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Thread: Dennis John Bratton Sentenced to LWOP in 2013 CA Murder of Andrew Keel

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    Dennis John Bratton Sentenced to LWOP in 2013 CA Murder of Andrew Keel




    Inmate Dennis Bratton may face death penalty following conviction Wednesday in stomping death of his cellmate


    By Jason Kotowski
    The Bakersfield Californian

    Defense counsel for Dennis Bratton told jurors he fought for his life and acted in self-defense when he killed his cellmate four years ago.

    The prosecution derided that argument, saying Bratton's "ridiculous" claim of self-defense didn't explain why he continued to stomp on his cellmate's head after the man was unconscious lying on the concrete floor of their cell. He wore prison work boots during the killing.

    A jury of 10 women and two men deliberated for two days before finding Bratton guilty Wednesday afternoon of assault by a life prisoner with force causing death. Bratton, 47, showed no reaction as the verdict was read.

    The assault charge is similar to a murder charge, but specific to Bratton's circumstances since he was already serving a life sentence when the killing occurred.

    Jurors will return to court May 30 to begin the penalty phase of the trial. They can either recommend death or life in prison without the possibility of parole.

    Bratton killed 27-year-old Andrew Keel the morning of May 16, 2013, in the cell they shared at Delano's Kern Valley State Prison.

    Prosecutor Andi Bridges said Bratton repeatedly stomped on Keel's head before strangling him with string to make sure he was dead. Photographs showed the only injuries Bratton suffered were bruising to his heels caused by the stomping.

    In her closing argument Monday, Bridges said Bratton was "unusually calm" after the killing, and later bragged about it to other inmates. Another inmate, James Fortini, testified Bratton made a comment about hurting Keel just days before the killing.

    Deputy Public Defenders Pam Singh and Paul Cadman don't dispute Bratton killed Keel.

    Singh, however, told jurors Bratton was in a brutal fight for his life. She said Keel told him, "You need to sleep sometime," and Bratton believed Keel was going to cut his throat.

    Earlier, Keel had told Bratton he slashed the face or neck of another inmate who refused to participate in a race riot while he was incarcerated at Corcoran State Prison, Singh said.

    She argued Fortini and other inmates who testified for the prosecution could not be trusted. She noted Fortini had admitted to lying to investigators before telling them about Bratton's comment to hurt Keel.

    Both Bratton and Keel were affiliated with white racist prison gangs.

    Bratton was serving a life sentence for a 1997 conviction in San Diego County on charges of attempted murder and multiple accounts of assault with a deadly weapon.

    http://www.bakersfield.com/news/inma...afd7e4d29.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Attorneys spar in death penalty phase of inmate's trial for killing cellmate

    By Jason Kotowski
    The Bakersfield Californian

    The first witness to testify Tuesday in the penalty phase of the trial of Dennis Bratton, convicted earlier this month of stomping his cellmate to death in a Delano prison, said Bratton was the ringleader of a group of inmates who terrorized him 20 years ago in a San Diego jail.

    Forest Harris, 39, said he was 18 and in custody for burglary when Bratton accused him of being a "snitch," and led a group of men in random attacks until Harris was moved more than 24 hours later.

    Harris testified Bratton and the other men stole food he had purchased at the jail canteen and, after a beating in which four men attacked him at once, warned him not to tell the guards what had happened. He said Bratton told him to take a shower after the last beating.

    He believed Bratton wanted him to shower to reduce the swelling of welts and bruises so guards wouldn't question him about the injuries.

    "It definitely left a memorable experience," said Harris, the first of a number of former and current inmates expected to testify over the next couple weeks.

    Bratton, 47, was convicted May 17 of assault by a life prisoner with force causing death in the killing of 27-year-old Andrew Keel. Bratton stomped Keel to death the morning of May 16, 2013, in the cell they shared at Kern Valley State Prison.

    When the penalty phase is complete, the jury can either recommend death or life in prison without the possibility of parole.

    Prosecutor Andi Bridges said during her opening statement Tuesday that Bratton has committed a series of violent acts during the 20 years he's spent behind bars. Several years ago he stomped and seriously injured another inmate.

