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Thread: Dayva Michael Cross - Washington

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    Dayva Michael Cross - Washington


    Amanda Baldwin, 15


    Salome Holle, 18


    Dayva Michael Cross




    Summary of Offense:

    Sentenced to death in 2001 for stabbing his wife and her two daughters in Snoqualmie. Convicted June 22, 2001, in King County for the stabbing deaths of his wife, Anouchka Baldwin, 37, and stepdaughters Amanda Baldwin, 15, and Salome Holle, 18, near Snoqualmie in 1999.

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    Administrator Moh's Avatar
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    Direct appeal denied by the Washington Supreme Court on March 30, 2006. Certiorari denied by the US Supreme Court on November 6, 2006. Cross filed a personal restraint (state habeas) petition on January 29, 2008.

    http://atg.wa.gov/DeathPenaltyCase/2...usReports.aspx

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    Washington Supreme Court upholds death penalty

    The Washington Supreme Court has upheld the death sentence for Dayva Cross who was sentenced to die for killing his wife and two of her daughters in 1999 in Snoqualmie.

    In a decision Thursday the court said the death penalty sentence could be based on an Alford plea, in which the defendant admits there is enough evidence for a conviction but doesn't specifically plead guilty.

    Cross entered an Alford plea in the stabbing deaths of his wife, Anouchka Baldwin, and two of her teenage daughters. He was arrested after a surviving girl escaped and called police.

    Cross was sentenced to death in 2001. He continues to appeal on other issues.

    http://www.bellinghamherald.com/2013...#storylink=cpy
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    Washington Supreme Court upholds death penalty

    The Washington Supreme Court has upheld the death sentence for Dayva Cross, who was sentenced to die for killing his wife and two of her daughters in 1999 in Snoqualmie.

    In a unanimous decision issued Thursday, the court dismissed several claims by Cross, including whether the admission of claims of guilt that Cross made while he was first in custody violated his constitutional rights and whether he had ineffective counsel.

    Cross was arrested after a surviving girl escaped and called police. He was sentenced to death in 2001.

    There is currently a moratorium on the death penalty in Washington state. Earlier this year, Gov. Jay Inslee said that he is suspending the use of the death penalty in Washington for as long as he's in office.

    http://www.columbian.com/news/2014/j...death-penalty/
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    Administrator Moh's Avatar
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    On July 15, 2014, Cross filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/was...cv01092/202194

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    In today's orders, the United States Supreme Court declined to review Cross' petition for certiorari on state habeas.

    Lower Ct: Supreme Court of Washington
    Case Nos.: (79761-7)
    Decision Date: September 26, 2013
    Rehearing Denied: October 6, 2014

    http://www.supremecourt.gov/search.a...es/14-7683.htm

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    Washington Supreme Court tosses out state’s death penalty

    OLYMPIA, Wash. (AP) — Washington state’s Supreme Court ruled Thursday that the death penalty, as applied, violates its Constitution.

    The ruling Thursday makes Washington the latest state to do away with capital punishment. The court was unanimous in its order that the eight people currently on death row have their sentences converted to life in prison. Five justices said the “death penalty is invalid because it is imposed in an arbitrary and racially biased manner.”

    “Given the manner in which it is imposed, the death penalty also fails to serve any legitimate penological goals,” the justices wrote.

    Four other justices, in a concurrence, wrote that while they agreed with the majority’s conclusions and invalidation of the death penalty, “additional state constitutional principles compel this result.”

    Gov. Jay Inslee, a one-time supporter of capital punishment, had imposed a moratorium on the death penalty in 2014, saying that no executions would take place while he’s in office.

    In a written statement, Inslee called the ruling “a hugely important moment in our pursuit for equal and fair application of justice.”

    “The court makes it perfectly clear that capital punishment in our state has been imposed in an ‘arbitrary and racially biased manner,’ is ‘unequally applied’ and serves no criminal justice goal,” Inslee wrote.

    The ruling was in the case of Allen Eugene Gregory, who was convicted of raping, robbing and killing Geneine Harshfield, a 43-year-old woman, in 1996.

    His lawyers said the death penalty is arbitrarily applied and that it is not applied proportionally, as the state Constitution requires.

    In its ruling Thursday, the high court did not reconsider any of Gregory’s arguments pertaining to guilty, noting that his conviction for aggravated first degree murder “has already been appealed and affirmed by this court.”

    https://www.seattletimes.com/seattle...death-penalty/
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    Senior Member CnCP Legend Mike's Avatar
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    Dayva Cross charged in 1999 Snoqualmie murder is murdered in prison

    Snoqualmie Valley Record

    A former death-row inmate who was charged in the 1999 murder of his wife and two step-daughters in Snoqualmie has died at the Washington State Penitentiary in Walla Walla.

    Dayva Michael Cross, 62, was found dead in a penitentiary shower on Sunday, March 13, officials said. His death is considered to be a homicide. The news was first reported by the Walla-Walla Union Bulletin.

    Cross was convicted in June 2001 on three counts first-degree murder for the stabbing of his 37 year-old wife and two teenage step-daughters on March 6, 1999 at their Rening Road home in Snoqualmie.

    Cross was later arrested after another of his step-daughters, who was 13 and being held captive at the home, managed to escape physically unharmed to call police.

    Afterwards, Cross attempted suicide in his cell at the King County Jail, by shoving mattress stuffing down his nose and mouth. Paramedics rescued him, but he became paralyzed from the waist down.

