BREAKING:
Jurors have reached a decision in the second phase of sentencing for convicted mass murderer James Holmes.
Under Colorado law, the jury can move death penalty proceedings forward to a third phase, or sentence the Aurora theater shooter to life in prison without parole.
The verdict will be read at 12:30 p.m. MT (2:30 p.m. ET).
Norwegian mass killer Anders Behring Breivik has won a place to study political science at Oslo’s university.
The 36 year old admitted killing 77 people when he bombed central Oslo and then went on a shooting spree at a youth camp on a nearby island in 2011.
Breivik has been studying certain course modules since first applying to the University of Oslo in 2013, but he will now be taught as a full student.
He will have no contact with staff or students as he studies from his cell.
In 2012, he was sentenced to the maximum 21 years in prison for carrying out Norway’s worst massacre since World War Two.
This jail term can be extended if he is deemed to remain a danger to society.
The university’s rector, Ole Petter Ottersen, said that Norwegian inmates “have a right to pursue higher education in Norway if they meet the admission requirements and are successful in competition with other applicants.”
The rector added that the university had students whose family members had been killed by Breivik. However, he said that the university would abide by its rules “for our own sake, not for his.”
As he studies from his prison, Breivik will be subject to strict regulations. He will be allowed no access to internet resources or receive any personal guidance from tutors. All communication with the university will take place via “a contact person in prison”.
Breivik first applied to study in 2013 but did not meet entry requirements as he had never completed secondary school. Instead, he was allowed to study certain political science modules.
When it comes to capital punishment, we already know the fiscal cost: studies have found that a death sentence is up to ten times more expensive than life without parole, often at a cost of around $300 million per head.
But what about the moral cost?
The death penalty is often justified on the grounds that it brings peace to the families of victims; that the act of ending a life may mark an end to their pain. But for those who impose the death penalty, the truth about the emotional trauma of killing another human being belies this logic.
“You can’t tell me I can take the life of people and go home and be normal. If I had known what I’d have to go through as an executioner, I wouldn’t have done it. It took a lot out of me to do it.”
These are the words of Jerry Givens, former state executioner for the Virginia Department of Corrections. Givens executed 62 people over 17 years in a state that ranks third in the nation for number of executions. The emotional toll of his former job is something he can’t escape. “You have to transform yourself into that person that will take a life. Every time an execution was announced, it meant that I had to prepare myself mentally to kill.”
Confessions of an Executioner
It’s rare to find a former executioner willing to speak openly about their experiences. The nature of the job causes many to conceal their real occupation like a shameful secret. But Givens is one of the few executioners who speaks candidly about his past career, and he provides a unique insight into a world that few people ever venture into.
It’s clear from speaking to Givens that he is a compassionate man. He talks often of being able to look past the crime to see the human being underneath. “We degrade people and call them animals,” he told ThinkProgress. “But when I worked on death row, I didn’t see that animal. I saw a human being. When you call people an animal and treat them like that, that’s the behavior they’ll show you. But they can also show you that they’re not like that; that everybody can change.”
An executioner seems a curious job for a person to whom empathy comes easily. How did this compassionate man become an enforcer of the death penalty? What did it take for him to kill another human being? For Givens, it was a steadfast faith in the justice system. This faith meant that doubts were suppressed and fears were tolerated. Any gnawing unease was overpowered by the notion that it must be the right thing to do – it was state-certified, after all.
“I always ask myself, would I have agreed to participate in executions if I knew then what I do now?” Steve J. Martin, an execution witness for the Texas Department of Corrections, told ThinkProgress. “We do these things that we would normally never be involved in because they’re sanctioned by the government. And then we start walking through them in a mechanical fashion. We become detached. We lose our humanity.”
Givens agrees. “The people who pass these bills, they don’t have to do it. The people who do the executions, they’re the ones who suffer through it,” he said.