    And just last year, she said, he beat an inmate unconscious for beating him at handball.

    In asking jurors for a recommendation of death, Bridges said they should consider the circumstances of Keel's killing, the impact it had on his friends and family and Bratton's other violent conduct. Jurors will hear details of the bank robbery and shooting in San Diego that resulted in Bratton's 1997 conviction and life sentence.

    Deputy Public Defender Paul Cadman, Bratton's attorney along with Deputy Public Defender Pam Singh, told the jury he expects Bridges will try to show Keel in the best possible light and gloss over the crimes that landed him in prison with a life sentence.

    "Think about obituaries," Cadman said. "Sometimes if you read them it seems like only the greatest people in the world die."

    Keel, Cadman said, pleaded guilty to slashing another inmate's throat. He admitted to participating in race riots while in prison.

    The attorney said he expects the evidence will show all of Keel's problems are related to drugs and alcohol, problems he brought upon himself. An autopsy revealed Keel was intoxicated when he and Bratton fought.

    Cadman told the jury Bridges will try to convince it that Bratton is "the worst of the worst." But his client, Cadman said, has never harmed women or children or committed acts of terrorism. One of the men Bratton stomped while in prison was a convicted rapist, he said.

    Bridges objected when Cadman told jurors she was going to ask them to become "killers" and make the jury deliberation room a "death chamber" in returning a verdict of death. Judge Michael E. Dellostritto sustained the objection.

    During Harris' cross-examination, Cadman set a blistering pace in which he, in short order, asked Harris if he was a felon, a thief and a snitch. Harris said he was a thief at the time but hasn't been in trouble since the burglary conviction. He said he wasn't sure what Cadman meant by "snitch."

    "You named names, right?" Cadman asked. "So you're a snitch too, right?"

    Bridges lodged multiple objections during the cross-examination. Dellostritto repeatedly told Harris, who appeared to take exception to some of the questions, not to respond until he ruled on the objections.

    Several jurors smiled at each other and raised eyebrows in apparent surprise as Cadman and Harris sparred.

    Cadman peppered Harris with questions about why he didn't hit the panic button and alert jail staff if he felt so threatened by Bratton and the others.

    "Because I'm not stupid," Harris said under further questioning by Bridges.

    He testified the button was across the dormitory and he didn't believe he'd make it there before Bratton and the others stopped him. And even if he did, he said the guards never rushed to see what the problem was and he faced being attacked before they arrived.

    http://www.bakersfield.com/news/atto...29e92bcb0.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Closing arguments in Dennis Bratton death penalty case to be heard Monday

    By Jason Kotowski
    The Bakersfield Californian

    After a trial lasting more than two months, jurors are expected to begin deliberations Monday regarding the fate of a Kern Valley State Prison inmate who stomped his cellmate to death.

    Last month, Dennis Bratton, 47, was convicted of assault by a life prisoner with force likely to produce great bodily injury. Jurors will make a recommendation as to whether Bratton should be sentenced to death or life without the possibility of parole.

    Attorneys on Friday went over jury instructions with Judge Michael E. Dellostritto, at times striking portions of the instructions that were deemed unnecessary and potentially confusing.

    The instructions will include a list of Bratton's convictions, many stemming from his 1996 arrest after robbing a bank and wounding someone in a shooting.

    Deputy Public Defender Paul Cadman told the court he plans to talk about the impact Bratton's death would have on his mother and cousin. Prosecutor Andi Bridges said she'll object as the law is clear an attorney can't argue sympathy for the defendant as part of the jury's considerations in deciding on a verdict.

    In examining the pertinent jury instruction, Dellostritto interpreted it as meaning an argument can be made regarding a defendant's death as it ties in with the loss of some positive quality in the defendant's background or character.

    The judge said he didn't have a problem with Cadman stating what is in the jury instruction during his closing argument.

    Bratton stomped on and strangled 27-year-old Andrew Keel on May 16, 2013, in the prison cell they shared. Bratton's public defenders argued self-defense, but Bridges said Bratton planned and later bragged about the killing.

    Both Bratton and Keel were members of white racist prison gangs, and both were serving life sentences.

