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Thread: David Leslie Card - Idaho

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    David Leslie Card - Idaho




    Facts of the Crime:

    Was sentenced to death for the June 5, 1988 shooting deaths of Eugene and Shirley Morey.

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    Administrator Moh's Avatar
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    March 17, 2010

    Idaho high court: No new trials for 6 on death row

    By REBECCA BOONE
    The Associated Press

    BOISE, Idaho — The Idaho Supreme Court has denied requests from six death row inmates who said they were entitled to new trials because a U.S. Supreme Court ruling made after their convictions called on juries, not judges, to impose the death penalty.

    All the men argued that the state violated their Sixth Amendment due process rights because they were sentenced to death by a judge instead of a jury, as required under the 2002 federal decision.

    But in a unanimous ruling handed down Friday, the Idaho Supreme Court noted that their cases were all appealed and the judgments made final before the U.S. Supreme Court ruling was issued - and that 2002 decision can't be retroactively applied to the Idaho inmates' cases.

    All six inmates have appeals in various stages of state and federal court that will now move forward.

    They were sentenced to death on first-degree murder charges, some of them in multiple murder cases:

    - Paul Ezra Rhoades was sentenced to death for the 1998 rape and murder of Idaho Falls teacher Susan Michelbacher, 34, and the murder and kidnapping of Blackfoot convenience store clerk Stacy Dawn Baldwin, 24. Rhoades was also sentenced to life without parole for the shooting murder of convenience store clerk Nolan Haddon, 21.

    - Randall Lynn McKinney was convicted of shooting to death Robert Bishop Jr., 25, of Pocatello, whose body was found in a gravel pit in 1981.

    - Gerald Ross Pizzuto Jr., was convicted of beating to death Marsing resident Berta Herndon, 58, and her nephew, Del Dean Herndon.

    - David Leslie Card, of Nampa, was sentenced to death row for the 1988 shooting deaths of newspaper carriers Eugene and Shirley Morey.

    - James Harvey Hairston was sentenced to death in a double murder case after he was convicted of robbing and shooting to death elderly couple William and Dalma Fuhriman at their rural Downey farmhouse.

    - Gene Francis Stuart, a former Orofino resident, was convicted in 1981 of murder by torture in the beating death of his girlfriend's 3-year-old son, Robert Miller.

    http://seattletimes.com/html/nationw...owappeals.html

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    In September 2011, the federal courts stayed Card’s habeas case until he is determined to be competent.

    Card had a history of suffering from paranoid schizophrenia before the 1988 murder of two people in Nampa, although after separate mental evaluations and treatment, Card was determined capable of assisting in his own defense.

    http://www.idahopress.com/news/local...a4bcf887a.html

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    July 8, 2012

    Death Row: 12 inmates await execution in Idaho prisons (edited)

    Card ‘literally executed those two people’

    By VICKIE HOLBROOK and JOHN FUNK
    The Idaho Press-Tribune

    INMATE: David Leslie Card, 52

    CRIME: Shooting deaths of two people in Canyon County

    ON DEATH ROW SINCE: Sept. 1989

    “What makes it so absolutely chilling,” then-Canyon County Prosecutor Richard Harris told the jury in a soft voice, as he summed up the first-degree murder trial of David Card in May 1989, “it could have been you or it could have been me. Think about that, it could have been you or me instead of the Moreys.”

    Pointing to the defendant, Harris said “He literally executed those two people.”

    It only took the jury 75 minutes to agree with the prosecutor.

    “It was a very deliberate, very chilling murder … Here are some ordinary hard working people who just happened to be in the wrong place when this guy wanted to get a kick … It was senseless. They were completely innocent of anything. They didn’t deserve to die,” Harris said after the verdict.

    David Card was pissed off at a Circle K clerk in the predawn hours of June 5, 1988, because she kicked him out of the convenience store located at the corner of 11th Avenue North and Garrity Boulevard.

    He had taken a drink from her cup and the clerk told him to leave. Card left the store, walked more than a mile to get his Smith & Wesson Model 57 .44 magnum revolver.