Flashbacks, nightmares and other post-traumatic stress related symptoms are frequently seen in prison wardens, executioners, and corrections officers, according to the National Coalition to Abolish the Death Penalty. Research has shown that 31% of prison staff who carry out executions will suffer from PTSD. This is an unusually high proportion; for Iraq war veterans, the same statistic is 20%.
Deliberately killing another human being goes against all normal societal standards, and many individuals must go to unusual and harmful measures to accomplish such an act. A 2005 Stanford University psychology study by Michael Osofsky highlighted the tactics employed by prison staff to absolve themselves from feelings of guilt and despondency.
“Individuals must morally disengage in order to perform actions and behaviors that run opposite to individual values and personal moral standards,” Osofsky explained in the study. “Capital punishment is an example of this type of moral dilemma, where everyday people are forced to perform the legal and state-sanctioned action of ending the life of another human being, which poses an inherent moral conflict to human values.”
For many people involved in enforcing the death penalty, the subsequent trauma would never dissipate. California Governor Edmund Brown was responsible for deciding whether death sentences would ensue or be commuted to life without parole. Though he granted clemency to 23 out of his 59 cases, the weight of these decisions still overwhelms him.
“The longer I live, the larger loom those 59 decisions about justice and mercy that I had to make as governor,” Brown said. “It was an ultimate power over the lives of others that no person or government should have. And looking back over their names and files now, I realize that each decision took something out of me that nothing – not family or work or hope for the future – has ever been able to replace.”
Needless to say, the enforcers of the death penalty aren’t the only ones to suffer. Fully accepting the imminent end to your life, against your will and at the hands of another is a bizarre reality that many prisoners just couldn’t face, as Givens recounts.
“This one guy…was sort of moderately retarded. He’d ordered McDonald’s and a chocolate nut sundae for his last meal. But he couldn’t swallow it. So he said to me, ‘I can’t finish it so I’ll put it in the fridge for tomorrow.’ Here he is, three hours away for being executed and he’s thinking about putting his sundae away for tomorrow. But there was no tomorrow for him. He hadn’t realized this was his last day.”
Givens’ experiences in the death chamber have led him to campaign for the abolition of capital punishment, even driving him to write a book, Confessions of an Executioner. His motivation is deep-seated. “There are things I want the public to know that they don’t. I need to expose things that should be exposed. I don’t want to leave anyone in the dark, because America is still putting innocent people on death row. And people don’t know about it. People don’t understand.”
A Lethal Dose
The botched execution of Clayton Lockett in Oklahoma last year is one example of the realities of the death penalty, which Givens believes all people should know about. “He strained and struggled violently, his body twisting, his head reaching up from the gurney,” journalist Katie Fretland wrote. “Sixteen minutes after the execution began, Lockett said “Man,” and the blinds were lowered… It would be a full 43 minutes after the drug was administered before Lockett died – and only after he had thrashed on the gurney, writhing and groaning.”
Lockett was killed using a new combination of experimental drugs and the consequences were nightmarish. The doctor was sprayed with blood when an artery was hit; Lockett was in “some pain” as he was pricked at least 16 times in the attempts to find a vein; the scene was described by prison wardens as “a bloody mess” and the prisoner’s multiple attempts to talk like something from “a horror movie.”
The emotional repercussions of this blood-splattered scene were harrowing. Witnesses to the execution spoke of their distress and recounted not being able to sleep for days after. It is the quiet nature of lethal injections that is their selling point, after all –- state-sanctioned homicides veiled with a clinical serenity. As Givens knows all too well, no one wants to see actual blood spilled, or face the unwelcome reminder that, murderer or not, there is a human being dying in front of them.
After Europe blocked sales of the lethal drug sodium thiopental to the United States, the Department of Corrections were forced to look elsewhere for such a powerful anaesthetic. But global pharmaceutical companies didn’t like the idea of their drugs being used to kill people, and so drugs were sourced, purchased, but then again quickly blocked. Soon, the departments of corrections hit a wall. There were simply no anaesthetics strong enough.
