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Thread: Gary Dwayne Haugen - Oregon

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    Gary Dwayne Haugen - Oregon






    Facts of the Crime:

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

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    Oregon Supreme Court affirms death sentence for Gary Haugen, who killed fellow inmate

    The Oregon Supreme Court today affirmed the conviction and death sentence for Gary Haugen, one of two inmates convicted in 2007 of killing a third inmate at the Oregon State Penitentiary.

    Haugen and the other defendant, Jason Brumwell, were convicted in Marion County Circuit Court in the 2003 death of inmate David Polin, who suffered a crushed skull and 84 stab wounds. According to the state, the two killed Polin because they suspected he had alerted prison officials to their drug use.

    The court considered four of 29 issues raised by Haugen's attorneys. The first was that the state should have provided an interpreter for a prospective juror who did not speak English and that excluding that juror violated his rights to a jury composed of a fair cross-section of the community.

    The second issue questioned the court’s exclusion of one witness’ retort to the defendant which the defense team argued hurt their ability to show the witness’ bias.

    The appeal also challenged some of the state’s expert witnesses, saying their testimony failed to meet court standards for scientific evidence. And finally, the appeal argued that the death sentence should be imposed after the life sentence is fulfilled.

    The court rejected all four. State law does not require providing an interpreter for prospective jurors, it wrote, and laws in both federal and state courts require jurors who can speak and understand English. On the second issue, the court found that the defense had already shown the witness’ dislike of the defendant through cross-examination and other evidence. Excluding another remark showing his bias was not in error.

    The court ruled against Haugen on the third issue, noting that the defense didn’t make an objection at the time that any of the expert witnesses testified. And on the fourth issue, the court noted that the death penalty and a prison sentence are different and that “to treat them as interchangeable or capable of treatment as consecutive to one another makes little sense.”

    The Supreme Court’s review occurs automatically after a death sentence is imposed. The other inmate convicted of the killing, Jason Brumwell, was also sentenced to death. His review is pending.

    The case is the State of Oregon v. Gary Haugen.

    In Oregon, all death-penalty sentences are sent for automatic review by the Oregon Supreme Court. There are 34 inmates on Oregon’s death row.

    http://www.oregonlive.com/pacific-no...ow_inmate.html

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    Oregon death row inmate wants to drop appeals, paving way for first execution in 14 years

    By Helen Jung
    The Oregonian

    Gary Haugen, an inmate sentenced to Oregon's death row for the 2003 killing of a fellow prisoner, is expected to waive all future appeals of his death sentence at a hearing Friday in a move that could clear the way for Oregon's first execution since 1997.

    Haugen, who has written letters in recent weeks saying he wants to drop any appeals and expressing his "disgust" with the judicial system, is scheduled to appear before Marion County Circuit Judge Joseph Guimond for a death-warrant hearing .

    "I ask the court to at least respect my will and initiate the process for execution A.S.A.P!" Haugen wrote in an April 10 letter to the state court administrator. Haugen decried the "arbitrary and vindictive actions of this system" and said there will no efforts by him or anyone on his behalf to appeal his death sentence.

    The Department of Corrections, which would carry out an execution, has already obtained the necessary drugs for an execution, said Jeanine Hohn, a spokeswoman for the Department of Corrections. The department had been notified by its legal counsel that Haugen wants to waive any more legal reviews, she said.

    Attorneys for Haugen, 49, declined to comment.

    Despite Haugen's letters, it remains to be seen what actually happens on Friday at the death-warrant hearing, which was scheduled after the state Supreme Court issued its decision affirming Haugen's death sentence. Under Oregon law, the court automatically reviews all death-penalty cases.

    "It's not cut and dried that because Mr. Haugen has said he does not wish to pursue appeals in the past that he will not or cannot change his mind," said Phillip Lemman, a spokesman for the Oregon Judicial Department.

    But if he does waive his appeals and the judge issues a death warrant, an execution would be scheduled to take place between 90 days and 120 days after the death warrant is issued, said Hohn.

    Haugen was initially imprisoned for the 1981 murder of his former girlfriend's mother in Northeast Portland. In 1999, he volunteered to donate half of his liver to save his dying sister. Under testing, however, he was found not to be a good donor match.

    Haugen and another defendant were then convicted in 2007 of the murder four years earlier of fellow inmate David Polin. The state argued that the two men killed Polin, a former Hillsboro resident who was serving time for attempted murder and drug convictions, because they suspected he had snitched on their drug use to prison officials.

