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					Death Penalty and Death Row
                    Nebraska
Types of Murder:
                  First Degree:
                      Premeditation!
                      Fully conscious of
                       the act.
                      Malice Aforethought
                           Killing deliberately
                            and intentionally.
Types of Murder:
   Second Degree
       “Heat of the
        Moment”
       No premeditation
       SOMETIMES
        connected to
        „commission of
        another crime‟
Types of Murder
                 Third Degree
                 Manslaughter in
                  most states!
                     Creating a
                      dangerous situation
                      that leads to death.
                     Murder caused
                      without
                      premeditation and
                      willfulness.
                     Lack of malice.
Manslaughter divides into two
types:
VOLUNTARY
 MANSLAUGHTER:
 You knew that the
 situation was
 dangerous.
Manslaughter divides into two
types:
                  Involuntary
                   Manslaughter:
                      You didn‟t
                       necessarily know the
                       situation was
                       dangerous.

                      DEPENDS ON A
                       LOT OF THINGS!
Nebraska is “Unique” in the
checklist for the death penalty
   Premeditation
   Fully Conscious of
    what you are doing
    (no delusions /
    psychosis)
   Malice
   VICTIM SUFFERING
       ONLY in Nebraska
Death Sentences:
   JURIES, not judges,
    decide if death should
    be given.
   3 judge panel
    immediately reviews
    the case to see if due
    process was followed.
   1 appeal is paid for by
    the state.
Death Sentences
   After one appeal it is
    up to the defendant.
   May appeal ONLY on
    due process
    questions – not guilt
    or innocence!
Who sits on Nebraska‟s Death
Row?
   Carey Dean Moore:
    Sentenced for the
    murder of two Omaha
    cabdrivers in 1979.
       Said he wanted to kill
        “older” men because he
        thought they’d fight him
        less as he robbed them
        than killing someone his
        age.
       Called several times and
        waited and watched for the
        right “marks.”
Michael Ryan
   Sentenced for the
    brutal torture and
    murder of three
    members of his
    religious cult on a
    farm outside of Rulo,
    Nebraska in 1985.
John Lotter
   John Lotter: Sentenced
    for the December 1993
    murders of Teena
    Brandon, Lisa Lambert
    and Philip Devinein
    Humbolt in December
    1993. His accomplice,
    David Nissen receive a
    life-sentence in return for
    his testimony against
    Lotter.
David Dunster “Suicide by State”
   David Dunster:
    Sentenced for killing his
    cell mate, Jerry Witt, in
    1997 while serving a
    sentence in Nebraska for
    two previous killings; a
    1972 rape and murder of
    an Oregon woman and
    the 1979 killing of a fellow
    cell mate.
Who sits on Nebraska‟s Death
Row?
   Raymond Mata Jr.:
    Sentenced in 2000 for
    killing and
    dismembering Adam
    Gomez, his
    girlfriend's young son,
    in Scottsbluff,
    Nebraska.
Who sits on Nebraska‟s Death
Row?
   Arthur Lee Gales Jr.:
    Given two death
    sentences in November
    2001 for two counts of
    first-degree murder and
    one count of attempted
    first-degree murder for
    the Nov. 12, 2000 deaths
    of Latara and Tramar
    Chandler and the beating
    of their mother, 36-year-
    old Judy Chandler.
Jeffrey Hessler: 2005
   Hessler raped and killed
    15-year-old Heather
    Guerrero execution style
    after he kidnapped her at
    the end of her paper
    route. Her body was
    found in the basement of
    an abandoned home.
    After he was arrested for
    the Guerrerro case,
    Hessler was convicted of
    raping another papergirl
    in a nearby city six
    months earlier.
For the Norfolk Bank Robberies
   Jose Sandoval: One
    of four men convicted
    of killing 5 people in a
    U.S. Bank branch in
    Norfolk, NE on Sept.
    26, 2002.
For the Norfolk Bank Robberies
   Jorge Galindo: One
    of four men convicted
    of killing 5 people in a
    U.S. Bank branch in
    Norfolk, NE on Sept.
    26, 2002.
Recently Released from Death
Row
                  In 1999 Jerry
                   Simpson and
                   Clarence Victor were
                   taken off of
                   Nebraska's death row
                   due to a law passed
                   in 1998 that prohibits
                   the execution of
                   people with IQ scores
                   of less than 70.
Recently Released From Death
Row
                  On January 7, 2000 the
                   Nebraska Supreme Court
                   vacated the death
                   sentence of Randy
                   Reeves stating that the
                   1991 Nebraska Supreme
                   Court had acted
                   unconstitutionally.
                   Reeves had been
                   sentenced to death for
                   the drug induced murder
                   of Janet Mesner and
                   Victoria Lamm in Lincoln
                   on March 29, 1980
Recently Released From Death
Row
                  2001 Jeremy Sheets
                   was released after
                   prosecutors decided not
                   to retry his case. Sheets
                   had been sentenced to
                   death for the September
                   23, 1992 kidnapping and
                   murder of Kenyatta Bush.
                      Confession of co-
                       defendant Adam Barnett
                       violated 5th Amendment.
Recently Released from Death
Row
                  On August 3rd, 2001
                   Peter Hochstein and
                   Michael Anderson had
                   their sentences
                   commuted to life in
                   prison. Anderson and
                   Hochstein were
                   sentenced to death for
                   the 1975 murder-for-hire
                   of Omaha real estate
                   businessman Abboud.
Cheated the Chair
                  Charles Jess
                   Palmer: Sentenced
                   for the 1979 murder
                   of a Mr. Zimmerman
                   in Grand Island.
                   Palmer died on death
                   row of natural causes
                   in the Summer of
                   2006.
Cheated the Chair
                  2001 Roger Bjorklund
                   was found unresponsive
                   in his cell and was later
                   pronounced dead at a
                   Lincoln hospital. It has
                   been stated Bjorklund
                   died "not of natural
                   causes," but this
                   mysterious statement has
                   not yet been further
                   explained
Executed in Nebraska since 1976
   Harold Lamont
    "Wili" Otey was
    executed in 1994.
   John Joubert was
    executed in 1996.
   Robert Williams was
    executed December
    2, 1997

				
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