AZ Man removed from AZ DR

[mammastalkin]

Man removed from Ariz. death row; brother stays

by Michael Kiefer - May. 21, 2009 12:00 AM
The Arizona Republic
A Maricopa County Superior Court judge removed a German national from Arizona's death row this week, ruling that he is mentally retarded. But in the same ruling, Judge Silvia Arellano declared his brother to be mentally competent.
Rudi Apelt, 49, was sentenced to death in 1990 for helping his brother Michael, 46, murder Cynthia Monkman, a woman Michael had married and insured for $400,000.
Both brothers had petitioned the court for relief under a 2002 U.S. Supreme Court ruling forbidding executions of mentally retarded persons. Arellano on Monday determined that Michael was mentally competent, and his death sentence stands.
She ordered that Rudi's case be remanded to the Superior Court for resentencing. He now faces a life sentence with a possibility of parole after 25 years. He already is serving 25 years to life for conspiracy to commit first-degree murder.
Kathy Monkman, the victim's sister, criticized the ruling.
"I don't think he's mentally retarded, but I'm not surprised at the decision," she said. "And at this stage of the game, nobody cares anymore about the victim. There is never any closure, it's just how open is the wound."
Arellano noted that Michael spoke English well enough to buy cars, lease property and take out an insurance policy in a foreign country. But Rudi attended special schools as a child, was booted out of the German army and relied heavily on his brother.

http://www.azcentral.com/news/articl...apelt0521.html

[gods mercy]

wow

[Eclaboussure]

I find it interesting what the victims sister said...

"And at this stage of the game, nobody cares anymore about the victim. There is never any closure, it's just how open is the wound."

This to me give yet another good reason for abolishing the DP. I cannot imagine how hard it must be for victims families to be still going through this after almost 20 years.

So many people suffer on all sides...

[mammastalkin]

Originally Posted by Eclaboussure

I find it interesting what the victims sister said...

"And at this stage of the game, nobody cares anymore about the victim. There is never any closure, it's just how open is the wound."

This to me give yet another good reason for abolishing the DP. I cannot imagine how hard it must be for victims families to be still going through this after almost 20 years.

So many people suffer on all sides...

I couldn't agree more. Had these men been given LWOP, this woman would not be experiencing this pain now. Closure based on the taking of another life is a lie.

[gypsysmagician]

Unfortunately it seems that the victim's families are led to believe that they only can find closure when the person who killed their loved one(s) is also dead. Otherwise why would so many want this to happen?
In Europe there are murders taking place too. Most victim's families only want that the person gets a sentence that they feel is adequate. We don't have so many prisons because we believe in rehabiliting people rather than letting them rot in prisons for so many years or even taking their life. It does not help anyone. It would be far better if the victim's families would get some counselling if needed and try to find the kind of closure they need at the time they need. And not that this is dictated upon them by the state, which means they would have to wait until all legal opportunities of the accused are exhausted and that person is finally put to death. I never understand why anyone would feel a kind of satisfaction if another person is killed - no matter what this person has done.
Sometimes the ones accused are even innocent. And if they die for a crime they did not commit, how can this victim's families ever live with that?
This whole way of doing things never makes anyone happy on both sides. All life is precious and it cannot be discarded just because some of society feel they can discard of anything they don't have any use for any more, just like garbage.

[JJS811]

Calls for the DP to be re-instated are growing in the UK, however it will never happen, simply due to the fact that Brussels has said under the human rights act that is so.

I wonder about this 'closure' argument. If a family member attended an execution and saw the person die, then later it transpired they were innocent, what would that do to the family? I agree with you, that all family members should have an automatic right to counselling after suffering the loss of a family member. Watching another person being murdered can't be helpful or healing. I never can nor ever will see how watching someone die brings closure. My own view is it is an oxymoron, simply because you watch the man die, then watch the grief of his family - nope sorry, doesn't equate.

The family needs to be given much support, and whatever is needed should be provided. They are innocent victims and need to be helped to heal. I just simply can't see how witnessing an execution does that? I also believe the family of executed inmates also need and deserve the same support services, as they too are innocent victims, and are grieving, just as much as anyone else.

Originally Posted by gypsysmagician

Unfortunately it seems that the victim's families are led to believe that they only can find closure when the person who killed their loved one(s) is also dead. Otherwise why would so many want this to happen?
In Europe there are murders taking place too. Most victim's families only want that the person gets a sentence that they feel is adequate. We don't have so many prisons because we believe in rehabiliting people rather than letting them rot in prisons for so many years or even taking their life. It does not help anyone. It would be far better if the victim's families would get some counselling if needed and try to find the kind of closure they need at the time they need. And not that this is dictated upon them by the state, which means they would have to wait until all legal opportunities of the accused are exhausted and that person is finally put to death. I never understand why anyone would feel a kind of satisfaction if another person is killed - no matter what this person has done.
Sometimes the ones accused are even innocent. And if they die for a crime they did not commit, how can this victim's families ever live with that?
This whole way of doing things never makes anyone happy on both sides. All life is precious and it cannot be discarded just because some of society feel they can discard of anything they don't have any use for any more, just like garbage.

[lisainengland]

I agree, watching somebody die may make the victims family feel that they have closure but surely knowing that that person will be locked away and punished could also bring closure. I feel sorry for any victims loved ones but execution is not the answer.