But there were other drugs. Not anaesthetics, but sedatives like midazolam, usually administered in conjunction with an anaesthetic to relax a patient. Despite the warnings that midazolam is simply not powerful enough to produce the same coma-like state as sodium thiopental – a state absolutely necessary to ensure the subject feels no pain and the execution is ‘humane’ – midazolam became the drug of choice and the fatal experimentations began.
This unyielding desire to purchase and use barely-tested lethal drugs on prisoners doesn’t surprise Givens. “The criminal justice system is corrupted and we don’t want to own up to it. They think they can get any drugs they want. Where they got so much power from, I don’t know. The drugs should be disclosed to the lawyer and to the condemned – he should know what he’s going to die from.”
As many expected, the first midazolam executions were riddled with red flags. Pastor Laurence Hummer’s account of the execution of Dennis McGuire is just one of them: “His stomach swelled up in an unusual way. He struggled and gasped audibly for air. I was aghast. Over 11 minutes or more he was gasping for breath, his fists clenched the entire time. His gasps could be heard through the glass wall that separated us. There is no question in my mind that Dennis McGuire suffered greatly over many minutes. I consider that inhumane.”
Despite these reports, midazolam was recommended for use by the Oklahoma Department of Corrections, and correctional facilities across the country jumped aboard. Last week, despite significant condemnation the
<href=”#ixzz3edvb5k66″>Supreme Court rejected the idea that midazolam is a cruel and unusual punishment and sanctioned its use, clearing the way for deferred executions to ensue.
“The drugs they’re using, who approved it? What doctor approved it?” asks Givens. “You can’t judge pain. You can’t measure the pain that a person is going through, physical or psychological. The guy receiving the drug can’t tell you, because he’s gone. You’ve never died before, so you can’t say. Even myself, I don’t know. I can’t tell you what a guy on the other end is feeling when I’m pushing drugs into his body.”
The Baseline of Morality
The botched executions didn’t end in Oklahoma. Sentenced to death in Arizona for a 1989 double murder, in July 2014 Joseph Wood took two hours to die. Journalist Mauricio Marin had never witnessed an execution before; prison staff had told him the process “lasts about 10 minutes” and would be “very clinical”. Instead:
“I saw a man who was supposed to be dead, coughing – or choking, possibly even gasping for air. What seemed like an eternity passed… Finally, the warden pronounced the killer dead, at 3:49 pm, one hour and 57 minutes after the execution began. I thought: Is this how long it’s supposed to take a man to die?”
Republican Senator John McCain was outspoken in terming Wood’s protracted execution as“torture”, but the governor of Arizona Jan Brewer disagreed. “Wood died in a lawful manner and by eyewitness and medical accounts he did not suffer,” she said. “This is in stark comparison to the gruesome, vicious suffering that he inflicted on his two victims.”
The argument that a convict’s crime was so heinous that it negates any qualms about their execution is popular with death penalty supporters. The incongruity of using the actions of a convicted killer to determine the baseline for what’s morally acceptable is not lost on Givens, who views this as a dire expression of our most base and ugly thirst for revenge.
“It is revenge – you can’t put it any other way,” he said. “We want revenge and we want it right away. Death is going to occur anyway, but we’re so impatient we have to execute someone. That’s the mentality people have. America was built on killing and there’s hatred in our hearts. But it shouldn’t be that way.”
While most supporters of the death penalty refute the idea that it’s about revenge, District Attorney Dale Cox -– responsible for one third of the death sentences in Louisiana since 2011 -– readily agrees. “I’m a believer that the death penalty serves society’s interest in revenge. I know it’s a hard word to say and people run from it, but I don’t run from it because I think there is a very strong societal interest,” Cox recently told a local reporter. “I think we need to kill more people.”