    Defense attorneys tried to argue in court that at the time of the homicide, Cross was suffering from depression and psychosis. Attorney’s also said he heard voices and sometimes thought he was the son of God.

    A panel of 12 jurors decided Cross should receive the death penalty by lethal injection. Cross remained on death row for 18 years, but his sentence was converted to life in prison after the State Supreme Court ruled in 2018 the death penalty was unconstitutional.

    https://www.valleyrecord.com/news/ma...ies-in-prison/
    "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

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    Moderator Bobsicles's Avatar
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    I’m confident Inslee is heartbroken about this.
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    Convicted killer accused of murdering former death row inmate goes on trial in Wash. state

    Police said the killer used a makeshift knife in a prison shower attack, leaving behind a gruesome scene

    By Jeremy Burnham
    The Walla Walla Union-Bulletin

    WALLA WALLA, Wa. — A murder trial began Tuesday, April 18, in Walla Walla County Superior Court with an unusual set of facts — both the defendant and the victim already are convicted killers.

    A Washington State Penitentiary inmate is accused of murdering former death row inmate Dayva Cross.

    Ecarnacion Salas is charged with second-degree murder and is accused of killing Cross in the shower at the WSP on March 13, 2022.

    Salas is serving a 20-year prison sentence for a 2019 conviction for murdering Jesus Cardenas Lopez in Snohomish County in 2014.

    Cross, meanwhile, was serving a life sentence after his death sentence was commuted after the Washington State Supreme Court deemed the state's use of the death penalty unconstitutional in 2018.

    Cross was convicted in 1999 of murdering his wife and two stepdaughters, ages 18 and 15.

    The details of the case are gruesome. Cross' body was found cut open and some organs removed.

    Police said the killer used a makeshift knife in the attack.

    Salas' case has been filled with irregularities up to — and including — the first day of trial.

    Salas is defending himself and has opted for a bench trial, forgoing a jury trial and placing himself in the hands of Walla Walla County Superior Court Judge Brandon L. Johnson.

    Through the first day of the trial, Salas has hardly asked any witnesses any questions and has only objected to his opponent's questioning once.

    Rachal Cortez, a Walla Walla defense attorney who Johnson assigned as standby counsel for Salas just days earlier, interrupted opening statements to ask that Salas be declared incompetent and that the trial be stopped.

    Part of her argument was that Salas kept arguing the same point over and over after the judge ruled against him. The argument was first made at a hearing last week.

    On Friday, April 14, at a status hearing, Salas motioned for the case to be dismissed, arguing that he did not have his arraignment on time.

    He was charged with the crime on Dec. 23, 2022, and arraigned on Jan. 23, 2023.

    State law requires most defendants to arraigned within 14 days of being charged. However, there is an exception.

    For defendants who are not arrested or held in jail, but are instead summoned to court, the 14-day timer doesn't start until their first court appearance.

    Salas was not being held on his new charge at the time. He was being held in prison on his past conviction. Therefore, the out-of-custody exception applied.

    Salas' first appearance was on Jan. 23, the same day of his arraignment.

    Salas spent almost an hour of the status hearing arguing that point — and citing the wrong law — despite Johnson explaining the exception to him several times.

    On Tuesday, when Johnson asked Salas and Walla Walla County Prosecuting Attorney Gabe Acosta whether they had any last pre-trial issues to raise before the trial began, Salas again brought up his arraignment date and asked that the charges against him be dropped.

    Again, Johnson explained that his arraignment was within the allowable time range.

    When it was time for Salas' opening argument, he immediately went back to the same arraignment argument, prompting Cortez's objection.

    Johnson ruled that Salas returning to the same issue many times was not enough for him to be deemed incompetent and the trial resumed.

    Another oddity to the trial is that the defendant was in chains.

    For the trial, Salas' legs are shackled together, and his left arm is cuffed to his table. His right arm is free so he can take notes and drink water. Normally this is not done in front of a jury because it might prejudice its members. Chains are not a concern in a bench trial.

    After extremely brief opening statements by both sides, A WSP correctional officer testified that he was stationed in a booth observing inmates shower the day of Cross' death. He saw blood coming from the showers and called for floor officers to respond.

    Salas' only question to the officer was whether he was still working at the prison.

    Another correctional officer, William Hale, testified that he received notification that something was happening in the shower and that his assistance was needed.

    When he arrived at the showers, he found Cross lying on the floor.

    He said when he looked closer, he saw the Cross was hurt and had "his insides taken out."

    Acosta then showed several photos, including photos of the victim's mutilated, blood covered body taken after it was found.

    Hale testified that he did not attempt any life-saving measures because the victim's needs were far greater than the guards' ability to provide care.

    Salas did not question Hale.

    Ellis Erikson, a WSP correctional sergeant, testified that after the body was found and inmates were being returned to their cells, it was noticed that Salas had cut himself.

    Salas did not question Erikson either.

    Medical examiner J. Matthew Lacy said the victim's body was cut open and provided additional details about Cross' death. He said he ruled the cause of death to be blunt force trauma to the torso.

    Again, the witness was not cross-examined.

    Salas asked the next witness, another corrections officer, a single question: "You filed a report?"

    Detective Marcus Goodwater of the Walla Walla Police Department found the weapon used in the crime in the shower stall with Cross' body.

    He said it was "what I would describe as a shank. A makeshift knife, a cutting weapon."

    Salas only asked Goodwater what department he worked for.

    The trial is scheduled to resume at 9 a.m. Wednesday, April 19.

    https://www.corrections1.com/in-cust...Jb6EPLRqpQ6pe/
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