    Eugene and Shirley Morey were contract carriers for the Idaho Press-Tribune. They picked up their Sunday papers and did what they often did. They stopped at the convenience store for a Coke and folded their papers. Their interior light was on.

    But when Card returned, the store clerk was gone.

    “He was going to go back and blast her, but she wasn’t there, and unfortunately, Eugene and Shirley Morey were there and the intent to kill her was transferred to them,” Harris told the jury, reviewing testimony given in the trial days before.

    According to witness statements, the gunman walked up to the red Pinto and fired at close range through the driver’s-side window.

    Shirley Morey screamed after the first shot was fired into her husband’s head. Then Card shot again, striking Eugene Morey a second time in the head.

    And then Card walked around to the other side of the car and delivered two more bullets in Shirley’s head.

    “Can you imagine what was going through her mind for those 30 seconds?” the prosecutor asked the jury. “The abject terror that must have been going through her mind. And for what reason, except they were folding their papers.”

    Card then walked calmly from the scene. When police arrived, they heard witness accounts.

    Then-Nampa Police Chief Marshall Brisbin and his investigators were at a loss. They had a description of a man with long curly hair and glasses. A composite drawing was released to the public and every lead was being checked out.

    “It’s a little scary,” Brisbin told the Idaho Press-Tribune reporter. “We’re trying to run down all leads. If anybody has any information or knows somebody who is mentally unstable who has a large caliber revolver, we’d like to know about it.”

    Five days later, Pocatello police arrested Card after Nampa authorities got a tip that the gunman had left Butte, Mont., and was headed for Pocatello and that he might try to board a bus for Arizona.

    Sure enough, Card had purchased a bus ticket and was with his mother. He was apprehended without a struggle.

    Relief flooded the community when residents no longer had to worry that a gunman was on the loose.

    But the motive was still not clear.

    Ten days after the murder, the court ordered Card to undergo a psychiatric evaluation to determine Card’s mental status. Months later, after separate evaluations and a 90-day treatment program where, the judge ruled him capable of standing for trial, although his defense attorney, Van Bishop, said his client appeared “heavily medicated.”

    Card had a history of suffering from paranoid schizophrenia.

    Ten days prior to the trial starting, it was revealed that a co-inmate at the mental facility, where Card was treated, claimed that Card had confessed and the trial was scheduled for May 15.

    During the trial, the inmate said Card had told him that he was mad at the store clerk “who had the audacity to chastise him over some milk” he had consumed from the clerk’s cup.

    At sentencing, then-3rd District Judge Jim R. Doolittle, handed down a death sentence.

    “It was a cold-blooded, pitiless killing,” the judge said. “It was an execution.”

    Card’s attorney argued against the death penalty, because the man was mentally ill when he committed the crime while the prosecution argued that Card faked his mental illness to escape the death penalty.

    Card remains on Death Row as his appeals are processed.

    http://www.idahopress.com/news/local...a4bcf887a.html

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    Justice Delayed: Man on Death Row Still Has Execution Stayed

    By Ruth Brown
    The Idaho Press-Tribune

    NAMPA • Nearly 30 years after his parents were killed execution-style in Nampa, Terry Morey still misses them.

    And nearly 30 years since the man who killed them was sentenced to death, Morey is still waiting for justice to be served.

    The execution of David Card — the man who killed Morey’s parents — is still on hold.

    Every six months for the past 10 years, a report has been filed updating the federal court on Card’s mental health status.

    Each time, that report has stated that Card is not mentally stable enough to aid in his own appeals process.

    And that has delayed Card’s execution.

    “He took my parents from me, and I believe he should be executed,” Morey said about Card. “I would be more at ease, and I think it should be an eye for an eye.”

    Morey was 14 years old when his parents were killed. His sister, Tammy Morey, was 12. After their parents’ death, the pair moved to Rockland, Idaho, to live with family.