A death sentence is also no quick way to closure, as Bill and Denise Richard, parents of the 8-year-old boy killed in the Boston Marathon bombings took pains to point out. Publishing a personal appeal in the Boston Globe titled ‘To end the anguish, drop the death penalty,’ the Richards implored prosecutors to sentence Dzhokhar Tsaernev to life without parole instead of death.
“The continued pursuit of that punishment could bring years of appeals and prolong reliving the most painful day of our lives,” they wrote. “We hope our two remaining children do not have to grow up with the lingering, painful reminder of what the defendant took from them, which years of appeals would undoubtedly bring.”
The Richards are not alone. Marietta Jaeger, whose seven-year-old daughter was kidnapped and murdered by a mentally ill man, requested that prosecutors seek a mandatory life sentence instead of the death penalty. Jaeger has been vocal in her opposition to capital punishment,asserting that in reality, the death penalty only creates more grieving families and turns the victims into that which they deplore – people who kill people:
“To say that the death of another person would be just retribution is to insult the immeasurable worth of our loved ones. That kind of justice would only dehumanize and degrade us because it legitimates an animal instinct for gut-level, blood-thirsty revenge. My daughter was such a gift that to kill someone in her name would have been to violate the goodness of her life; the idea is offensive and repulsive to me.”
Where To Go From Here
Studies have shown time and again that the death penalty is no deterrent for criminals and in fact, states with the death penalty have much higher murder rates than states without. Capital punishment is used unduly against non-whites (a disproportionate 55% of death row inmates are people of color) and the awareness of judicial incompetence and racial bias is felt keenly by Jerry Givens.
Givens recalled the case of Earl Washington Jr., a 22-year-old black man wrongfully convicted of rape and murder, as one example that made him lose faith in the justice system. Washington’s execution was stayed nine days before Givens was scheduled to kill him. Years later, new DNA evidence led Virginia’s governor to pardon Washington, who was released in 2001.
“I knew the system was corrupted when we exonerated Earl Washington Jr. from death row. Days later, I would have executed him,” Givens said. “You have two types of people on death row: the guilty and the innocent. And when you have the guilty and the innocent, you shouldn’t have death row.”
But even if the law has not yet caught up, attitudes are starting to change on the death penalty. Support for the death penalty is at historic lows, and abolitionists remain optimistic even after the most recent Supreme Court ruling.
“We have to look at the big picture,” Givens explained. “Everyone on Earth has a death day: you, me, everyone. We can’t stop death, but we can stop killing…We have to think about the generation that’s coming up. We can’t let them go through what we had to go through. We tried it; we tried it, and it didn’t work. Now let’s get them going in a different direction from us.”
China. Iran. Saudi Arabia. Iraq. The United States of America.
What you just read is, according to Amnesty International, a list of the countries that executed the largest numbers of prisoners in 2014.
While the U.S. Supreme Court was making huge news last month with its decisions on Obamacare and same-sex marriage, it also issued a ruling on another hot-button issue: capital punishment. The question before the court was a narrow one, whether Oklahoma’s lethal injection procedure constituted cruel and unusual punishment. By a 5-4 vote, the court said no.
But the opinions released June 28 reflected a bitter controversy within the court about capital punishment that coincides with polling indicating a decline in support for it among Americans.
The arguments for and against capital punishment (the mistakes, the question of deterrence, unequal application, etc.) are well established.
But the Amnesty report released earlier this year helps put that controversy into a global context. Simply put, the United States is part of a relatively small minority of countries – 22 in 2014 – that still impose capital punishment. And it’s fair to say that many Americans wouldn’t normally choose the company the U.S. is keeping on that list. For a number of years now, the United States has been the only country in the Americas to execute anyone at all.
The office of the U.N. high commissioner for human rights, says 160 U.N. members have either abolished capital punishment or are not executing anyone. And Secretary-General Ban Ki-moon says, “The death penalty has no place in the 21st century.” The European Union makes abolishing capital punishment a precondition for membership.
