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Apr 24, 2012

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thumbnail Marine arrested, suspected of murdering military wife Brittany Killgore
Apr 25th 2012, 00:32

Brittany Dawn Killgore, 22, the wife of a Marine, went missing on April 14 in Riverside County, California. Her body has been found and two have been arrested in relation to her death.

By NBCSanDiego.com and news services

A man who was uncooperative with investigators regarding the death of a 22-year-old Fallbrook woman has been arrested on suspicion of murder, the San Diego Sheriff's Department told NBCSanDigo.com.

Louis Ray Perez, 45, was arrested on April 15 for allegedly stealing an AR-15 assault rifle and pleading not guilty to charges on April 18.

Perez was also questioned in the disappearance of Brittany Killgore, who went missing on April 13. Her body was found abandoned near a lake in Riverside County a few days later and deputies arrested Jessica Lopez, 25, in relation to the case. Lopez has been charged with murder and is being held on $3 million bail.


Sheriff's investigators identified the 45-year-old Perez as a person of interest shortly after the body was discovered.

Lopez and Perez had either lived together at one point or lived at the same residence at different times, according to court records. It is unclear whether they knew Killgore.

Perez, a Marine, has been in the military for 16 years, has no criminal history, is married and has lived in the San Diego area for about 10 years, Reichert said in court last week. He is being held on $500,000 bail in Vista, north of San Diego.

Perez was arrested on the weapons charge the day after Killgore disappeared. Prosecutors said he stole the weapon from a man in early February but have not indicated whether they believe it was used to kill Killgore.

Killgore’s body was found near Lake Skinner in Riverside County about 25 miles northeast of her modest apartment complex in Fallbrook, a town of 38,000 people known for its avocado orchards, rolling hills and proximity to Camp Pendleton.

She died less than a week after filing for divorce from Lance Cpl. Cory Killgore, a Marine who was in Afghanistan when she disappeared. She cited irreconcilable differences in her divorce filing, which gave no other details.

Cory Killgore has not been named as a suspect or person of interest in the killing. The couple married in July 2010.

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thumbnail Florida shooter Zimmerman needs protection while out on bail, lawyer says
Apr 24th 2012, 23:35

By Kari Huus, msnbc.com

The defense attorney representing George Zimmerman, the Florida man charged with second degree murder in the shooting death of Trayvon Martin, said his client was wearing a bulletproof vest when released on bail Monday morning, due to continued threats to his client in the emotionally charged case, WESH-TV reported Tuesday.

Mark O'Mara also said he was considering seeking a taxpayer-funded bodyguard for Zimmerman if the threats continue, according to the report.

"The way this case has been portrayed, he's guilty until proven innocent, and people are so inflamed against him, he has to be protected, and that's a shame," O'Mara said, speaking to WESH, an NBC-affiliated station in Orlando, Fla.

Zimmerman pleaded not guilty to second-degree murder in the shooting death of Martin, an unarmed 17-year-old who was walking to his father’s fiancee's home in a gated community in Sanford, Fla.  Zimmerman, a neighborhood watch captain, said he acted in self-defense in the March 26 encounter.


Zimmerman was not charged for more than six weeks, sparking nationwide protests and a debate about race and equity in the justice system. Zimmerman, 28, is white and Hispanic; Martin was black.

An attorney representing the Martins also spoke to WESH to discourage any vigilantism against Zimmerman.

"They don't condone it. They don't want it," said Martin family attorney Natalie Jackson. "If that's what (others) are doing, please stop."

Also on Tuesday, O’Mara blasted a Twitter account pretending to be Zimmerman's for trying to incite anger against his client.

One fake tweet suggested Zimmerman was seeking permission to carry a gun, which was false, O'Mara said. "That's disgusting and should be prosecuted," he told WESH.

Twitter policies do allow parody accounts, but users are told to make it clear that they are not the real person, which O'Mara says was not done in this case.

"It's somebody out there saying, 'Let’s drum up more passion against George and here's how I'll do it'," O’Mara said.