    In asking jurors for a recommendation of death, Bridges has said they should consider the circumstances of Keel's death, the impact it had on his friends and family and Bratton's other violent conduct.

    http://www.bakersfield.com/news/clos...334325cea.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Prosecution calls for death of 'rabid dog' Dennis Bratton in stomping death of cellmate

    By Jason Kotowski
    The Bakersfield Californian

    He robbed a bank in 1996. He beat and stomped a man so fiercely in 2010 the man required lifesaving brain surgery.

    And in 2013, Dennis Bratton again stomped a man, this time his cellmate. He knocked Andrew Keel to the floor of the cell they shared at Kern Valley State Prison and brought his boot-clad foot down on his head again and again, shattering his skull.

    Bratton, prosecutor Andi Bridges told jurors Monday, showed no mercy to Keel, someone who had once been his friend, the two of them getting along so well they chose to live together.

    He deserves no mercy in return, she said.

    "He's tasted blood," Bridges said. "He's like a rabid dog. And what do you do with a rabid dog? You put it down."

    Last month, Bratton, 47, was convicted of assault by a life prisoner with force likely to produce great bodily injury. Jurors now must decide whether to recommend death or life without the possibility of parole.

    During her closing argument Monday, Bridges went over each of Bratton's 15 prior convictions before he stomped and strangled Keel. Most came as a result of a 1996 bank robbery in San Diego County, others from assaulting other inmates or having weapons in his possession.

    Even facing the possibility of death didn't persuade Bratton to stay out of trouble, Bridges said. Six months before the trial began, he knocked another inmate unconscious because the inmate beat him at handball.

    And just days before his preliminary hearing in January 2015, correctional officers found two razor blades in his cell which he hid in greeting cards from his mother.

    Bratton won't change, Bridges said. The facts and circumstances of Keel's death alone warrant the death penalty, she said.

    Keel, 27, made his share of bad decisions and "was no angel," Bridges said.

    "But by far the worst judgment he ever exercised was choosing to live with this animal behind me," she said while pointing at Bratton.

    Bratton's attorneys, Deputy Public Defenders Pam Singh and Paul Cadman, have argued Bratton killed Keel in self-defense. They said Keel, whose blood alcohol content at the time was at least twice the legal limit, picked a fight with someone tougher than he was, and it was either kill or be killed.

    Cadman, in his closing, pounced on Bridge's use of "rabid dog" to describe his client. He used the term repeatedly while displaying photographs of Bratton as a child and saying, "They want you to kill him. Is that a rabid dog?"

    Cadman called into question the credibility of the prosecution's witnesses, many of whom were either current or former inmates. He slammed the portrayal of Keel as a good-hearted man who made some bad choices, noting Keel received three strikes, one for leading police on a "Dukes of Hazzard-type" chase while on parole and in possession of a gun.

    And while Keel didn't deserve to die the way he did, Cadman argued, his client also does not deserve to die at the hands of the government. He said Bratton will never be released from prison. He should be allowed to die when fate decides.

    In making his argument, he referred to people who save lives such as doctors, firefighters and law enforcement, and how they make no distinction between who receives their lifesaving efforts.

    "There's no government official in the emergency room who says, 'This is a bad person. This is a rabid dog,'" he said. "Why? Because we value life. All of it."

    Cadman wrapped up his closing late Monday afternoon. The jury will begin deliberating Tuesday morning.

    Also Monday, Dellostritto denied a request by KGET Channel 17 to record the proceedings. The judge had denied a request by The Californian a month earlier to photograph the trial, and stuck to that decision in making the ruling, finding that the presence of cameras could affect the jury.

    Also, he didn't want to chance a juror accidentally being recorded on camera.

    Before the ruling, Cadman told the court he "vehemently objected" to the presence of cameras due to the impact they would have on the jury. He also questioned why KGET hasn't appeared at any of the dozens of other hearings during the course of the trial.

    "I'm suspicious because this case has been going since Jan. 30 and they show up now," he told the court.

    http://www.bakersfield.com/news/pros...a4f117407.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Judge denies mistrial following allegations of officer, juror misconduct in trial of Dennis Bratton

    By Jason Kotowski
    The Bakersfield Californian

    A mistrial was denied Wednesday in the case of an inmate convicted of stomping his cellmate to death after the court addressed allegations of both officer and juror misconduct.