Amnesty, which keeps careful numbers on capital cases globally, acknowledges that in many countries, the figures are not public and it is hard to know how many people actually were executed. That is certainly true of China, which executes far more people than any other country. Amnesty thinks there were several thousand executions there last year, but China considers the figure a state secret. There were at least 289 in Iran, 90 in Saudi Arabia, 61 in Iraq and 35 in the U.S.
The next 5 were Sudan (at least 23), Yemen (22), Egypt (15), Somalia (14) and Jordan (11). Also not very inspiring company.
While the number of known executions worldwide fell last year, substantially more people were actually sentenced to death, Amnesty says. That’s mostly due to large numbers in Nigeria and Egypt. Nigeria is battling the Boko Haram extremist group, and Egypt has been conducting mass trials of members of the Muslim Brotherhood, which had formed the previously government. But death sentences and executions are not the same thing.
Just because you’ve banned or suspended capital punishment doesn’t mean your country is a paragon of virtue, of course. And in those that do conduct executions, not all cases are equally clear. Few Americans would probably go along with the decision of Iranian authorities last year to execute a woman who stabbed a man during a sexual assault.
It’s also worth comparing the death sentence Dzhokar Tsarnaev received last month for the Boston Marathon bombings, which killed 3 people, with the sentence Norway imposed on right-wing extremist Anders Behring Breivik for a much deadlier act of terrorism – a bombing and shooting spree that killed 77 people in 2011.
Breivik famously complained about bad video games in the prison where he is serving 21 years. If that term seems incredibly light by U.S. standards, it can be extended indefinitely if authorities determine that he still poses a threat to society.
Then, there was Indonesia’s decision to execute drug offenders in response to what its new president says is a “national emergency” of drug abuse. 8 – Nigerian, Brazilian and Australian citizens, as well as one Indonesian – were shot by a firing squad in late April despite international appeals to spare their lives.
President Joko Widodo’s decision to go ahead with executions in drug cases appears politically popular with Indonesians.
But overall, capital punishment seems to be one of those issues where public attitudes don’t necessarily influence government policy.
Take these numbers from Russia. Russia suspended executions in the 1990s. However, a large majority still favored imposing capital punishment for a variety of offensives (The numbers are a few years old now, but are unlikely to have changed a great deal). The biggest percentage favored permitting execution in cases of sexual offenses against teenagers. Only about a quarter of those polled were in favor of keeping the moratorium or banning capital punishment altogether.
Then, there’s Britain, which hasn’t executed anyone for more than 1/2 a century – since 1964.
Still, Amnesty International said, polls indicated that as recently as 5 years ago, a bare majority – 51 % – favored the use of capital punishment. By last year, that figure had fallen to 45 %.
OKLAHOMA CITY (Reuters) – An Oklahoma court on Wednesday set execution dates for three inmates who lost a battle to have the U.S. Supreme Court put their capital punishment on hold because of problems they claimed with the state’s lethal injection mix.
The Oklahoma Court of Criminal Appeals set Sept. 16 for the execution of Richard Glossip, Oct. 7 for Benjamin Cole and Oct. 28 for John Grant, a court clerk said.
Glossip arranged for his employer to be beaten to death. Cole killed his 9-month-old daughter. Grant stabbed a correctional worker to death.
The attorney general had asked the court to resume executions as soon as August.
The state suspended all executions after the troubled April 2014 lethal injection of convicted murderer Clayton Lockett.
He could be seen twisting on the gurney after death chamber staff failed to place the intravenous line properly. The execution was called off but he died about 45 minutes after it started because of lethal injection chemicals that had accumulated in his tissue.
Lawyers for the three inmates facing execution argued that a drug in the state’s lethal injection mix, a sedative named midazolam, cannot achieve the level of unconsciousness required for surgery, making it unsuitable for executions.
