Inmates on the death row
Louisiana releases execution protocol; inmate’s lawyer calls it ‘inadequate’
Louisiana corrections officials have released the state’s execution protocol after a lawsuit brought by two death row inmates called for more transparency into the procedure. But the inmates’ lawyers say details released by the state are spotty at best, and that the use of a new lethal drug is not fully explained.
Until this month, the state’s execution protocol was inaccessible by the public, including inmates and their attorneys. The protocol, obtained by NOLA.com | The Times-Picayune on Friday, was released after 2 death row inmates filed suit against the state Corrections Department and Louisiana State Penitentiary, or Angola, to make public the documents.
But, Michael Rubenstein, lawyer for inmate Jessie Hoffman, said the nearly 60-page document he received last week is “woefully inadequate.” While it confirms previous court admissions that the state plans to switch to using a single drug in its lethal injections, it leaves out important details, he said.
“The lethal injection protocol released by the Louisiana Department of Corrections this week fails to provide the most basic information about how it intends to carry out executions,” Rubenstein said Friday.
He pointed to gaps in how lethal drugs will be stored, overseen and administered, and who will have ultimate responsibility over the drugs. He also expressed concerns about the state’s decision to switch from a 3-drug cocktail to just 1 drug.
“We still do not know whether any medical authorities were consulted regarding the incorporation of (pentobarbital); the original source or expiration date of the new drug; how the drug is to be administered; or the training of personnel who will implement the new procedure for the 1st time,” Rubenstein said.
Pentobarbital is a drug primarily used to treat seizures and insomnia. In large doses — such as the 5 grams administered during execution — the drug is lethal. Formerly, it was used primarily in euthanizing animals.
When pentobarbital first began being used in cases of capital punishment, in Oklahoma in 2010, inmate advocacy groups expressed concerns with it being largely untested in large doses. Ohio was the 1st state to use it alone in March 2011, triggering an outcry from advocates.
Louisiana has not yet used the single-drug formula. The last inmate to be executed in the state was in 2010, when the 3-drug cocktail was still in use. The state decided to make the switch after supplies of sodium thiopental — the starter drug in the cocktail — began to run out.
While Hoffman’s execution is not yet scheduled, the other plaintiff in the case, Christopher Sepulvado, was scheduled to be executed on Ash Wednesday this year. But after he joined Hoffman’s suit, the court ordered the state to delay his execution until the protocol was released.
It is unclear whether the state will proceed with Sepulvado’s execution now that the protocol has been released. Part of the attorneys’ argument was based on concerns about the use of pentobarbital, its 3-year expiration date, and who would be monitoring its storage — 3 pieces of information not fully elucidated in the execution protocol.
Pam LaBorde, public information officer for the Louisiana Department of Public Safety and Corrections, would not comment on the case Friday, citing “pending death penalty-related issues before the courts.”
In response, Rubenstein said he and his colleagues will “engage in a robust discovery process to uncover the truth” that begins with additional interrogations and documents requests.
Hoffman was sentenced to death for the 1996 kidnapping, rape and killing of Mary “Molly” Elliott, an advertising executive in St. Tammany Parish. Sepulvado was convicted of the beating and fatal scalding of his 6-year-old stepson in Mansfield in 1992.
Source: The New Orleans Times-Picayune, June 29, 2013
Death Row Inmates Writing On Death Row
Oregon Supreme Court upholds governor’s reprieve for death-row inmate who wants to die
June 20, 2013 http://www.startribune.com
Oregon Gov. John Kitzhaber can delay the lethal injection of a death-row inmate who wants to waive his appeals and speed his execution, the state’s highest court ruled Thursday.
The Oregon Supreme Court said Kitzhaber did not overstep his power when he granted a reprieve delaying the death sentence of Gary Haugen, who was convicted of two murders.
Kitzhaber opposes the death penalty and intervened weeks before Haugen was scheduled to be executed in 2011. The governor said he refused to allow an execution under a state death-penalty system he views as broken, vowing to block any execution during his term in office.
Haugen challenged Kitzhaber’s clemency, saying the reprieve was invalid because Haugen refused to accept it. He also argued that it wasn’t actually a reprieve but rather an illegal attempt by the governor to nullify a law he didn’t like.
The governor argued that his clemency power is absolute, and nobody — certainly not an inmate on death row — can prevent him from doing what he believes to be in the state’s best interest.
Kitzhaber has urged a statewide vote on abolishing the death penalty, although the Legislature has shown little interest in putting it on the ballot in 2014. He renewed his request after the ruling Thursday, saying capital punishment “has devolved into an unworkable system that fails to meet the basic standards of justice.”