    Earlier this week, a juror told the court she overheard a comment made by one of the California Department of Corrections and Rehabilitation officers guarding Dennis Bratton.

    She said she heard it as the jury went to lunch during its first day of deliberating whether Bratton, 47, will be sentenced to death or life in prison without the possibility of parole for killing his cellmate.

    The juror said she believed the officer asked the bailiff, "Have they returned a death verdict yet?"

    The juror, who became emotional as she was questioned by Judge Michael E. Dellostritto, said the comment upset her, and she later asked the other jurors if they heard it. She said she thought the remark was unprofessional and made light of the decision before the jury.

    Called in individually for questioning, most jurors said they only heard about the comment from the juror who first reported it. Others who thought they heard an officer say something said they couldn't make out exactly what was said.

    All jurors told the court they could disregard the comment and it would not impact their deliberations.

    The officer told Dellostritto he didn't see the jurors in the hallway when he asked, "Do they have a verdict yet?" He said he never used the word "death."

    The bailiff and a courtroom assistant both said they heard the officer's question and did not hear him say "death."

    Deputy Public Defender Paul Cadman, representing Bratton along with newly appointed Public Defender Pam Singh, moved for a mistrial, arguing the jury was "infected" by the alleged comment.

    "It became, as many stories do, regarding fishing and other things, bigger and bigger, etc.," Cadman said.

    Dellostritto denied the motion. He found the evidence presented in court did not rise to that level, noting that even the juror who he believes misheard the comment said she was capable of disregarding it.

    The judge did, however, asked that the officer no longer be present before the jury because some jurors may have seem him when the remark was made and associate him with it. The officer and another correctional officer guarding Bratton were replaced by two other correctional officers.

    Earlier, while Dellostritto was individually questioning jurors regarding the officer's comment, one juror volunteered that not everyone has been participating in deliberations.

    The juror making the accusation told the court she said something to a juror who wasn't engaged in the conversation, and the accused juror responded, "I don't need to talk to you guys. I'm not going to talk to you guys about this."

    Dellostritto questioned another jury member who told the court there were two or three jurors who were not deliberating. He later elaborated some were more involved than others, and no juror specifically refused to deliberate.

    Once that juror left, Dellostritto said he planned to call the entire jury in and admonish it to deliberate before sending it back to the jury room.

    Singh disagreed and vigorously argued that any admonishment by the court to keep deliberating would make it clear to the jury that discussions have been held regarding an alleged failure to deliberate.

    She said the woman accused of not deliberating may have taken part in earlier discussions and already made up her mind. If that's the case, she said, the juror is not compelled to further deliberate.

    "If she's made her decision, she can do cartwheels in there," Singh said.

    The judge then called in the jurors and reminded them to keep an open mind and engage in an exchange of opinions. He asked if anyone was unable to deliberate. No one said they were.

    Defense counsel asked Dellostritto to order The Californian not to publish a story regarding the alleged misconduct over concerns a juror may read and be affected by the coverage.

    Following further discussion, Dellostritto said he did not believe he had the authority to stop The Californian from publishing an article regarding the issues, which were discussed in open court, although not in front of the jury. He said he's not sure he would exercise that authority even if he did have it as it involved a "very important First Amendment issue."

    Last month, the jury convicted Bratton of assault by a life prisoner with force likely to produce great bodily injury. He stomped and strangled his 27-year-old cellmate, Andrew Keel, four years ago in the cell they shared at Kern Valley State Prison.

    The defense argued Bratton killed Keel in self-defense. Prosecutor Andi Bridges said the killing was planned and Bratton continued to stomp on Keel's head even as he begged him to stop.

    Jury deliberations resume at 9:30 a.m. Thursday.

    http://www.bakersfield.com/news/judg...053b89530.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Mistrial declared after jurors deadlock 10-2 in penalty phase of inmate who stomped his cellmate to death

    By Jason Kotowski
    The Bakersfield Californian

    A Kern County judge declared a mistrial Thursday after jurors failed to reach a verdict in the penalty phase of the trial of Dennis Bratton, convicted last month of stomping his cellmate to death.

