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Tag: execution

  • Arizona inmate withdraws execution request, citing recent executions he says amounted

    Arizona inmate withdraws execution request, citing recent executions he says amounted

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    Phoenix — An Arizona death row inmate has withdrawn his request to be executed.

    In a handwritten motion dated Wednesday and addressed to the Arizona Supreme Court, Aaron Gunches cited three recent executions he said were “carried out in a manner that amounts to torture,” noting that Arizona Department of Corrections execution team members struggled to insert IV lines during the lethal injection process.

    “For the Arizona Supreme Court to issue an execution warrant under the current conditions amounts to court ordered cruel and unusual punishment, which simply cannot be allowed,” Gunches wrote.

    Gunches also said he wouldn’t have asked to be executed if he’d known newly elected Arizona Attorney General Kris Mayes was possibly going to delay executing inmates.

    Mayes has said the state needs to take some time to ensure the death penalty is handled “legally and correctly.”

    “AG Mayes is acting in a responsible manner with an ethical and moral obligation, not only to the AG’s office but to the laws of Arizona,” Gunches said in his motion.

    Gunches, 51, was originally sentenced to death in 2008 after being convicted of fatally shooting his girlfriend’s ex-husband six years earlier.

    He filed a motion in November asking the state Supreme Court to issue a death warrant for him, saying he wanted justice to “be lawfully served and give closure to the victim’s family.”

    Last month, the Arizona Attorney General’s Office requested that the state’s high court issue a warrant of execution for Gunches, who’s one of 21 death row inmates who’ve exhausted their appeals.

    The state has 110 inmates on death row and conducted three executions last year. 


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  • Alabama won’t try lethal injection again on “execution survivor” Alan Eugene Miller, but it may try new method

    Alabama won’t try lethal injection again on “execution survivor” Alan Eugene Miller, but it may try new method

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    Death Penalty Alabama
    Officials escort murder suspect Alan Eugene Miller away from the Pelham City Jail in Alabama, in an August 5, 1999 file photo. Miller was sentenced to death after being convicted of a 1999 workplace rampage.

    Dave Martin/AP


    Montgomery, Alabama — Alabama won’t seek another lethal injection date for an inmate whose September execution had been halted because of problems establishing an intravenous line, according to the terms of a settlement agreement approved on Monday. The state agreed to never use lethal injection again as an execution method to put Alan Eugene Miller to death.

    Any future effort to execute Miller will be done by nitrogen hypoxia, an execution method authorized in Alabama, but one that has never been used to carry out a death sentence in the U.S. There is currently no protocol in place for using nitrogen hypoxia.
     
    On Tuesday, U.S. District Judge R. Austin Huffaker Jr. approved the settlement agreement in a lawsuit brought by Miller seeking to prevent another lethal injection attempt. Miller had argued that the state lost paperwork stating he picked nitrogen hypoxia as his execution method and then subjected him to torture during the failed execution attempt. At the time, Miller’s attorneys called him the “only living execution survivor in the United States.”

    alan-miller.jpg
    An undated photograph provided by the Alabama Department of Corrections shows inmate Alan Eugene Miller.

    Alabama Department of Corrections via AP


    Miller was scheduled to be executed by lethal injection on Sept. 22, but the state called off the execution after being unable to connect an IV line to the 351-pound inmate. Miller said that when prison staff tried to find a vein, they poked him with needles for over an hour and at one point left him hanging vertically as he lay strapped to a gurney.
     
    Alabama has acknowledged problems with IV access during at least four executions since 2018. Three of those had to be halted.
     
    Earlier this month the execution of Kenneth Eugene Smith was halted after the execution team tried for an hour to connect an IV line. 

    Last week, attorneys for Smith filed a lawsuit against the prison system, saying that the state violated the U.S. Constitution, various court orders and its own lethal injection protocol during the botched execution attempt earlier this month. Smith’s attorneys are asking a federal judge to forbid the state from making a second attempt to execute him, saying Smith was already “subjected to ever-escalating levels of pain and torture” on the night of the failed execution.

    Kenneth Eugene Smith
    Kenneth Eugene Smith

    Alabama Department of Corrections


    Alabama also called off the 2018 execution of Doyle Lee Hamm for the same reasons. He reached an agreement with the state that prevented further execution attempts, although he remained on death row. He later died of natural causes.

    Prison officials blamed time constraints, specifically the midnight deadline, for the three halted executions.
     
    The state’s July execution of Joe Nathan James was carried out, but only after a three-hour delay caused at least partly by the same problem with accessing an IV line.

    Alabama executes inmate convicted in girlfriend's 1994 murder
    An undated photo of Joe Nathan James Jr., who was convicted of murder in the 1994 shooting death of his ex-girlfriend.

    Alabama Department of Corrections


    Last week Alabama Gov. Kay Ivey announced a pause on executions in order to review the procedures. The Republican governor cited concern for victims’ families.