“I am still convinced that we can find a better solution that holds offenders accountable and keeps society safe, supports the victims of crime and their families and reflects Oregon values,” Kitzhaber said in a statement.
The case involved a sparsely explored area of law — how much power the governor has to reduce, delay or eliminate criminal sentences. The justices had very little precedent to guide their decision, and neither lawyer could point to any other case where an inmate challenged an unconditional reprieve that spared him from the death penalty.
Haugen was sentenced to death along with an accomplice in 2007 for the jailhouse murder of a fellow inmate. At the time, Haugen was serving a life sentence for fatally beating his former girlfriend’s mother in 1981.
Americans and their elected representatives have expressed mixed feelings about the death penalty. Lawmakers abolished capital punishment in New Mexico, New Jersey and Connecticut, but Californians turned down a chance to follow suit at the ballot box last year.
In 2000, then-Gov. George Ryan of Illinois issued a moratorium on the death penalty after numerous condemned inmates were exonerated. The Legislature abolished capital punishment more than a decade later.
Court: Texas inmate’s decades-old sentence invalid
The life sentence given to a Texas man who has remained in prison for 33 years since being pulled off of death row isn’t valid, Texas’ highest criminal court said Wednesday, possibly paving the way for a new trial or the inmate’s release.
The Texas Court of Criminal Appeals said once it overturned Jerry Hartfield’s murder conviction in 1980 for the killing of a bus station worker four years earlier, there was no longer a death sentence for then-Gov. Mark White to commute.
The opinion was given in response to a rare formal request by the 5th U.S. Circuit Court of Appeals to confirm the validity of its ruling overturning Hartfield’s conviction, in light of the governor’s 1983 commutation. The New Orleans-based federal court made the request, which upheld a lower state court’s ruling that the sentence was invalid.
“The status of the judgment of conviction is that (Hartfield) is under no conviction or sentence,” Judge Lawrence Meyers wrote in a decision supported by the court’s other eight judges. “Because there was no longer a death sentence to commute, the governor’s order had no effect.”
Hartfield, now 57, was convicted and sentenced to death for the 1976 robbery and killing of a Southeast Texas bus station employee. The criminal appeals court overturned his murder conviction, ruling that a potential juror improperly was dismissed after expressing reservations about the death penalty.
White commuted Hartfield’s sentence in 1983 at the recommendation of the Texas Board of Pardons and Paroles, and he has remained in prison since then, unaware until a few years ago that his case was in legal limbo. Court documents in his case described him as an illiterate 5th-grade dropout with in IQ of 51, although Hartfield says he’s learned to read and write while in prison.
In its failed appeal to the 5th Circuit, the state argued that Hartfield’s life sentence should stand because he missed a one-year window in which to appeal aspects of his case.
Neither the prosecutor’s office in Bay City nor Hartfield’s attorney, Kenneth R. Hawk II, immediately responded to phone messages Wednesday seeking comment.
During a prison interview last year, Hartfield told The Associated Press that he’s innocent, but that he doesn’t hold a grudge about his predicament, which his lawyer last year described as “one-in-a-million.”
“Being a God-fearing person, he doesn’t allow me to be bitter,” Hartfield said from prison.
Hartfield was 21 in June 1977 when he was convicted of murdering 55-year-old Eunice Lowe, a Bay City bus station ticketing agent who was beaten with a pickaxe and robbed. Her car and nearly $3,000 were stolen. Lowe’s daughter found her body in a storeroom at the station.
At the time, Hartfield, who grew up in Altus, Okla., had been working on the construction of a nuclear power plant near Bay City, about 100 miles southwest of Houston. He was arrested within days in Wichita, Kan., and while being returned to Texas, he made a confession to officers that he called “a bogus statement they had written against me.”
The alleged confession was among the key evidence used to convict Hartfield, along with an unused bus ticket found at the crime scene that had his fingerprints on it and testimony from witnesses who said he had talked about needing $3,000.
Jurors deliberated for 3½ hours before convicting Hartfield of murder and another 20 minutes to decide he should die.
Paula Cooper, Youngest Person Sentenced to Death in Indiana, To Be Released From Prison
P
aula Cooper, who was 15 years old at the time of her crime, and the youngest person ever sentenced to death in Indiana, will be released from prison on June 17, twenty-seven years after her conviction for the murder of 78-year-old Ruth Pelke. Her case received international attention, sparking a campaign that led to the commutation of her death sentence to 60 years in prison. An appeal to the Indiana Supreme Court received over 2 million signatures from around the world. Pope John Paul II asked that Cooper’s sentence be reduced. Bill Pelke, the grandson of Ruth Pelke, forgave and befriended Cooper and wrote a book, Journey of Hope…From Violence to Healing, about his experience with the case.