    Co-defendant Jason Brumwell was also sentenced to death for the fatal attack, in which Polin suffered a crushed skull and 84 stab wounds.

    The state has not executed anyone since 1996 and 1997 when it put to death two men, Douglas Franklin Wright and Harry Charles Moore who both waived appeals. They were executed by lethal injection.

    Besides Haugen, there are 34 men and one woman on Oregon's death row.

    http://www.oregonlive.com/pacific-no..._14_years.html

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    Oregon officials request a July 28 execution date for Gary Haugen

    By Helen Jung
    The Oregonian

    The state has asked a Marion County Circuit Judge to set July 28 as the date of execution for Gary Haugen provided he is found to be mentally competent Friday to waive future appeals of his death sentence.

    The request was filed today by Donald Abar and Douglas Hanson, both deputy district attorneys for Marion County.

    Haugen is expected to appear in court Friday at a death warrant hearing in front of Judge Joseph Guimond. The Oregon Supreme Court affirmed the death sentence April 19.

    If he's found competent and continues to waive his right to appeal, the sentence is to be carried out between 90 and 120 days of the supreme court ruling.

    But if he does waive his appeals and the judge issues a death warrant, an execution would be scheduled to take place between 90 days and 120 days after April 19 -- the effective date of the Supreme Court's affirmation.

    Haugen was initially imprisoned for the 1981 murder of his former girlfriend's mother in Northeast Portland.

    Haugen and another defendant were then convicted in 2007 of the murder four years earlier of fellow inmate David Polin. The state argued that the two men killed Polin, a former Hillsboro resident who was serving time for attempted murder and drug convictions, because they suspected he had snitched on their drug use to prison officials.

    Co-defendant Jason Brumwell was also sentenced to death for the fatal attack, in which Polin suffered a crushed skull and 84 stab wounds.

    The state has not executed anyone since 1996 and 1997 when it put to death two men, Douglas Franklin Wright and Harry Charles Moore who both waived appeals. They were executed by lethal injection.

    Besides Haugen, there are 34 men and one woman on Oregon's death row.

    http://www.oregonlive.com/pacific-no...ry_haugen.html

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    I´m curious if this was a honest decision or just a move to get some attention.

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    Oregon inmate Gary Haugen expected to ask for death today

    Gary Dwayne Haugen, on Oregon's death row for the 2003 murder of a fellow inmate, is expected to waive appeals of his case this afternoon at a death-warrant hearing.

    The 49-year-old man has already written several letters over the past three years to court personnel indicating he wants to drop legal challenges blocking his execution.

    Now that the Oregon Supreme Court has reviewed his case and affirmed his death sentence, he is expected to make the request in front of Marion County Circuit Judge Joseph Guimond at 1:30 p.m.

    Prosecutors have already submitted a request asking that July 28 be set as the date of execution. It would be the first execution since 1997, when Harry Charles Moore was put to death by lethal injection. Moore also waived all legal challenges.

    Haugen was first sent to the Oregon State Pententiary for the 1981 murder of Mary Archer, the mother of his former girlfriend. Prosecutors said he broke into her Northeast Portland residence, and when she arrived home, he raped her and beat her to death with his fists, a hammer and a baseball bat. He pleaded guilty to her murder and was sentenced to life imprisonment with the possibility of parole.

    While in prison, he and another inmate, Jason Brumwell, attacked a third inmate, David Polin in 2003. The state argued that the two men mistakenly believed Polin had snitched on a friend's drug use to prison officials and attacked him in an alcove leading into the prison's "band room."

    Polin sustained a crushed skull and 84 stab wounds. Brumwell was also sentenced to death for the fatal attack.

    In addition to Haugen, there are 34 men and one woman on Oregon's death row.

    http://www.google.be/search?q=death+...&start=10&sa=N

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    Execution Delayed for Convicted

    Gary Haugen is one of 35 men on Oregon's death row. He also wants to be the first to be executed since 1997. But that decision will have to wait for a mental compentency review. Haugen's lawyers today filed the motion with a Marion County judge to get sixty days for that review. Haugen was convicted in 1981 of killing his ex-girlfiend. The death penalty conviction came later, after he killed a fellow inmate.

    Haugen had stated he was dropping all appeals and asked the state to move forward with his execution. Today's hearing was originally set to be a death warrant hearing, and would likely have set an execution date of July 28th. The psychological review will, at the very least, set that date back by a couple of months.

    http://www.kxl.com/AUDIO--Execution-...rderer/9834353

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    'I'm cool with it.'

