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Thread: Michael Kiser Addison - New Hampshire Death Row

  1. #41
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    What now? A habeas petition?

  2. #42
    Senior Member CnCP Legend Mike's Avatar
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    Attorney for death row inmate challenge execution methods

    CONCORD, N.H. (AP) - An attorney for New Hampshire’s only death row inmate is challenging the constitutionality of the state’s death penalty law.

    In a recently filed motion, a lawyer for Michael Addison argues that the two methods of execution allowed by New Hampshire - lethal injection and hanging - violate the state and federal constitution, including the Eighth Amendment’s ban on cruel and unusual punishment. The attorney argues the drugs needed for lethal injection are unavailable and would inflict pain and suffering.

    Senior Assistant Attorney General Jeff Strelzin says the state plans to file a response.

    Addison was sentenced to death for the 2006 killing of a Manchester police officer Michael Briggs. The state Supreme Court upheld his sentence in April.

    David Rothstein, Addison’s attorney, said he also plans to file an appeal of the case with the U.S. Supreme Court within the next month.

    New Hampshire’s last execution was in 1939, and lethal injection was added as an execution method in 1986. The state has no designated facility for carrying out executions. Department of Corrections Commissioner William Wrenn has said the state may use a prison gymnasium to carry out Addison’s execution rather than construct a costly new facility.

    In the motion, first reported by New Hampshire Public Radio, Rothstein argues it will be difficult for the state to obtain the drugs necessary to ensure Addison is not subject to pain and suffering. Because New Hampshire has never put anyone to death by lethal injection, the state has not developed proper procedures or protocols, he argued.

    “A constitutional lethal injection process is dependent on the proper administration of the right drugs, in the right dosages, delivered by the right people, with the right safeguards,” Rothstein wrote.

    State law says executions can be carried out by hanging if it is impractical to use lethal injection. Rothstein argues death by hanging “offends contemporary norms and standards of decency.”

    The filing mentions recent executions in Ohio, Arizona and Oklahoma, where lethal injection procedures caused the people being put to death to gasp for air or writhe in pain.

    “These executions demonstrate that lethal injection … poses an acute risk of intolerable suffering,” the motion says. “The fact that these states have experience with lethal injection, and New Hampshire has none, is cause for even greater concern.”

    Legislative efforts to repeal the death penalty over the past decade have failed. The debate over repeal in 2014 focused heavily on Addison, with repeal opponents arguing it could jeopardize the state’s ability to legally execute him. U.S. Sen. Kelly Ayotte, who prosecuted Addison while serving as attorney general, urged lawmakers not to pass repeal.

    Both the House and Senate passed a repeal bill in 2000, but then-Gov. Jeanne Shaheen, now a U.S. senator, vetoed it.

    http://www.washingtontimes.com/news/...nge-execution/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  3. #43
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    Michael Addison Asks U.S. Supreme Court To Review Capital Murder Conviction

    New Hampshire’s only death row inmate Michael Addison is asking the United States Supreme Court to review the state court’s decision to uphold his conviction of capital murder.

    In a petition filed by his attorney, Addison argues that in allowing and refusing certain pieces of evidence during trial, the New Hampshire Supreme Court violated the eighth amendment of the US Constitution, which protects citizens from cruel and unusual punishment.

    Although the likelihood of a review by the nation’s highest court is slim, New Hampshire Public Defender David Rothstein says he will pursue all avenues, particularly when a defendant faces the death penalty.

    “This is a step that is available to us,” Rothstein says, “and we’re hopeful that the Supreme Court will see fit to review Michael Addison’s case.”

    In a recent dissent, Justices Breyer and Ginsberg expressed an interest in reconsidering the constitutionality of the death penalty, generally. In Addison’s petition, Rothstein argues this New Hampshire case could be an opportunity for the highest court to do just that.

    http://nhpr.org/post/michael-addison...der-conviction

  4. #44
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    In today's orders, the United States Supreme Court declined to review Addison's petition for certiorari.

    Lower Ct: Supreme Court of New Hampshire
    Case Nos.: (2008-945)
    Decision Date: April 30, 2015
    Rehearing Denied: July 23, 2015
    An uninformed opponent is a dangerous opponent.

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  5. #45
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    US Supreme Court won't review appeal of NH's only death row inmate

    CONCORD, N.H. — The U.S. Supreme Court has declined to review a petition from New Hampshire's only death row inmate to review his case.

    Lawyers for Michael Addison, 35, said the trial judge violated his rights by not allowing jurors to hear evidence he was remorseful and concerned about the Manchester police officer he shot in 2006 -- Michael Briggs -- after he was taken into custody.

    In a petition filed last year, they also challenged the judge's conduct in letting jurors hear about privileges a convict sentenced to life in prison without possibility of parole might get behind bars, including television and work opportunities.