    Now 42, Morey lives in West Valley City, Utah, and believes Card’s execution should move forward.

    On Death Row

    Card, now 56, was placed on death row in 1989 for fatally shooting two Idaho Press-Tribune newspaper carriers, Eugene and Shirley Morey, in the head as they folded newspapers for morning delivery.

    In 2006, U.S. District Judge Edward Lodge placed a stay on Card’s execution and appeal after mental health evaluations determined Card was mentally unstable. At the time, the defense, the prosecution and multiple psychiatrists agreed that Card’s mental health status made him unable to assist in his own defense and unable to understand legal proceedings. On April 1, federal defender Bruce Livingston filed a status report with the court, stating he was “unaware of any change or developments in the mental condition and competency of (Card).”

    Morey is frustrated that the process has taken so long and knows Card’s execution may never come.

    There are no other pending appeals or legal proceedings in Card’s case in the meantime.

    A requirement that Lodge mandated in his order was that every six months, the defense provide an update on whether Card’s mental capacity has changed.

    Last week, Livingston said Card is still in the same mental capacity as he was when Lodge signed the order in 2006, but he didn’t know if anyone has given Card a formal evaluation.

    The Killings

    The couple was killed on June 5, 1988, after a clerk had kicked Card out of a convenience store at the corner of 11th Avenue North and Garrity Boulevard.

    Card left the store and returned with a gun, but the clerk was gone.

    Eugene and Shirley Morey were contract carriers who had stopped at the convenience store for a Coke before delivery. They were sitting in their car while folding their papers.

    According to witness statements, Card walked up to their vehicle and fired at close range through the driver’s side window, shooting Eugene Morey in the head.

    Shirley Morey screamed, and Card shot Eugene Morey again in the head.

    Witnesses said Card then walked around to the other side of the car and fired two more bullets in Shirley’s head.

    “It was a very deliberate, very chilling murder,” said then-Canyon County Prosecutor Richard Harris after Card was found guilty of the murders. “Here are some ordinary, hard-working people who just happened to be in the wrong place when this guy wanted to get a kick … It was senseless.

    They were completely innocent of anything. They didn’t deserve to die.”

    David Card

    The fundamental reason Card’s execution has been put on hold is because of his severe mental health issues.

    In October 2006, prior to Lodge ordering the stay of execution and further proceedings, a motion was filed by the defense outlining recommendations by psychiatrists for the state and the defense.

    In the findings, the state-retained psychiatrist Dr. Bruce Harry wrote that Card had not been treated with any anti-psychotic medications for years.

    Harry stated that Card “had severe conceptual disorganization, frequent loose associations, bizarre delusions, severe paranoia and marked affective flattening.”

    Harry’s prognosis was that Card had paranoid, continuous schizophrenia and had suffered from the mental disease since no later than November 1985.

    “Anti-psychotic medications are the only known effective treatment for Schizophrenia,” according to Harry’s prognosis. “Therefore, if he continues to go untreated with anti-psychotic medications his prognosis is very poor in the sense that he will not improve and might worsen considerably.”

    A state-retained psychologist, Dr. Robert Engle, was cited in the motion agreeing Card was not competent to stand trial and proceed legally.

    Engle wrote that Card could not convey information rationally to his counsel, make decisions regarding legal strategy, and Card had “delusions concerning the motives of his defense counsel.”

    Engle said he assumed Card would continue to refuse to take medication.

    “Mr. Card’s paranoid schizophrenia is now chronic,” Engle said. “The longer this disorder has continued untreated the more deeply embedded and rigid his delusions have become. In addition he has become less able to communicate rationally.”

    Even if Card were to begin taking medications consistently, Engle wrote that it was unlikely that his symptoms would be sufficiently reduced enough that he would become competent to stand trial.

    Another psychiatrist, Dr. William Logan, was retained by Card’s counsel and agreed with the prosecution’s retained psychiatrists.