    Jurors deadlocked 10-2 with the majority voting Bratton should be sentenced to death for killing 27-year-old Andrew Keel in their cell at Kern Valley State Prison.

    The mistrial came after a second day in which jurors alleged a couple members of the jury weren't participating in deliberations. Judge Michael E. Dellostritto questioned several jurors individually both Wednesday and Thursday regarding the allegations but found no evidence of any juror failing to deliberate.

    He said the issue appeared to involve a difference of opinion or personality conflict.

    "As long as they deliberated for a reasonable period of time they're not required to keep deliberating," the judge said of the accused jurors in a discussion with attorneys outside the presence of the jury.

    A hearing was set for Sept. 25 to determine if the prosecution will retry the penalty phase of the 4-1/2 month trial. If not retried, Bratton will be sentenced to life without the possibility of parole.

    Deputy Public Defender Paul Cadman, Bratton's attorney along with Public Defender Pam Singh, said he's grateful to the two jurors who voted to save Bratton's life. He said Bratton expressed relief but was very concerned about the "obvious jury bullying" of the two women who voted against death.

    Bratton should be allowed to live out the rest of his life behind bars, the attorney said.

    "Hopefully the DA allows him to live a segregated life away from polite society by virtue of the first verdict in the guilt phase," Cadman said.

    After speaking with the two dissenting jurors, Cadman said the description of Bratton as a "rabid dog" by prosecutor Andi Bridges during her closing argument upset them. The two women had to briefly excuse themselves from the other jurors afterward to cry about what they'd heard.

    The two jurors declined to speak with a reporter following the mistrial.

    Cadman said the Public Defender's office values all human life, "and we allow Animal Control to decide how to handle rabid dogs."

    Bridges said she and Keel's family are "tremendously disappointed" by the outcome. She said justice was not served, and while the U.S. has the best legal system in the world, "sometimes these things happen."

    Told of the juror's comments, Bridges said it is never her intention to upset anyone during argument. She said cases like this become part of an attorney's life, and she's been involved in this one since the day Keel was killed four years ago.

    But she also said Bratton's repeated acts of shocking violence and lack of remorse reveal someone who has no regard for others.

    "He has shown for 20 years a complete lack of humanity which underlined that statement and is why that statement was made," she said.

    The jury of 10 women and two men began deliberating Tuesday morning. The court received a note from the jury foreman at 2 p.m. Thursday stating, "The deliberations have come to a standstill. We are unable to reach a unanimous decision regarding sentencing as of this time."

    When jurors were called in and questioned regarding the note, some indicated not everyone was following instructions and deliberating. One juror asked if it would be possible to replace a juror.

    Following this questioning and after jurors were sent back to the jury room, Bridges spoke forcefully of the court's obligation to conduct an investigation to determine if one or more jurors were failing to follow the law and weren't participating.

    Singh said the opinion of one juror regarding replacing another juror does not necessitate an investigation. She said argued there was nothing left to do but declare a mistrial.

    "If you don't have a unanimous decision, you don't have a unanimous decision," she said.

    When informed of the mistrial, sniffing was heard and two jurors became teary-eyed.

    On May 16, 2013, Bratton stomped and strangled Keel, crushing his skull in an attack that left the cell floor awash in blood.

    The defense argued Bratton killed Keel in self-defense. Bridges said the killing was planned and Bratton continued to stomp on Keel's head even as he begged him to stop.

    Bratton had previously stomped another inmate in an attack that left the man requiring lifesaving brain surgery. And six months before trial, he knocked an inmate unconscious after the inmate beat him at handball.

    The jury convicted Bratton May 17 of assault by a life prisoner with force likely to produce great bodily injury. Bratton was already serving a life sentence for a 1996 bank robbery in San Diego County at the time he killed Keel.

    http://www.bakersfield.com/news/mist...e7b582fc4.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    D.A.'s office declines to again pursue death penalty in inmate stomping trial of Dennis Bratton

    By Jason Kotowski
    The Bakersfield Californian

    Convicted killer Dennis Bratton will spend the rest of his life in prison after a Kern County prosecutor said Monday she will not retry the penalty phase of his trial to seek the death penalty.