    Miller was sentenced to death after being convicted of a 1999 workplace rampage in which he killed Terry Jarvis, Lee Holdbrooks and Scott Yancy.
     
    The settlement agreement likely prevents another execution attempt in the near future as Alabama has not announced procedures for using nitrogen hypoxia, and there will be litigation over the humaneness of the method before a state tries to use it.

    Seventeen men have been executed in the U.S. this year, according to data compiled by the Death Penalty Information Center. The center says Alabama has carried out 70 executions since 1976, and there are currently 170 inmates on death row in the state.

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  • Execution of Alabama inmate stayed by appellate court; state has appealed

    Execution of Alabama inmate stayed by appellate court; state has appealed

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    An appellate court on Thursday night ordered a halt to the scheduled execution of an Alabama inmate convicted in the 1988 murder-for-hire slaying of a preacher’s wife, but the state is appealing to the U.S. Supreme Court to proceed with the lethal injection.

    The 11th U.S Circuit Court of Appeals issued a stay blocking the execution of Kenneth Eugene Smith, 57, after he raised concerns about problems with venous access at the state’s last two scheduled lethal injections. The state quickly appealed the order.

    Prosecutors said Smith was one of two men who were each paid $1,000 to kill Elizabeth Sennett on behalf of her husband, who was deeply in debt and wanted to collect on insurance.

    Sennett was found dead on March 18, 1988, in the couple’s home on Coon Dog Cemetery Road in Alabama’s Colbert County. The coroner testified that the 45-year-old woman had been stabbed eight times in the chest and once on each side of the neck. Her husband, Charles Sennett Sr., who was the pastor of the Westside Church of Christ, killed himself one week after his wife’s death when the murder investigation started to focus on him as a suspect, according to court documents.

    Kenneth Eugene Smith

    Alabama Department of Corrections


    Alabama will proceed with the execution if the Supreme Court lifts the stay before a midnight deadline to get the execution underway.

    Smith’s final appeals focused on the state’s difficulties with intravenous lines at the last two scheduled lethal injections. One execution was carried out after a delay, and the other was called off as the state faced a midnight deadline to get the execution underway. Smith’s attorneys also raised the issue that judges are no longer allowed to sentence an inmate to death if a jury recommends a life sentence.

    John Forrest Parker, the other man convicted in the slaying, was executed in 2010. “I’m sorry. I don’t ever expect you to forgive me. I really am sorry,” Parker said to the victim’s sons before he was put to death.

    According to appellate court documents, Smith told police in a statement that it was, “agreed for John and I to do the murder” and that he took items from the house to make it look like a burglary. Smith’s defense at trial said he participated in the attack but that he did not intend to kill her, according to court documents.

    In the hours before the execution was scheduled to be carried out, the prison system said Smith visited with his attorney and family members, including his wife. He ate cheese curls and drank water, but declined the prison breakfast when it was offered to him.

    The 11th Circuit issued the stay as Smith’s attorneys pointed to problems establishing venous access during the last two executions in Alabama. U.S. District Judge R. Austin Huffaker Jr. on Thursday denied Smith’s request for a stay, but Smith’s attorneys appealed the decision to the 11th Circuit.

    The execution of Joe Nathan James Jr. was delayed because of problems establishing an IV line, leading an anti-death penalty group to claim the execution was botched. In September, the state called off the scheduled execution of Alan Miller because of difficulty accessing his veins. Miller said in a court filing that prison staff poked him with needles for over an hour and at one point, they left him hanging vertically on a gurney before announcing they were stopping for the night. Prison officials have maintained the delays were because the state was carefully following its procedures.

    The state argued to let the execution proceed, saying Smith is in a different situation than Miller, who is obese.

    The U.S. Supreme Court on Wednesday denied Smith’s request to review the constitutionality of his death sentence.

    Smith was initially convicted in 1989, and a jury voted 10-2 to recommend a death sentence, which a judge imposed. His conviction was overturned on appeal in 1992. He was retried and convicted again in 1996. This time, the jury recommended a life sentence by a vote of 11-1, but a judge overrode the jury’s recommendation and sentenced Smith to death.

    In 2017, Alabama became the last state to abolish the practice of letting judges override a jury’s sentencing recommendation in death penalty cases, but the change was not retroactive and therefore did not affect death row prisoners like Smith.

    The Equal Justice Initiative, an Alabama-based nonprofit that advocates for inmates, said that Smith stands to become the first state prisoner sentenced by judicial override to be executed since the practice was abolished.

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  • Texas man executed for strangling his mother and burying her body in her backyard

    Texas man executed for strangling his mother and burying her body in her backyard

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    A man who killed his mother and buried her body in her backyard was executed Wednesday in Texas despite his lawyers’ appeals that he should not be put to death because he had a history of mental illness.