    Logan said that without treatment for his schizophrenia, Card is “blatantly psychotic” and unable to assist his attorneys. Logan determined that as a result of Card’s deteriorated mental condition from schizophrenia, Card “lacks a rational appreciation of his legal situation and lacks the ability to assist or work with his attorneys in any manner in the pursuit of his appeals.”

    The determination was made in 2006 after Card filed a motion for post-conviction relief, claiming Card’s attorneys at the time of his initial trial failed to investigate Card’s background and life experience prior to the murders, providing ineffective legal assistance at sentencing.

    At the time of the Moreys’ killings, Card was declared mentally competent for the initial trial in the ‘80s.

    Inmates within the Idaho Department of Correction’s custody have the right to refuse medication, meaning Card may refuse medications for his diagnosed mental illness.

    IDOC policy states that unless the inmate is “gravely disabled,” meaning unable to provide basic personal needs, or if the offender has a likely risk of harm to himself or others, the state cannot order involuntary medication.

    Non-emergency involuntary medication mandates may occur only after a formal hearing. The hearing determines issues such as whether all available, less-restrictive options were attempted and failed.

    “Generally, an involuntary medication hearing must be held prior to any involuntary administration of medication to an offender,” according to the policy. “However, a physician or psychiatrist may order the emergency involuntary administration of medication without holding an involuntary medication hearing if, in his professional judgment (the offender meets the previous requirements).”

    Emergency involuntary medication may only occur if there is an existing emergency and can’t be ordered in anticipation of a potential or future emergency.

    The Idaho Department of Correction last week said that it was not legally allowed to disclose to the Press-Tribune if Card was taking medication, whether they be voluntary or involuntary.

    In the meantime, Terry Morey watches and waits.

    “They were honest people, and they were good people all around,” Morey said about his parents. “I miss waking up and saying that I love them.”

    http://magicvalley.com/news/local/cr...72dc88740.html

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    Senior Member CnCP Legend Mike's Avatar
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    Mentally ill Idaho death row inmate won’t face execution

    By Rebecca Boone
    The Associated Press

    Idaho officials have agreed to stop seeking to execute a man who has been in solitary confinement on death row for 30 years because he is too mentally ill to be legally put to death and doctors say he will not recover.

    The agreement, approved by a federal judge on Monday, means David Leslie Card will instead serve life without parole and will be moved out of the solitary confinement housing of death row. U.S. District Judge B. Lynn Winmill wrote in the ruling that if Card ever does regain competence, the appeals in his case may be re-opened.

    Medical professionals who have examined Card over the course of the past three decades have said such an event would border on the miraculous. Card has paranoid schizophrenia but has refused to take his medications for years, and psychological experts say he is delusional and psychotic.

    Card, however, does not believe he has an illness to medicate, according to an agreement filed jointly by Card’s attorneys and state prosecutors, and doctors have said that even if he resumed taking medication that his illness has progressed so far that it would not fully improve.

    Card was convicted of two counts of first-degree murder for the June 5, 1988, shooting deaths of Eugene and Shirley Morey at a Nampa convenience store and was subsequently sentenced to death.

    Witnesses at the trial said Card was frustrated after a clerk at the store scolded him, and that he left to get his gun with the apparent intention of killing the clerk. But the clerk was gone when Card returned so he walked to a parking lot nearby and killed the

    Moreys, who were sitting in their car folding newspapers for delivery. At the time, Judge Jim Doolittle called it a “cold-blooded, pitiless killing.”

    Bruce Livingston, the attorney representing Card, said Card was suffering from schizophrenia at the time of the killings and had to be medicated so that he could stand trial.

    His primary court appeal — that he had ineffective counsel at his trial — has been on hold for years because he is too mentally ill to assist his attorneys in the case.

    Now, even if Card does somehow get well enough for a new trial, “the State of Idaho will never again seek to sentence David L. Card to death for the murders for which he was convicted in this case,” the attorneys wrote in the joint agreement.

    The attorneys said the agreement benefits the court system and witnesses in the case, because many of them are elderly or have health problems.

    https://www.seattletimes.com/seattle...-life-instead/

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