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Jason Van Brumwell - Oregon Death Row
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Thread: Jason Van Brumwell - Oregon Death Row

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    Jason Van Brumwell - Oregon Death Row




    Facts of the Crime:

    Sentenced to death in the 2003 murder of fellow inmate David Polin.

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    Administrator Heidi's Avatar
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    Ore. high court upholds death sentence for Jason Van Brumwell

    The Oregon Supreme Court has upheld a Marion County jury's decision to sentence a former Eugene man to death row for murdering a fellow inmate at the Oregon State Penitentiary in Salem in 2003.

    The Register-Guard newspaper says 35-year-old Jason Van Brumwell may now ask the U.S. Supreme Court to overturn the death sentence he received for killing inmate David Polin.

    The Oregon high court ruled Friday.

    Brumwell was previously spared the death penalty in a Eugene murder case that initially landed him in state prison in 1996. The newspaper says Lane County jurors sentenced Brumwell to life in prison for his participation in the murder of a store clerk.

    http://www.therepublic.com/view/stor...ntence-Upheld/

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    In today's United States Supreme Court orders, Brumwell's petition for a writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.

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    Oregon death-row prisoner joins Gary Haugen in seeking execution

    A second death-row prisoner is challenging Oregon to carry out the death penalty, saying he agrees with co-defendant and fellow inmate Gary Haugen that the legal system is broken and pursuing appeals is pointless.

    Jason Van Brumwell, who was sent to death row in 2007 with Haugen after the two were convicted of a prison killing, has written the Oregon Supreme Court that he wants to waive his appeals and is prepared to be executed, he said in a phone interview with The Oregonian.

    "It's about this whole (expletive) system we've got here," Brumwell said, adding that he watched Haugen's legal battles with his own attorneys. "I told myself if it ever got to this point where everything breaks down," that he would withdraw and allow his death sentence to be carried out. "I owe it to myself to be true to myself."

    The development could hand Gov. John Kitzhaber with his second death-row dilemma in his current term. Haugen in 2011 waived his appeals and was to be executed in December of that year. But two weeks before the planned execution date, Kitzhaber, who has said he is morally opposed to capital punishment, issued a reprieve for Haugen. He also said he would not allow executions to proceed while he is governor.

    The move triggered both praise and criticism for the governor, who allowed two executions to proceed in his first term. Haugen sued, arguing the governor was overstepping his authority. The Oregon Supreme Court sided with the governor, and Haugen is awaiting word whether the U.S. Supreme Court will take up the case.

    It was unclear whether the state high court has received Brumwell's letter yet.

    Brumwell, 38, publicly disclosed the letter at a court hearing Wednesday morning in Marion County Circuit Court. He said he is frustrated that his lead lawyer was abruptly dropped from his legal team without his consent. Another attorney for Brumwell said his previous lawyer had a conflict but referred additional questions to the Oregon Public Defense Services department, which handles representation for indigent clients.

    Although Brumwell has stated he is withdrawing his appeals, he must formally do so in court. Meanwhile, his suit challenging his conviction is continuing. The next hearing is scheduled for Feb. 11.

    This posting will be updated.

    (Source: The Oregonian)
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Moh's Avatar
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    Governor Kitzhaber's term ends in January 2015.

    http://en.wikipedia.org/wiki/Kitzhaber

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    Senior Member CnCP Addict Stro07's Avatar
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    The bad thing is that he is up for re-election.

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    Administrator Helen's Avatar
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    Quote Originally Posted by Moh View Post
    Governor Kitzhaber's term ends in January 2015.

    http://en.wikipedia.org/wiki/Kitzhaber
    Is Kitzhaber anti death penalty?

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    Death-row inmate Jason Brumwell cancels request for execution proceedings

    Death row inmate Jason Brumwell told a Marion County Circuit judge Tuesday morning that he is canceling his request for a death warrant hearing and instead will keep appealing his conviction and sentence in a 2007 prison killing.

    Brumwell, 38, said he believes Gov. John Kitzhaber would halt an execution anyway, just as the governor stopped the planned 2011 execution for Gary Haugen, Brumwell's co-defendant at his trial. Both Haugen and Brumwell have criticized Kitzhaber's intervention, contending it is costly and illegal.

    "Since the governor does not seem to mind spending" taxpayers' money, he said, "I might as well just go ahead and win."

