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Thread: Briley Wayne Piper - South Dakota Death Row

  1. #21
    Administrator Heidi's Avatar
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    Poage: System doesn't think of the victim's family

    In her own way, Dottie Poage said she "respects" one of the men who tortured and killed her son in a Spearfish canyon 11 years ago.

    It's an appreciation engendered by Elijah Page's decision to halt his appeals and accept in July 2007 the lethal cocktail that legally ended his life.

    "I found out that Page, who didn't tell me but told someone else, was truly sorry for what he did," Poage, 56, said from her Rapid City home.

    "He said he can't take it back, but that he took full responsibility for what he did. To him, being executed meant accepting his punishment and following through with it so he could come to grips with himself for committing the crime. And I do respect that."

    She wishes Briley Piper, the other man on death row for killing her son, Chester Allan Poage, in March 2000, would accept that same punishment for a crime to which he admitted and save taxpayers some money.

    The legal system with its long, drawn-out appeals process, allows him to do otherwise, Poage said.

    "He has this dream, this vision, that he is going to be a free man some day," she said of Piper.

    "They're allowing him to think: 'I can ride this out. I can keep appealing because maybe some word in the trial was wrong and that will get me off the hook.'

    "Well, why doesn't the system think of the victim's family? Give us some hope, some resolve. I'm walking slowly toward the belief they will execute him someday. Give me some hope so I can pick up my step."

    Poage said it would sicken her to see South Dakota repeal the death penalty. What it needs, she said, is to be more expedient in using capital punishment. In her mind, Page chose to be expedient, and for that he always will have her respect.

    What Dottie Poage knows now is that Page died a peaceful death, and her son did not.

    "It would make me feel just as sad if I had tortured Page, because I'm not that type of person," Poage said.

    "He went in a peaceful death; there is resolve with me, and he gave that to me. By knowing no one has to take care of him every day, the state doesn't have to feed him every day, he's not trying to play with the system and screw with me again and again.

    "What I would like is for Briley Piper to do the same thing."

    http://www.argusleader.com/article/2...ictim-s-family

  2. #22
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    Lawrence Co. Denies Bill In Death Row Appeal Case

    Lawrence County commissioners are refusing to pay bills related to court appeals for an Alaska man convicted of murder in South Dakota and sentenced to death.

    Briley Piper of Anchorage, Alaska, acknowledged his role in the March 2000 killing of 19-year-old Chester Poage near Spearfish, and a judge sentenced him to death.

    But the state Supreme Court eventually overturned his death sentence by ruling that a jury, not a judge, should decide his fate. A jury sentenced Piper to death in July, and he is set to be executed in March.

    Piper's new lawyer, Steven Miller, requested the transcripts from the July sentencing hearing, but the Lawrence County commissioners are declining to pay the $16,435 transcript fees to the court reporter.

    http://www.keloland.com/News/NewsDet....cfm?Id=125587

  3. #23
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    Lawrence County Commission votes to cover latest costs in Piper case

    Lawrence County commissioners reluctantly decided Tuesday to pay the first of what likely will be many court fees for the prosecution of Briley Piper, who was twice sentenced to death for murder and now sits on death row in the state penitentiary in Sioux Falls.

    At its last meeting in December, the commission unanimously decided not to pay for a set of court transcripts produced by court reporter Ken Howell, which was requested by the legal counsel for Piper, who pleaded guilty in 2001 to the murder of Chester Allan Poage.

    At the time, commissioners wondered why they were being asked to pay essentially a state employee to create what they believed was a copy of the transcripts.

    Bruce Outka, Lawrence County's legal counsel, explained Tuesday that the $16,435 bill was not simply for photocopies but for transcripts from Piper's resentencing trial in July that had not yet been translated from stenographer's notes.

    In addition, he said, the county must comply with due process, a constitutional right for the defendant.

    "We bear the costs of the prosecution. Some small counties might not even do a death penalty case because they can't afford it," Outka said, referring to the fact that a death penalty sentence requires an automatic appeal.

    And, he added, if the commission had decided to not pay the bill, the Supreme Court would likely have ordered it to.

    While commissioners said they appreciated the need to pay the bill, they were still upset at the mounting costs for Piper's conviction and sentencing.

    "It's just not right. But it's the law, and sometimes you have to stand up and just say baloney," said Commissioner Daryl Johnson, who estimated that the Piper case has cost the county about $1 million so far.

    Commission Chairman Bob Ewing said he is apprehensive about the seemingly increasing and continuing legal fees as the case drags on.

    "That money could have been a lot better spent on other things in this community," said Ewing, who added that county taxpayers shouldn't have to bear the cost.