    Wearing shackles and a red transport prison uniform, Gary Dwayne Haugen sat at a table in a Marion County courtroom Friday and greeted the judge who had presided over his 2007 death-penalty trial.

    "It's like deja vu," he said in a friendly tone to Marion County Circuit Judge Joseph Guimond.

    But the 49-year-old, who has been in prison since he was 19 and on death row since 2007, said he's ready to move forward. He scoffed at arguments from his own attorneys seeking a 90-day delay to assess his mental competency.

    "I think it's cruel and unusual punishment that counsel continues to give delays and give postponements," said Haugen. "This is my life we're talking about. I've got a lot of things to prepare for and I'm cool with it. I don't think they should keep getting chances until they get that trump card."

    Guimond set the hearing for Wednesday morning, explaining to Haugen that he will ask him a series of questions to determine whether he is mentally competent to waive appeals of his conviction and death sentence.

    "I respect your wish to have this matter addressed one way or another," Guimond told Haugen.

    A death warrant would clear the way for Oregon's first execution since 1997. The state has requested the judge set July 28 as the date.

    The small courtroom was crowded with lawyers, investigators, media and supporters of one of Haugen's victims. Haugen was convicted with fellow inmate Jason Brumwell in 2007 of killing another prisoner, David Polin, whom they mistakenly believed had snitched on a friend's drug use. Polin's skull was crushed and he had been stabbed 84 times.

    Clarinda Polin Perez, who had grown up with David Polin and married him at the prison just a few months before his murder, said she felt it was her duty to attend the hearing. "It's up to me to keep David's voice going and to be David's voice in any situation," said Perez.

    She said she just wants "some kind of closure and justice" for Polin and "have his memory put to rest with some dignity."

    She said she was surprised to learn Haugen wanted to drop his appeals, adding that she hoped he was sincere.

    Haugen himself has gone back and forth on his desire to drop appeals, his attorney, Andy Simrin, argued Friday. Haugen has sent conflicting letters to court personnel -- some sought to waive appeals while others asked the court to ignore previous missives. That wavering calls into question his decisiveness and his competency, the attorney argued.

    A neuropsychologist evaluated Haugen on May 9 and found that he suffers from attention deficit disorder and fetal alcohol syndrome, Simrin said. In addition, he has sustained repeated head trauma and may have cognitive problems that deserve further study, he argued.

    These aren't delay tactics, Simrin said, noting that he and attorney Keith Goody were assigned to Haugen's case just last month. But they are trying to fulfill their responsibilities under the Oregon and U.S. Constitutions to ensure that Haugen's rights to due process and safeguards from cruel and unusual punishment are protected.

    But Guimond sided with Marion County Deputy District Attorney Don Abar that the statute calls for holding a death-warrant hearing within 30 days of the Supreme Court decision that affirmed the conviction and sentence. The latest date for such a hearing in this case is Wednesday.

    Haugen was first sent to the Oregon State Penitentiary for the 1981 murder of Mary Archer, the mother of his former girlfriend. Prosecutors said he broke into her Northeast Portland residence, and when she arrived home, he raped her and beat her to death with his fists, a hammer and a baseball bat. He pleaded guilty to her murder and was sentenced to life imprisonment with the possibility of parole.

    He was denied parole several times. After being convicted of Polin's murder, he and Brumwell were transferred to the death-row unit, also at the Oregon State Penitentiary.

    Although Haugen did not specifically state why he wants the death warrant hearing in Friday's proceedings, he has written in letters over the years of his disgust with the legal system.

    http://www.oregonlive.com/pacific-no...l_with_it.html

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    Oregon death row inmate seeking his own execution set to answer judge's competency questions

    A judge will question an Oregon inmate on death row who has asked to waive the rest of his appeals process and die of a lethal injection.

    Judge Joseph Guimond will hold the hearing on Wednesday morning in the Marion County Courthouse, where 49-year-old Gary Haugen will answer 29 questions that Guimond will use to judge Haugen's competency.

    If Haugen is successful, his execution would be Oregon's first in 14 years.

    Prosecutors are seeking a July 28 date for death by lethal injection.

    Haugen's defense attorneys say Guimond needs experts to testify on Haugen's competency.

    Haugen was already in prison on a 1981 murder charge when he and another prisoner were convicted of the 2003 murder of a fellow inmate who they mistakenly thought was snitching to guards.

    http://www.therepublic.com/view/stor...gon-Death-Row/

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