    The 47-year-old Bratton, wearing an orange prison jumpsuit, his hair cut short and beard trimmed, made no comment during the brief hearing in which he learned he'll be sentenced to life without parole.

    Deputy Public Defender Paul Cadman, Bratton's attorney along with Public Defender Pam Singh, said afterward Bratton is relieved the DA's office has decided not to pursue another trial.

    "Mr. Bratton always expressed full umbrage at the notion of state-sponsored homicide and continues to assert that he acted in self-defense," Cadman said.

    "And while he will never return to polite society," Cadman added, "he does look forward to rejoining his everyday prison society where he can continue to improve himself by utilizing all the educational and vocational and spiritual resources the prison system so kindly provides."

    Prosecutor Andi Bridges declined comment.

    A jury in May convicted Bratton of assault by a life prisoner with force likely to produce great bodily injury in the May 16, 2013, stomping death of Andrew Keel, his cellmate at Kern Valley State Prison.

    The jury then deadlocked 10-2 on whether Bratton should get death or life without parole, with 10 voting for death.

    Bratton stomped and strangled Keel, crushing his skull, Bridges said. She told jurors the killing was planned and Bratton bragged about it afterward.

    She noted he has a history of stomping those who cross him. In 2010, Bratton stomped another inmate who required lifesaving brain surgery.

    The defense argued Keel, 27, had threatened to kill Bratton, and Bratton killed him in self-defense.

    Bratton was serving a life term for a 1996 bank robbery in San Diego County at the time of the killing.

    Judge Michael E. Dellostritto set the sentencing hearing for Oct. 24.

    http://www.bakersfield.com/news/d-a-...79529932d.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Defense seeking to postpone sentencing in stomping death until re-interviewing jurors, considering arrest of prosecution witness

    BY JASON KOTOWSKI
    The Bakersfield Californian

    Defense attorneys for convicted killer Dennis Bratton are seeking to postpone his sentencing next week after learning the victim's sister — a prosecution witness — was arrested earlier this year on suspicion of embezzling $300,000.

    Public Defender Pam Singh and Deputy Public Defender Paul Cadman also said they became aware of certain information last month that will require them to contact and interview jurors regarding deliberations in Bratton's guilt phase, according to a motion filed Oct. 11. The information the attorneys received was not disclosed in the filing but may be discussed in court Tuesday.

    “While this situation is fluid, and of course while Mr. Bratton remains pleased with the ultimate penalty results, he continues to express full umbrage at the prospect of potentially late discovery," Cadman said.

    Prosecutor Andi Bridges declined comment until the motion is heard in court.

    A jury in May convicted Bratton of assault by a life prisoner with force likely to produce great bodily injury in the May 16, 2013, stomping death of 27-year-old Andrew Keel, his cellmate at Kern Valley State Prison.

    It then deadlocked 10-2 on whether Bratton should get death or life without parole, with 10 voting for death.

    Bridges waived the death penalty last month, saying she would not retry the penalty phase of the trial.

    Keel's sister, Jessica McCoy, testified during the penalty phase to the difficult upbringing she and her brother had in Tehama County. She talked about the trouble Keel got in after his parents divorced when he was 8 years old.

    McCoy blamed many of Keel's problems on parenting failures, and said he got away with things when he should have been disciplined.

    Keel eventually picked up three felony strikes and was sentenced to prison for 25 years to life.

    Now McCoy faces her own criminal charges.

    In an email sent to defense counsel on Oct. 10, Bridges said it was brought to her attention that McCoy was arrested in Tehama County in February for allegedly embezzling more than $300,000.

    According to an article by Northern California's Action News Now, McCoy is accused of stealing the money from 2012 to 2016 while working as an accountant for Gilchrist Properties Inc. of Los Molinos.

    Cadman wrote the following in the defense motion: "As an Officer of the Court, I declare that I have a good faith belief in the need to continue (postpone) the sentencing to further investigate this matter in order to prepare a Motion for a New Trial of the guilt phase."