    Tracy Beatty, 61, received a lethal injection at the state penitentiary in Huntsville. He was pronounced dead at 6:39 p.m. CST after a fatal dose of pentobarbital began flowing through needles inserted into veins in his wrists. He was condemned for strangling his mother, Carolyn Click, after they argued in her East Texas home in November 2003.

    Immediately before the procedure started, a prison chaplain placed his right hand on Beatty’s chest and said a brief prayer. Then asked by the warden if he had a final statement, Beatty, who was strapped to the death chamber gurney, choked up and sobbed as he began speaking to his wife who was looking through a window a few feet from him.

    “I just want to thank …” he said, his voice breaking. “I don’t want to leave you, baby. See you when you get there. I love you.” He mouthed a kiss to her.

    Beatty, who had a long white beard and long gray-white hair, also offered thanks to fellow death row inmates and named several of them. “I love you, brothers. See you on the other side.”

    As the powerful sedative took effect, Beatty took two deep breaths, mumbled something unintelligible, and began snoring. Seventeen minutes later a physician pronounced him dead.

    Authorities said Beatty had buried his 62-year-old mother’s body beside her mobile home in Whitehouse, about 115 miles (180 km) southeast of Dallas, and then spent her money on drugs and alcohol.

    The U.S. Supreme Court on Wednesday morning declined an appeal from Beatty’s lawyers to halt the execution.

    Beatty had three prior execution dates.

    His attorneys had argued that Beatty was prevented from receiving a full examination to determine whether he is intellectually disabled and possibly ineligible to be put to death. They had requested prison officials allow Beatty to be uncuffed during mental health evaluations by experts. The experts argued that having Beatty uncuffed during neurological and other tests was crucial to evaluating his mental health and making an informed decision about intellectual disability.

    In their Supreme Court petition, Beatty’s lawyers said one expert who examined the inmate determined that he was “clearly psychotic and has a complex paranoid delusional belief system” and that he lives in a “complex delusional world” where he believes there is a “vast conspiracy of correctional officers who … ‘torture’ him via a device in his ear so he can hear their menacing voices.”

    Citing security and liability concerns, the Texas Department of Criminal Justice put in place an informal policy last year that would require a court order to allow an inmate to be unshackled during an expert evaluation.

    Federal judges in East Texas and Houston and the 5th U.S. Circuit Court of Appeals in New Orleans previously ruled against Beatty’s request for an evaluation without handcuffs. The federal appeals court called Beatty’s request a “delay tactic.”

    Last week, U.S. District Judge Charles Eskridge in Houston questioned why Beatty’s lawyers had not raised any claim relating to his mental health during years of appeals. The judge said requiring handcuffs during such an evaluation is “quite simply, a rational security concern.”

    While the U.S. Supreme Court has prohibited the death penalty for individuals who are intellectually disabled, it has not barred such punishment for those with serious mental illness, according to the Death Penalty Information Center, a Washington, D.C.-based nonprofit that provides analysis and information on capital punishment.

    In 2019, the Texas Legislature considered but did not pass a bill that would have prohibited the death penalty for someone with severe mental illness.

    Beatty had a “volatile and combative relationship” with his mother, according to prosecutors. One neighbor, Lieanna Wilkerson, testified that Click told her Beatty had assaulted her several times before, including once when he had “beaten her so severely that he had left her for dead.” But Wilkerson said Click had still been excited to have Beatty move back in with her in October 2003 so they could mend their relationship.

    Mother and son argued daily, however, and Click asked her son twice to move out, including just before she was killed, according to testimony from Beatty’s 2004 trial.

    “Several times (Beatty) had said he just wanted to shut her up, that he just wanted to choke her and shut her up,” Wilkerson testified.

    Beatty was the fourth inmate put to death this year in Texas and the 13th in the United States. The state’s final execution this year is scheduled to take place next week.

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  • Supreme Court Denies Oklahoma Death Row Inmate’s Appeal

    Supreme Court Denies Oklahoma Death Row Inmate’s Appeal

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    OKLAHOMA CITY (AP) — The U.S. Supreme Court on Wednesday denied a last-minute appeal filed by Oklahoma death row inmate Benjamin Cole, paving the way for him to receive a lethal injection on Thursday.

    Cole, 57, was convicted and sentenced to death for killing his 9-month-old daughter Brianna Cole by forcibly bending the infant backward, breaking her spine. Prosecutors allege Cole was angry at the child for crying while he was playing a video game.

    Cole’s attorneys have not disputed that he killed the infant, but they say he is severely mentally ill and that has brain damage that worsened while he has been in prison.

    A state panel rejected Cole’s bid for clemency earlier this month, and a district court judge in Oklahoma determined that he was competent enough to be executed.

    Cole’s execution would be the sixth since Oklahoma resumed carrying out the death penalty in October 2021.

    This story has been corrected to indicate the victim’s last name is Cole, not Taylor.

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