    Commissioners Terry Weisengberg, Richard Sleep, Brandon Flanagan and Johnson voted to pay the bill; Ewing voted not to.

    Piper pleaded guilty to Poage's death in 2001 and waived his right to have a jury determine his sentence. Circuit Judge Warren G. Johnson sentenced him to death, but Piper appealed Johnson's sentence.

    The South Dakota Supreme Court granted Piper the right to a sentencing trial after determining that the judge gave Piper incorrect information when he told him a jury would have to unanimously agree on the sentence. In fact, a life sentence would have been the result if even a single juror refused to impose the death penalty.

    Read more: http://rapidcityjournal.com/news/loc...#ixzz1iW1a5WEC

  4. #24
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    Victim's Mother Talks About Death Penalty

    Monday night's execution of Eric Robert was the first since Elijah Page was put to death by lethal injection in July of 2007. Page was sentenced for his role in the brutal killing of Chester Allan Poage.

    "You know, my son's life was cut way too short. He was never able to marry and have children, to give me grandchildren. That's something that I can only vision in my mind. What if?" Dottie Poage said.

    It's that question that lies at the heart of the pain and loss still felt by Dottie Poage.

    In 2007, Poage witnessed the execution of Elijah Page, one of two men sentenced to die for the brutal 2000 murder of her son, 19-year-old Chester Allan Poage.

    "It does bring somewhat of closure, some sort of calm, but it still does not bring your loved one back," Poage said.

    Poage says that her heart goes out to Lynette Johnson, the wife of murdered corrections officer Ron 'R.J.' Johnson.

    "I can very much identify with her as she probably can with me, knowing that one step has been done and it prepares you for the second step and the final time," Poage said.

    Just as Rodney Berget is still awaiting his execution in the murder of officer Johnson, Briley Piper is also on death row for his role in the killing of Poage's son.

    "You have to wait. You have to wait for the process to be done accordingly," Poage said.

    But more than 12-years after the murder of her son, Poage says she still has faith in the system and the death penalty.

    "It does not bring your loved one back but it helps to strengthen why we have this system to help us, to help make us a little bit stronger, to give us a little more hope for other people," Poage said.

    Briley Piper is in the process of appealing his death sentence. However, Poage says she's confident that the sentence will ultimately be carried out and plans on being there to witness the execution.

    http://www.keloland.com/newsdetail.c...lty/?id=138589
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  5. #25
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    Attorney says Briley Piper should get jury trial

    An attorney for an Alaska man facing the death penalty in South Dakota says Briley Piper should’ve been able to withdraw his guilty plea because of bad attorney advice not corrected by a judge.

    Attorney Steve Miller told the state Supreme Court Monday that Piper didn’t understand he could have a jury trial and a judge sentencing.

    Assistant Attorney General Paul Swedlund says it’s not incumbent on the court to correct defense strategies.

    Piper admitted his role in the March 2000 killing of 19-year-old Chester Allan Poage near Spearfish. The high court overturned the judge’s death sentence, saying a jury should decide his fate. A jury sentenced Piper to death in August 2011.

    Another man involved in Poage’s killing was executed and a third got life in prison.

    http://www.argusleader.com/viewart/2...get-jury-trial
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  6. #26
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    High Court Upholds Briley Piper Death Penalty

    The South Dakota Supreme Court has upheld an Alaska man's death sentence for the March 2000 killing of another man near Spearfish.

    The high court also rejected Briley Piper's request to withdraw his earlier guilty plea.

    Piper, now 32, admitted his role in the killing of 19-year-old Chester Allan Poage. The state Supreme Court in 2009 overturned a trial judge's decision to sentence Piper to death, saying a jury should decide his fate. A jury then sentenced Piper to death in August 2011.

    The Supreme Court says Piper's death sentence is not excessive or disproportionate to similar cases when considering the nature of his actions.

    Another man involved in Poage's killing was executed and a third got life in prison.

    http://www.kdlt.com/index.php?option...2711&Itemid=57
    An uninformed opponent is a dangerous opponent.

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  7. #27
    Administrator Aaron's Avatar
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    SD Inmate Briley Piper Still Fighting Death Sentence With Habeas Appeal In State Court

    Death row inmate Briley Piper was back in court last week in Deadwood. Piper is challenging his incarceration in the South Dakota State Penitentiary, saying his legal counsel was insufficient and he should have been allowed to withdraw his guilty plea.

    Lawrence County State's Attorney John Fitzgerald says the hearing lasted all day July 21.