    Bratton, 47, was serving a life term for a 1996 bank robbery in San Diego County at the time of the killing.

    http://www.bakersfield.com/news/defe...9e7cfc59e.html

  9. #9
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    Inmate sentenced to life without parole in stomping death as attorneys spar over outcome

    By Jason Kotowski
    The Bakersfield Californian

    A Kern Valley State Prison inmate who had faced the death penalty after stomping his cellmate to death was sentenced Tuesday to life without parole during a hearing in which attorneys argued over whether justice was served and defense counsel called the prosecutor a "sore loser."

    A jury last year convicted 47-year-old Dennis Bratton in the brutal killing of his cellmate, Andrew Keel, but deadlocked 10-2 on the penalty phase, with 10 voting he should be put to death. In California, a unanimous recommendation is needed from a jury before a judge imposes a sentence of death.

    A mistrial was declared, and the prosecution then waived death instead of retrying the penalty phase.

    At the time of the May 16, 2013, killing, Bratton was serving a life term for a 1996 bank robbery in San Diego County. He had previously beaten and stomped another inmate in 2010 with enough force the man required brain surgery.

    Prosecutor Andi Bridges argued at trial Bratton deserved no mercy and should be put to death for killing the 27-year-old Keel.

    On Tuesday, Bridges told the court that comments from other jurors indicated the two jurors who did not vote for death failed to deliberate during the penalty phase. Ten jurors took their jobs seriously, she said, but those two violated their sworn oaths.

    "This is an instance where we do feel the system failed," Bridges said.

    Public Defender Pam Singh, Bratton's attorney along with Deputy Public Defender Paul Cadman, argued that the notion that the legal system somehow failed because the prosecution didn't get a death verdict is "terribly disappointing."

    She said she and Cadman, while disagreeing with the 10 jurors who voted for death, respect the verdict of every juror.

    "We reject the notion that somehow justice failed because one side didn't get their way," she said.

    Before sentencing, Keel's older sister, Jessica McCoy, addressed the court with tears in her eyes. She said her brother was a "troublemaker," but had never been convicted of violent crimes when he was sentenced to 25 years to life upon receiving a third strike.

    That sentence, she said, turned out to be a death sentence because he ended up meeting Bratton.

    She said she often thinks of the phone call she received from the prison lieutenant who informed her of her brother's death. Later that day, she had to break the news to her mother.

    "That day our lives were all shattered at the hands of the defendant, yet his life remains unchanged," McCoy said.

    Throughout the trial, McCoy said, Bratton never showed remorse. She said she made eye contact with him multiple times and "only saw hatred in his eyes."

    Judge Michael E. Dellostritto said he had little leeway in the sentence Bratton received given the jury's decision. Regarding the attorneys' comments about the penalty phase, Dellostritto said it was clear to him that he needed to declare a mistrial after hearing the comments of several jurors.

    Dellostritto then imposed a sentence of life without parole plus 15 years. That sentence will be served consecutive to the life term Bratton is currently serving.

    Afterward, Cadman accused Bridges of failing to respect the legal system.

    "Mere disappointment with two jurors who were against the 10 who had a mob mentality in attempting to extinguish a human life is shocking," Cadman said.

    "Those two jurors are heroes and Mr. Bratton, while taking umbrage with the 10 'killer jurors,' owes his very life not just to jurors 8 and 9, and not just Ms. Singh and I, but to the entire American jury system that has been a hallmark of our nation since the Revolutionary War."

    Cadman said he thought the comments made by McCoy were appropriate as "she lost her brother and I understand her pain." But he said the comments of Bridges "blaming everyone but herself was evidence of a sore loser."

    He noted jurors were approved by both sides.

    Bridges said the defense misconstrued her words, and she didn't feel the system failed because she didn't get a death verdict, but solely because the two jurors never deliberated.

    "That's where the system failed," she said. "They did not uphold the law."

    Bridges said Bratton's behavior hasn't changed since Keel's death. While awaiting trial, he knocked another inmate unconscious for beating him at handball.

    She said it's not a matter of if, but when Bratton will harm or even kill someone else.

    http://www.bakersfield.com/news/inma...d97649648.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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