    The court issued its one-sentence decision Jan. 11; it was released Tuesday. The court typically hears only a small fraction of thousands of petitions filed each year.

    Addison's public defender, David Rothstein, said Addison eventually will be appointed a new lawyer independent of his office to review the case and explore options. A judge has authorized that change.

    The New Hampshire Supreme Court upheld Addison's conviction in 2013 and ruled the death sentence was fair earlier this year, when compared to other cases in which an officer was killed in the line of duty.

    His lawyers also said that the amount of victim impact testimony and evidence prosecutors introduced violated Addison's rights. That evidence included numerous photographs of Briggs as a baby and a young child and 20 photographs and a video showing him playing with his own children.

    On Oct. 16, 2006, Addison was wanted by police for a string of violent crimes, including several armed robberies and a drive-by shooting.

    Briggs was 15 minutes from the end of his shift when he and his partner -- both on bicycle patrol -- confronted Addison in a dark alley. Jurors found that Addison shot Briggs in the head at close range to avoid arrest.

    http://www.wcvb.com/news/us-supreme-...nmate/37515092

  6. #46
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    Death-row inmate's next court filing months away, attorneys say

    CONCORD, N.H. — Attorneys for a man sentenced to death for killing a Manchester police officer said Wednesday that it will likely be next year before they file a petition claiming that he has been wrongly imprisoned.

    Michael Addison intends to file for a writ of habeas corpus, essentially claiming that he has been wrongfully imprisoned.

    Addison was sentenced to death for killing Officer Michael Briggs nearly 10 years ago.

    A new lawyer has joined Addison's legal team. Michael Wiseman, of Philadelphia, has experience in capital murder cases, especially with appeals. He told the court Wednesday that he would need some time to get up to speed.

    "I know it's a big volume," he said. "I don't know what the issues are going to be. I don't know what investigation is going to be required. It's probably a little premature to set a filing date."

    As for how long it will take the state to respond, Senior Assistant Attorney General Jeff Strelzin said he would first need to see what the defense files.

    "Only then will we know what a reasonable deadline is for any response, if we need depositions, a deposition schedule and finally, a hearing date with any potential time frame for that," Strelzin said.

    Unlike many states, New Hampshire has no timeline for when a writ of habeas corpus must be filed, but a federal clock is ticking.

    "Obviously, we hope to prevail in this court, but we have to be responsible and preserve the federal statute," Wiseman said.

    He said the defense must file something in state court by January 2017 to preserve that right. There could also be an evidentiary hearing, but it's impossible to say when that might happen.

    "Whether the hearing date actually will take place within a certain time frame will depend on whether or not we file dispositive motions, typically motions for summary judgment," Strelzin said.

    Addison was at Merrimack Superior Court for the hearing, but he never entered the courtroom.

    A status conference in the case is scheduled for the end of September. Addison is also appealing in federal court, and he has a federal hearing scheduled for May 26.

    http://www.wmur.com/news/deathrow-in...-away/39606892

  7. #47
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Attorneys for Michael Addison seek to overturn robbery convictions

    Defense claims judicial bias

    By Amy Coveno and Ray Brewer
    WMUR Manchester

    CONCORD, N.H. — Lawyers for New Hampshire death row inmate Michael Addison were in court Wednesday trying to get his two robbery convictions overturned.

    Addison was sentenced to death for killing Manchester police Officer Michael Briggs in 2006. He was also convicted of two armed robberies and firing shots on Edward J. Roy Drive in Manchester.

    After Addison was convicted of murder for shooting and killing Briggs, prosecutors introduced evidence of other crimes to suggest that Addison had a motive to kill the officer. The evidence supported the state's call for the death penalty.

    The defense argued Wednesday that there was judicial bias in the robbery convictions, and Addison's counsel was ineffective in failing to uncover that bias. Judge Kathleen McGuire was the presiding judge in all four trials.

    "When Mr. Addison was indicted, Justice McGuire phoned Justice (Robert) Lynn, because he was chief justice at the time, and asked to be assigned to Mr. Addison's cases," defense attorney Edward Sackman said.

    Cases are assigned randomly, so Lynn declined McGuire's request, officials said. She ultimately got the case because other judges were unavailable because of personal reasons.

    "The new evidence, as I sort of explained, is this revelation that Justice McGuire volunteered for the case," Sackman said. "That evidence, returning to the standard for a new trial, is new, because we didn't find out about it until after the trial, is admissible, because it comes in the form of a court order, and would have potentially changed the result."

    Prosecutors said there is nothing that indicates the judge had any sort of bias against Addison.

    "There is nothing to which the defense can point which suggests that Justice McGuire was anything but fair throughout all four of these trials," Assistant Attorney General Elizabeth Woodcock said.