Pelke also founded Journey of Hope, an organization led by murder victims’ family members that conducts speaking tours on alternatives to the death penalty, with an emphasis on compassion and forgiveness. He has advocated for Cooper’s release and recently reflected, “I knew my grandmother would not want [her] grandfather to have to go through what [my] grandfather had to go through, to see a granddaughter that he loved strapped to the electric chair and have volts of electricity put to her until she was dead.” In a 2004 interview with the Indianapolis Star, Cooper expressed remorse for her crime, saying, “Everybody has a responsibility to do right or wrong, and if you do wrong, you should be punished. Rehabilitation comes from you. If you’re not ready to be rehabilitated, you won’t be.” During her time in prison, Cooper earned a college degree, trained assistance dogs, and tutored other prisoners. In 1988, the U.S. Supreme Court held that states could not mandate the death penalty for those under the age of 16 at the time of their crime, and in 2005, the Court barred the death penalty for all juvenile offenders.
(T. Evans, “Ind. woman sentenced to death at 16 to leave prison,” USA Today, June 16, 2013; M. Edge, “Murder Victim’s Grandson Helps Free Assailant,” KTVA, May 23, 2013). See Juveniles and Victims.
TEXAS – EXECUTION TODAY – PRESTON HUGHES – EXECUTED 7.52 p.m
The condemned prisoner’s mother sobbed and wailed as she witnessed the lethal injection. Hughes’ sister was at her side.
“You know I’m innocent and I love you both,” Hughes, 46, said as his mother cried loudly.
“Please continue to fight for my innocence even though I’m gone.
“Give everybody my love.”
He took several deep breaths and then stopped moving. His mother, seated in a chair near the death chamber window, cried out: “My baby … I haven’t touched my child in 23 years.”
Hughes was pronounced dead at 7:52 p.m. local time, 15 minutes after the lethal drug began flowing into his arms. No one representing his victims witnessed the punishment.
Hughes became the 15th Texas prisoner executed this year and the second in as many nights.
The U.S. Supreme Court has refused to stop tonight’s scheduled execution
November 16, 2012 http://www.austinchronicle.com
At press time, the state was readying to carry out the Nov. 15 execution of Preston Hughes III, set to become the 15th inmate executed this year and the 492nd inmate executed since reinstatement of the death penalty. Hughes was sentenced to death for the 1988 double murder of 15-year-old LaShandra Charles and her 3-year-old cousin, Marcell Taylor, who were found stabbed to death on a weed-choked trail behind a Fuddruckers in far West Houston (see “Framing the Guilty?,” Nov. 2). Although Charles’ carotid artery and jugular were severed, the first HPD detective arriving at the scene later claimed that Charles was awake and able to talk – and to tell him that she knew her attacker, whose name was Preston. Police quickly moved to a nearby apartment complex, where they found Hughes. Police say they found evidence in his apartment that matched the crime, including a pair of fashion glasses that Charles had been known to wear as an accessory.
Hughes’ appeals have been unsuccessful despite a plethora of evidence that suggests either that he is the wrong man, or that he was framed by police despite being guilty: Evidence records reflect that police logged evidence into custody several hours before they had permission to search Hughes’ apartment. Notably, the glasses that police considered a direct link between Charles and Hughes were not on the evidence list; Hughes’ attorney and supporters believe they were planted in the apartment some time in the hours after Charles was discovered. Moreover, when asked by the Chronicle this fall to review the autopsy evidence, Tarrant County Deputy Medical Examiner Lloyd White concluded that it would have been medically impossible for Charles to have been conscious and talking after sustaining such a fatal injury.
Hughes‘ attorney Pat McCann has filed several recent appeals – including one that raises the question of police having planted evidence – each of which has been denied. Meanwhile, California-based blogger John Allen, known online as the Skeptical Juror (www.skepticaljuror.com), has helped Hughes to file a flurry of pro se writs; each of those also has been denied, clearing the way for Hughes’ execution this evening, Thursday, Nov. 15.
Related articles
- TEXAS – A Death Row Struggle Between Advocates and Lawyers – Preston Hughes III (claimyourinnocence.wordpress.com)
- TEXAS – Death row inmate contests the drug – Preston Hughes (claimyourinnocence.wordpress.com)
Justice is debatable in Texas death penalty case – Larry Swearingen
November 12,2012 http://www.dw.de
Larry Swearingen faces imminent execution in Texas for a crime that forensic scientists say he could not have committed. His time is running out.