Zimmerman's arraignment is on May 8. He waived his right to be present.

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120424-zimmerman-vest.photoblog400.jpg (image/jpeg)
thumbnail California vote could remove one-quarter of nation's death row
Apr 24th 2012, 23:16

The Associated Press

The execution room at San Quentin in California has since been renovated, although gas remains one of two methods of execution in the state. Here, the gas chamber in 1983. California has executed 13 inmates since 1976.

By Isolde Raftery, msnbc.com

If California voters suspend the death penalty in November, they will have removed one-quarter of the nation's current death row population.

The initiative -- which got enough signatures Monday to be placed on the ballot -- could return the state's 723 death row inmates to the general prison population, the Los Angeles Times reported. Their sentences would be reduced to life without parole and they would be expected to work; their earnings would go to crime victims.

California’s death row ballooned in size because, simply put, the state rarely executes its inmates, said Richard Dieter, executive director of Death Penalty Information Center.

http://usnews.msnbc.msn.com/_news/2012/04/24/11376846-california-vote-could-remove-one-quarter-of-nations-death-row

California voters to consider ending capital punishment


Compare California to Texas, for example – both states sentence about 20 people to death every year, Dieter said. But while Texas executes one inmate a month, sometimes even one per week, California hasn't executed anyone since 2006.

The Times reported that California has executed 13 inmates since 1976, when the Supreme Court reinstated the death penalty, and that death row inmates are far more likely to die of old age.

“California is very ambivalent about the death penalty,” Dieter said.

The last time nearly so many inmates had their sentences commuted was in 1972, when the Supreme Court abolished the death penalty. At the time, 600 inmates had their sentences reduced to the next level.

Although the Supreme Court made the death penalty legal again in 1976, the push to remove the sentence from state books began in 2007. Since then, four states – New York, New Jersey, Illinois and New Mexico – have repealed capital punishment. (Thirteen states nixed capital punishment before the 1960s; Michigan hasn’t had the death penalty since 1846, Maine since 1887.)

Connecticut is expected to follow suit in coming days.

Dieter said the more recent efforts to get rid of the death penalty have been grassroots efforts.

In California, an unlikely group of advocates have banded together to overturn the law, including El Dorado County Supervisor Ron Briggs, a self-described staunch conservative, who helped write the 1978 initiative to expand the death penalty.

“We'd thought we would bring California savings and safety in dealing with convicted murderers,” Briggs wrote in an op-ed in the Los Angeles Times. “Instead, we contributed to a nightmarish system that coddles murderers and enriches lawyers. Our initiative was intended to bring about greater justice for murder victims. Never did we envision a multibillion-dollar industry that packs murderers onto death row for decades of extremely expensive incarceration. We thought we would empty death row, not triple its population.”

Chuck Robinson / AP

The death chamber, equipped for lethal injection, at the U.S. Penitentiary in Terre Haute, Ind., shown in this April 1995 photo. Indiana, which currently holds 14 death row inmates, has executed 20 since 1976, when the Supreme Court reinstated the death penalty nationwide.

The American Civil Liberties Union also supports the initiative, as does Jeanne Woodford, a former warden of San Quentin State Prison, where the male death row is located, and who oversaw four executions. There are 19 women on death row in California who are imprisoned at Chowchilla.

Dieter said the death penalty itself may be slowly dying – last year, 78 death sentences were given, compared with 315 in 1996. Executions have also dropped by half.

Some states don’t employ the death penalty. In the past year, of the 34 states with the death penalty, 13 carried out an execution. Some didn’t hand out death sentences. In exchange for information, Washington state agreed not to execute Gary Ridgway, the notorious Green River Killer who was found guilty of murdering 48 women.

Rick Bowmer / AP

The Oregon Department of Corrections executed its first inmate in 14 years in 2011. Here, the execution room as it was being prepared for Gary Haugen in December 2011.

“A lack of meaningful use of the death penalty is leading some states to abandon it,” Dieter said. “Whatever the goals were, they’re not being reached.”