    "At the conclusion of the hearing, a transcript of the hearing was ordered, and the judge gave us basically 60 days from last Thursday to produce our briefs to the court," Fitzgerald said. "Then reply briefs are due 15 days after that, so at that point the judge will issue a decision."

    Briley Piper and two c0-defendants murdered Chester Allen Poage on March 13, 2000. Piper pleaded guilty in January 2001 and was sentenced to die. He appealed that death penalty, and in July 2011 he had a sentencing-phase trial in Rapid City. The jury unanimously sentenced him to death.

    The South Dakota Supreme Court has upheld Piper's conviction and sentencing. Piper is still exhausting remedies under state law. If he fails to find relief there, he can start the federal appeals process.

    http://listen.sdpb.org/post/sd-inmat...al-state-court
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  8. #28
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    Briley Piper Again Appeals Death Penalty

    By Victoria Wicks
    SDPB Radio

    Death-row inmate Briley Piper is once again going before the South Dakota Supreme Court. He continues to fight his death sentence and is trying again to withdraw the guilty plea he entered in 2001. Oral arguments are set for Monday, Oct. 1.

    Piper was convicted of taking part in the kidnap, torture, and murder of 19-year-old Chester Poage, who died on March 13, 2000, in Spearfish Canyon.

    http://listen.sdpb.org/post/briley-p...-death-penalty
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  9. #29
    Senior Member CnCP Legend Mike's Avatar
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    SD Supreme Court Hears Death Row Inmate's Case

    By Brady Mallory
    Kelo Land

    SIOUX FALLS, SD - The murder of Chester Allan Poage remains one of the grisliest crimes in South Dakota, and now the man convicted of killing him is fighting his death sentence. The South Dakota Supreme Court is hearing Briley Piper's case.

    Piper and two other men were charged with first-degree murder in 2000 for beating Poage to death. Piper pleaded guilty, and a circuit court judge sentenced him to death, instead of a jury.

    Now his attorney says Piper got bad advice from his previous attorneys.

    Six years ago, Poage's mother said the pain of her son's murder is still with her.

    "You know, my son's life was cut way too short. He was never able to marry and have children, to give me grandchildren. That's something that I can only vision in my mind. What if?" Dottie Poage said in 2012.

    Now South Dakota Supreme Court justices have a different question to answer. Did Piper have bad legal advice when he said no to a jury trial to decide if he should get the death penalty.

    "We know Briley Piper did not adequately understand the consequences of his guilty plea when he walked in in 2001," Ryan Kolbeck, Piper's attorney, said.

    Piper's attorney wants the Supreme Court to remand the case, meaning send it back to court for a new trial.

    "I know that sounds drastic. I know that sounds crazy in 2018 to go back to 2001, but if due process means anything, if the advisement of rights means anything, that must occur," Kolbeck said.

    "The torture inflicted on Chester Allen Poage was unprecedented in this state's history," Paul Swedlund, Assistant Attorney General, said.

    Swedlund is arguing against a new trial, and says there's no evidence Piper was misinformed.

    "He knew what he wanted. He wanted a court sentencing. He raced into the courthouse to be the first of his trio to plead guilty so he could appear to accept responsibility," Swedlund said.

    This is the third time Piper's case has been in front of the Supreme Court. He applied for a writ of habeas corpus in 2006, arguing he was not properly informed of his right to have a jury decide whether to impose the death.

    The Supreme Court agreed and the case went back to circuit court for re-sentencing by a jury.

    The jury upheld his death penalty.

    The Supreme Court reviewed this case again In 2011, and affirmed his death sentence.

    The Supreme Court will decide this case at a later date.

    https://www.keloland.com/news/local-...ase/1490673269

  10. #30
    Senior Member CnCP Legend Mike's Avatar
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    SD Supreme Court Upholds Death Sentence

    By Victoria Wicks
    SDPB

    The South Dakota Supreme Court has unanimously upheld the conviction of the state's last death-row inmate.

    Briley Piper pleaded guilty to murder and other felonies in January 2001. He and two friends killed 19-year-old Chester Poage in a gulch near Spearfish in March 2000.

    Piper admitted his guilt on advice of his attorneys, believing that taking responsibility would lessen his chances of being sentenced to death. That gambit failed.

    Through appeals, Piper was granted a new sentencing hearing. After a week of testimony in July 2011, a Rapid City jury unanimously confirmed that he should die for his crimes.

    In the opinion made public on Thursday, Dec. 12, the state Supreme Court found that Piper had understood the consequences of pleading guilty in 2001 and voluntarily waived his right to a jury trial. An execution date has not yet been set.

    https://listen.sdpb.org/post/sd-supr...death-sentence
    "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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