 Boko Haram members 1 day after verdict

Chad executed by firing squad 10 members of Boko Haram on Saturday, the security minister said, marking the 1st use of the death penalty since the country bolstered its anti-terror measures last month.

The 10 men were sentenced to death on Friday after being convicted of crimes including murder and the use of explosives. 

They were killed at around 11 a.m., Ahmat Mahamat Bachir, the security minister, said Saturday.

Those killed included Bahna Fanaye, alias Mahamat Moustapha, who Chadian officials have described as a leader of the Nigeria-based group.

Chad has vowed to take a leading role in a regional force to fight Boko Haram that is also expected to include soldiers from Cameroon, Benin and Niger in addition to Nigeria. Boko Haram has targeted Nigeria's neighbors in regular attacks this year.

In June and July Chad's capital, N'Djamena, was rocked by a series of suicide attacks that killed dozens of people - the 1st such attacks since Boko Haram threatened the country earlier this year.

In 1 attack, suicide bombers on motorcycles targeted 2 buildings in the capital. In another, a man disguised as a woman wearing a burqa detonated a bomb outside the city's main market.

Last September, Chad drew praise from rights groups for a draft penal code that abolished capital punishment. 

The International Federation for Human Rights said at the time that the country had observed a moratorium on the death penalty since 1991 with the exception of 9 executions that took place in November 2003. But anti-terror measures approved by lawmakers last month in response to the recent attacks brought the death penalty back.

Source: Associated Press, August 30, 2015


UN office criticizes Chad for execution of 10

The U.N.'s main human rights office is criticizing Chad's execution of 10 Boko Haram members by firing squad.

Cecile Pouilly of the office of the High Commissioner for Human Rights called Tuesday on the African country's government to introduce a moratorium on the death penalty, which was restored in a counterterrorism law passed in July.

Pouilly said OHCHR officials were not granted access to Friday's trial, which was relocated for security reasons and reduced from 8 to 2 days. She said it wasn't clear if the defendants had access to lawyers.

The 10 men were executed Saturday for crimes including murder and the use of explosives following suicide attacks in the capital, N'Djamena, in June and July that killed dozens of people.

Source: Associated Press, Sept. 1, 2015

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