In his 12 years on death row, Larry Swearingen’s execution date has been set three times. Three times he has known when he will be strapped to a stretcher and put down with drugs: sodium thiobarbital to anesthetize him, pancurium bromide to paralyze his muscles and potassium chloride to stop his heart.
In January 2009, he had written his goodbyes and was on his way to the chamber when the stay of execution came through. “The way I had to look at it was ‘I’m just gonna lay down and go to sleep,'” he said. “I wasn’t gonna grovel. I wasn’t gonna sit there and cry. I can’t be remorseful for a crime I didn’t commit.”
Swearingen lives at the Allan B. Polunsky unit, an hour or so north of Houston, together with around 300 men and women awaiting execution for capital crimes committed in Texas. He is kept in solitary confinement 24 hours a day, in a cell not quite four meters long (13 feet) and a little over two meters wide, with a slit above head height, more a vent than a window.
Swearingen is strikingly calm, his voice rarely rising, even as he complains about the injustice of being locked up for a murder that forensic science shows he cannot have committed. “It’s not easy being here,” he says. “There are men who are hanging themselves, men who are cutting themselves, men sitting in their own feces, men slowly losing their minds. If people think it’s easy they are sadly mistaken.”
supporters of the death penalty argue that the USA’s appeals system is so thorough that no innocent person has ever been executed.
In recent years, that faith has been shaken by a number of high-profile cases. Todd Willingham was executed in Texas for setting the house fire that killed his two young daughters, despite several of the country’s most prominent arson investigators testifying that the blaze almost certainly started by accident. Troy Davis went to the chamber in Georgia for shooting a policeman, despite a lack of DNA evidence and seven out of the nine prosecution witnesses later changing their stories.
Swearingen’s case is different, in that forensic science provides him with an alibi: He cannot have raped and murdered his supposed victim, because he was already in prison when she was killed.
Open-and-shut case?
Melissa Trotter disappeared on December 8, 1998. Swearingen was one of the last people to see her alive, at Montgomery College. Three days later police picked him up on outstanding arrest warrants for minor offences, put him in jail and began to build a case against him.
Trotter’s body was discovered on January 2, 1999, in the Sam Houston National Forest, by hunters looking for a lost gun. At first glance, they thought it was a mannequin, dumped in the woods. She was wearing jeans, but her torso was naked. She had been strangled with one leg of a pair of tights. A search team, with cadaver dogs, had passed within 20 meters of the spot a fortnight earlier and found nothing.
At the autopsy, with the district attorney and two of his sheriffs in the room, Harris County’s chief medical examiner, Dr. Joye Carter, estimated that she had been dead for around 25 days, which meant she had been killed the day she went missing.
When Carter repeated this at the trial, the defense team let it pass unchallenged. Jurors heard that Swearingen had a history of violence towards women, that he had repeatedly lied to police, that hairs forcibly removed from Trotter’s head were recovered from his truck and that the other leg of the pair of tights used to kill her was found in his house.
They were not told that the tights appeared during a fourth police visit to the property, after three prior searches had turned up nothing. The DNA under Trotter’s fingernails, belonging to somebody other than Swearingen, was dismissed as a contaminant – perhaps a drop of blood from a cut in a forensic technician’s hand.
The jury took less than two hours to find Swearingen guilty.
Science vs. the courts
Dr. Stephen Pustilnik, chief medical examiner for nearby Galveston County, says the autopsy results aren’t credible. Although there were signs of decomposition around Trotter’s head, her corpse was in remarkably good condition.
“For many days, where she was found, it was 72 degrees Fahrenheit [22 degrees Celsius],” he said. “If you’re at that temperature for three days, you’re green, bloated and stinky. Her internal organs look beautiful.”
At the morgue, her heart, liver, lungs and spleen were remarkably intact.
Pustilnik said the body could not have been dead for 25 days. Several other forensic scientists called by the defense team have come to the same conclusion. It means that Swearingen could not have killed Trotter, because he was already in jail when she died.
Final hearing
I returned to Montgomery County for Swearingen’s final evidentiary hearing. The case has been going back and forth between Judge Fred Edwards and the Texas Court of Criminal Appeals (TCCA) for years: Each time, Edwards has upheld Swearingen’s conviction and each time the appeals court has granted the defense one more hearing. This was categorically his last.
Swearingen sat with his defense team, feet shackled together, wearing a striped Montgomery County Jail jumpsuit. In the pews on the right, behind the district attorney’s table, Sandy and Charlie Trotter were surrounded by supporters holding pictures of Melissa. They are convinced Swearingen is guilty and need him to be gone, so they can grieve in peace. Sandy handed me a photograph of her daughter, but was too upset to talk.