Dieter said the advent of DNA analysis may explain the decline in executions. DNA testing famously revealed that innocent men were on death row in Illinois, which resulted in then-Gov. George Ryan declaring a moratorium on executions in 2000. The Legislature abolished the death penalty in 2011.

“There’s less confidence in the system,” Dieter said. “Juries are returning fewer death sentences. Prosecutors are seeking it less. The whole system is responding more cautiously to carrying out the death penalty.”

Juries are also comforted knowing there is the option of life without parole. Charles Manson, who led the Manson Family, for example, was sentenced to life with parole, although he remains at Corcoran State Prison outside of Los Angeles. 

Dieter said the economy has also played a part – although most state legislators point to other issues, some have noted that the state could be putting the money it spends on death-penalty cases elsewhere, such as to restore money cut from the budgets of libraries and police departments.

Internationally, countries are also doing away with the death penalty, Dieter said. European Union countries have abolished capital punishment and South Africa got rid of the death penalty when it rewrote its constitution in 1997.

“We are in much more than a legal ripple,” Dieter said.

---

Top five death row inmate populations by state:

California: 723
Florida: 402
Texas: 312
Pennsylvania: 211
Alabama: 202
Nationwide: 3,199

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thumbnail Mojave Cross: Judge OKs deal to allow display of war memorial on once-public land
Apr 24th 2012, 21:36

Liberty Legal Institute via AP file

The war memorial known as the "Mojave Cross" sat on an outcrop known as Sunrise Rock in the Mojave Desert until it was vandalized and stolen in May 2010.

By James Eng, msnbc.com

A federal judge has approved a land swap that could end an 11-year legal battle over the right to display a cross memorializing war veterans in a remote part of the Mojave Desert.

U.S. District Judge Robert Timlin in California on Monday signed an order that will allow the Mojave Cross to return to Sunrise Rock. According to the settlement, the National Park Service will transfer the title for the one-acre parcel on which the cross sat to the Veterans of Foreign Wars post in Barstow, Calif., in exchange for five acres of donated land.


The parcel is near the community of Cima, about 12 miles south of Interstate 15 in the Mojave National Preserve, a 1.6 million-acre park established in 1994.

The VFW erected a wooden cross at the site in 1934 as a tribute to fallen World War I vets. The cross was later replaced with one made of steel pipes.

The cross stood quietly for 67 years until the American Civil Liberties Union sued in 2001, contending religious symbols shouldn’t be displayed on public land.

After a district court ruled that the cross shouldn’t be displayed on federal land, Congress passed legislation directing the Interior Department to transfer an acre of land including the cross to the VFW in exchange for a parcel of equal value.

The U.S. Supreme Court ruled in April 2010 that the cross may stay but also sent the case back to the lower courts to review the proposed land swap. The next month, vandals tore down the 7-foot-tall cross and made off with it.

Liberty Institute, a nonprofit legal group that represented the VFW, said the settlement approved Monday paves the way for veterans to eventually restore the memorial. The group had launched a national awareness campaign dubbed “Don’t Tear Me Down” to bring attention to the cause.

“This is a great victory that brings the veterans one step closer to restoring this World War I memorial to its rightful place in the desert and in history," Hiram Sasser, litigation director for Liberty Institute, said in a news release. "We are pleased the government and the ACLU could resolve their remaining differences and begin the healing process for the millions of veterans who have endured this case for over a decade."

The ACLU did not immediately return a telephone call for comment.

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The next step is to complete the land exchange, which could happen before the end of the year, the National Park Service said.

After the swap is finalized, the Park Service will install a fence around the parcel with signs indicating that the plot is private property.

“We look forward to working with the Veterans of Foreign Wars in completing the land exchange,” said Mojave National Preserve Superintendent Stephanie R. Dubois in a press release. “We are requesting that everyone be patient as we complete the land exchange, and we would like to remind folks that no cross can legally be displayed until the land exchange is complete.”

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