    Marion County Circuit Judge Thomas Hart asked Brumwell whether he was disavowing the letter he sent on Jan. 5, in which the twice-convicted murderer asked for a hearing to get the execution process started. Brumwell confirmed he was and apologized for sending the letter. He noted that his mother had "smacked him" for that decision.

    Brumwell had sent the letter after the Oregon Office of Public Defense Services abruptly removed one of his attorneys, Michael Curtis, from the case, without Brumwell's consent. On Tuesday, Brumwell said he still wanted Curtis to be his attorney in the case, but that he would proceed regardless.

    Paul Levy, general counsel for the public defense office, told Hart that the office had received "concerning information" about "team dynamics" involving Curtis and lead counsel Kathleen Correll. The problems continued until the office decided to take Curtis off this case.

    But Hart noted that the office has switched counsel in other cases as well, saying such moves not only add costs but can significantly delay proceedings. A trial in Brumwell's post-conviction case is scheduled to begin in October.

    In Brumwell's case, the state-funded public defense services office has assigned another attorney to work with Correll. They will also continue to seek assistance from Curtis, although they expect that to diminish over time, Levy said in court. He denied that it happens regularly but agreed to continue discussions with Hart if the judge sees other problems.

    Curtis has been paid $75 an hour for his work during the case, Levy said after the hearing.

    Brumwell and Haugen were sentenced to death in 2007 for the prison killing of a fellow inmate, David Polin, four years earlier.

    http://www.oregonlive.com/pacific-no...n_brumwel.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Moh's Avatar
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    Death-row inmate from Eugene deserves new murder trial proceedings, judge rules

    By Jack Moran
    The Register-Guard

    A twice-convicted killer from Eugene deserves a second chance to demonstrate to a jury that he does not belong on Oregon’s death row, a judge has ruled.

    Circuit Judge Gayle Nachtigal issued a written opinion last week that could mean Jason Van Brumwell will eventually return to a Marion County courtroom for a new penalty phase in a trial related to the 2003 murder of prison inmate David Polin, who suffered a crushed skull and 84 stab wounds when Brumwell and fellow inmate Gary Haugen attacked him inside the Oregon State Penitentiary in Salem. Brumwell was sentenced to death for the brutal slaying.

    Attorneys for the state have not yet decided if they will appeal Nachtigal’s ruling in the post-conviction relief case.

    Nachtigal upheld Brumwell’s murder conviction but wrote in her opinion that his attorneys failed “to exercise professional skill and judgment” by not offering evidence that could have swayed the jury to reject the death penalty sought by prosecutors.

    Had the lawyers done a better job, “there is a reasonable probability” that the jury would have sentenced Brumwell to a life sentence, the judge wrote.

    At the time of the prison killing, Brumwell was already serving life behind bars for his role in the so-called “Dari Mart murder” of a store clerk in west Eugene. Brumwell nearly beat to death a second clerk during the 1994 incident.

    Marion County prosecutors presented evidence from the Dari Mart case — including information regarding Brumwell’s interest in satanism and “death metal” music — to jurors who returned the death sentence.

    Prosecutors in the prison murder trial also had a doctor testify that Brumwell would present a danger to other inmates were he to continue living among the penitentiary’s general population.

    Brumwell’s trial lawyers, however, made “no effort ... to contradict (the doctor’s) opinion or to offer a different alternative,” Nachtigal wrote. She added that, furthermore, there “does not appear to have been much, if any, effort to locate an expert to explain Mr. Brumwell to the jury,”

    Asked if her agency plans to ask the state Court of Appeals to review Nachtigal’s opinion, Oregon Department of Justice spokeswoman Kristina Edmunson said attorneys involved in Brumwell’s case are “reviewing all of (their) options.”

    Kathleen Correll, a Portland attorney representing Brumwell in the post-conviction relief case, declined comment.

    Brumwell, 39, made headlines last year when he informed the Oregon Supreme Court that he wanted to drop his appeal and was prepared to be executed. He canceled that request several weeks later.

    Since Oregon voters in 1984 reinstated capital punishment, just two inmates have died via lethal injection — one in 1996, the other a year later. Both were executed after choosing not to pursue appeals past an initial review by the state Supreme Court, which is automatically triggered every time a murderer is sentenced to death in Oregon.

    Another man involved in the Dari Mart murder, Michael Hayward, has been on death row ever since he was found guilty in the case in 1996. The two other men who participated in the killing testified for the prosecution during trials for Brumwell and Hayward, and took plea deals. Both have since been released from prison.

    http://registerguard.com/rg/news/loc...rules.html.csp

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