The benches on the left were empty, apart from a couple of local newspaper reporters and a frail-looking woman taking notes. Pam Martinez, Swearingen’s mother, attended every day of the hearing, even though she had recently had heart surgery for the second time.
“My cardiologist tells me that I need to cut the stress out,” she said. “I would like to cut the stress, but I support my son. He’s my child and I want to protect him.”
‘Innocence doesn’t matter’
This time, too, Judge Edward upheld the conviction. Now the case goes back to the TCCA. If the panel again upholds Swearingen’s conviction, he will have run out of options. His “actual innocence” petition to the Supreme Court has been denied. Any further appeals will be summarily rejected. A new execution date will be set and, barring an unprecedented last-minute pardon, he will be taken to the execution chamber at Huntsville and put down.Swearingen knows his chances are slim. “Under federal law in the United States being innocent does not matter,” he said. “If being innocent makes no difference, this country is no better than Iran or Syria, these third-world countries that kill their own citizens. How can being innocent not matter?”
The TCCA’s ruling is expected in the coming months.
PENNSYLVANIA – Governor signs execution warrant for Clearfield County man. Mark Newton Spotz
November 13,2012 http://triblive.com
Gov. Tom Corbett signed an execution warrant on Tuesday for a Clearfield County man convicted of kidnapping and robbing a woman who was slain during a four-county killing spree in 1995.
Mark Newton Spotz received the death penalty for killing three women — including Penny Gunnet, 41, of York County — in Clearfield, Schuylkill, York and Dauphin counties. His execution is scheduled for Jan. 8.
The slayings began on Jan. 31 when Spotz fatally shot his brother, Dustin, during a fight at the family home.
Gunnet, the third person to die, was on her way home from work on Feb. 2 when she stopped her car at an intersection in York. Spotz, armed with a gun, forced his way into the car and drove around before shooting Gunnet twice at close range. He abandoned her and the car.
After killing another woman that day, Spotz drove around the Carlisle area, picked up friends, bought drugs and went to a motel. There, he bragged about how he killed his brother and “these other women,” a Corbett spokeswoman said.
Gov. Ed Rendell declined a Vatican request in 2003 to commute Spotz’s death sentence because he earned bachelor’s and master’s degrees in Christian counseling while in prison and helped develop programs to guide young people in avoiding violent crime.
‘I never killed anyone’: Death Row inmate scheduled to die Thursday offers medical proof police lied about key evidence
November 13,2012 http://www.dailymail.co.uk
A death row inmate set to die Thursday is pinning his final hopes on convincing people that his victim’s dying words never happened.
When police found La Shandra Charles bleeding from neck wounds in a west Houston filed in 1988, they claimed she whispered the name of her assailant, ‘Preston,’ before dying.
That evidence, along with the police assertion that the girl said her attacker lived nearby, were key bits of evidence in convicting Preston Hughes 11, a New York-born warehouse worker.
But Hughes attorney now says it would be medically impossible for the girl to tell police anything about her attacker and he’s got medical testimony to prove it, the Houston Chronicle reports.
‘It is simply not medically feasible that this young woman, particularly given the fact that one’s heart rate accelerates during stress, and thus blood loss occurs more rapidly, could have spoken to the officers as they claimed,’ wrote Dr. Robert White, Dr. Robert White, who was chief medical examiner in Nueces County before joining the Fort Worth forensics department.
Defense attorney Pat McCann said it would take roughly 13 minutes for police to reach Charles after she was injured, a time frame that does not allow her to be conscious by the time authorities found her with the wounds she sustained.
Assistant District Attorney Lynn Hardaway has brushed aside McCann’s argument: ‘That’s obviously this guy’s opinion.’
Hardaway further noted that in the original police report an unnamed medical technician is supposed to have heard the dying girl’s accusation.
But the technician never testified.
A state pardons board is to review Hughe’s request to have his sentence commuted Tuesday.
Hughes, 46, was convicted of the murders of both Charles and her cousin, Marcel Taylor, 3, who was also stabbed.
At the time of his arrest, Hughes was on probation for sexually assaulting a 13-year-old girl, though he maintained innocence in that crime as well.
After his in the 1988 case, he offered two confessions to police but they contained contradictory statements.
In an interview at the time, he said the police didn’t type what he said.
He claimed that on the night of the murder he met with friends for drinks.
When he returned home he took his dog for a walk, crossing the field where the children were murdered.
He then went back to his apartment where he stayed until police knocked on his door.
‘I didn’t hear or see anything,’ he said. ‘I never killed anyone.
Related articles
- TEXAS – A Death Row Struggle Between Advocates and Lawyers – Preston Hughes III (claimyourinnocence.wordpress.com)