    The defense proposed deposing McGuire to get an understanding of her thought process. The state called the notion of deposing a judge for such a reason unusual and concerning.

    Addison also has an appeal pending in federal court. That appeal is on hold until the robbery arguments have been decided.

    http://www.wmur.com/article/santa-ba...ffers/14473360

  8. #48
    Moderator Ryan's Avatar
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    As New Hampshire considers repealing the death penalty, the lone man on death row looms large

    To the mother of the man he murdered, Michael Addison is a swaggering killer she forced herself to stare down in court. To the psychologist who interviewed him for his defense last year, he is a deeply traumatized and sometimes-suicidal person broken by a childhood filled with violence and abuse.

    The only man on death row in New Hampshire spends his days alone in a concrete cell with a mattress, a sink, a toilet, and a tall, narrow window. His visitors are members of his legal team, who file the court documents that constitute his only communication with the wider world.

    But as the state grapples with the likelihood that the Legislature will vote this month to override a gubernatorial veto and repeal the death penalty, Addison looms large on both sides of the debate. He is a black man in an almost all-white state who killed a police officer and father of two, and who was sentenced to death weeks after a white millionaire also facing the death penalty was given life in prison. In the philosophical clash over ethics and justice, Addison is a brutal fact.

    “When we talk about the death penalty in the abstract, there’s a growing movement toward abolition because of concerns about fairness, accuracy, discrimination, and cruelty,” Northeastern University law professor Daniel Medwed said. “But on a granular level, in an individual case, it gets complicated.”

    Manchester police Officer Michael Briggs was an hour from the end of his shift in the early morning of Oct. 16, 2006, patrolling the east side of the city on his bike, when the call came in: a gunshot fired during a domestic incident in an apartment. He and his partner pedaled to the scene.

    Briggs knew Addison. Several years earlier, he had been the officer on scene when Addison was shot, and he had tended his wound. He was aware now that Addison was coming off a crime spree with a friend and that both were wanted in a shooting. But Briggs could not have known of the threat Addison made when friends told him the police were searching for him: He had vowed to shoot.

    Briggs and his partner searched the apartment building with other officers, but Addison and his friend were gone. The two officers set off into the darkness.

    Briggs was 35, quiet and direct and funny, a former Marine who grew up prowling the woods and swimming holes of Epsom, N.H. He and his father were always outdoors, talking on walkie talkies, digging for worms to use as fishing bait, and trapping and hunting deer and birds, said his mother, Maryann Briggs. Michael wanted to be just like his dad, and he followed him into police work.

    In the Manchester department, he was known for his love of his wife and two sons, his bravery, and the good-natured, respectful way he interacted with everybody, criminal or civilian. Before joining the force, Briggs had worked as a corrections officer in the county jail, and he often ran into former inmates out on the street, Manchester officers who knew him well say. At night, officers would converge on the local bars as they started to let out for the night, and it was not unusual to hear a happy, drunken voice call out, “C.O. Briggs!”

    Briggs always did the right thing, fellow officers thought. He had his head on straight. He could defuse any situation. He never seemed afraid.

    On the night he was killed, Briggs and his partner spotted Addison and his friend just before 3 a.m., walking down an alley with their hoods pulled up.

    “Stop, police!” Briggs shouted. Addison’s friend halted, but Addison kept walking, his hands near the gun tucked out of view in his waistband. Briggs shouted again, and Addison hunched his back and slowed. Briggs was an arm’s length away when he shouted for a third time.

    Now, Addison spun. In a sweeping motion, he raised the gun and fired a single shot straight into Briggs’s head.

    Briggs fell. Addison ran.

    Police found Addison after a massive search, hiding in his grandmother’s apartment in Boston.

    Briggs never regained consciousness. He died the next day.

    https://www.bostonglobe.com/metro/20...cRJ/story.html
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  9. #49
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    New Hampshire just abolished the DP. I agree with this decision, no point in having it if there’s only 1 person on DR there. In New England, people really aren’t into the DP, it’s not something people really push for. Even in NH, it was rarely used or even sought.

    The bill is not retroactive, though, so Michael Addison’s sentence remains in place. Which makes abolishing it utterly pointless.

    NH doesn’t even have any lethal injection drugs and has no plans to get them. Seems a waste of taxpayer time and money, as it is clear NH has no plans to actually execute their one DR prisoner. All these guards and medical staff, etc. and an entire section of the prison cordoned off for one man that they don’t even have any plans to execute.

    Bizarre.

    https://www.npr.org/2019/05/30/72828...governors-veto
    Last edited by Opinions; 06-01-2019 at 01:23 AM.

  10. #50
    Moderator Ryan's Avatar
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    In hindsight, Addison will have his sentence commuted to LWOP. When this will happen remains to be seen.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

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