On June 29, the Supreme Court found the drug did not violate the U.S. Constitution’s ban on cruel and unusual punishment, a ruling that provoked a caustic debate among the justices about the death penalty in America.
Florida, which has used the drug in 11 lethal injections, had placed a hold on executions while the case was before the court. It plans to resume executions soon.
The drug is also used in Ohio and Arizona, which do not have any executions currently planned for the rest of the year, according to the Death Penalty Information Center, which monitors U.S. capital punishment.
We ask the Federal Government of the United States to abolish the federal death penalty. While we recognize the rights of states to determine within their borders the limits of punishment, the United States remains one of increasingly few nations who endorse this archaic practice AS a nation. Recently botched lethal injections caused torturous, cruel and unusual deaths for a number of those so sentenced. This sort of problem is not the first in the history of the DP’s institution. Public support for the sentence is currently at an all time low. Fewer states are allowing this sentence than ever in the his. Innocent people have been killed and such situations are cruel and blatantly unconstitutional. This would be an admirable first step to correctional reform.Please set this needed example.
ALEXANDRIA, Va. — An ex-Marine was sentenced to death Thursday for murdering a fellow service member in 2009, after a federal jury concluded he had been responsible for a series of violent, sexually motivated attacks on women and young girls over the last nine years.
The jury deliberated for less than four hours before sentencing jorg, of Zion, Ill., to death for the murder of Navy Petty Officer Amanda Snell, a Las Vegas native, at Joint Base Myer-Henderson Hall in Arlington, in a barracks where both lived a few doors down from each other.
On the verdict form, the jury also unanimously concluded that Torrez also killed two young girls — 8-year-old Laura Hobbs and 9-year-old Krystal Tobias — in 2005 in his hometown of Zion, when he was just 16.
After Torrez was found guilty earlier this month of Navy Petty Officer Amanda Snell’s murder, Torrez ordered his lawyers not to put on any defense or question the government’s case during the trial’s sentencing phase. On Thursday, during closing arguments in the morning and when the verdict was read in the afternoon, Torrez sat impassively in front of the jury in his green jail jumpsuit, forgoing the civilian clothes he has worn all trial.
His lawyer, Robert Jenkins, left little doubt that Torrez preferred a death sentence to life in prison, though he would not directly confirm it.
“My client certainly had a goal, and I think in his mind, he achieved that goal, and I think he welcomed it,” Jenkins said. “It wasn’t as much a trial as it was an assisted suicide.”
During Thursday’s closing arguments, prosecutor James Trump emphasized to the jury that Snell’s murder was far from his only crime. The Illinois girls’ murders were especially brutal — jurors saw gruesome photos of Hobbs’ body with stab wounds to the eyes that medical experts concluded occurred while she was still alive. Semen found on Hobbs was linked by DNA evidence to Torrez.
And in 2010, Torrez committed a series of stalking attacks on three women in northern Virginia, including one who was raped, choked and left for dead. It was Torrez’s arrest in those cases that helped investigators tie him to Snell’s murder and the Illinois slayings. He is already serving a life sentence for the Arlington attacks.
Until his arrest in Virginia, Trump told jurors, Torrez believed he had literally gotten away with murder.
But Torrez bragged about the killings to another inmate after his arrest in the Arlington attacks, and prosecutors played recordings of those confessions to the jury in which he laughed about the killings and showed no remorse.
Trump reminded jurors that Torrez bragged about being “an army of one” while preying on defenseless children.
“There’s no room for doubt. Jorge Torrez deserves to die,” Trump said.
Torrez is the first person since 2007 to be sentenced to death at the federal courthouse in Alexandria. Torrez will join 59 other prisoners on federal death row, according to the Death Penalty Information Center.
Torrez will be formally sentenced May 30. The judge, Liam O’Grady, does not have the option to change the death sentence, unless he finds some sort of legal error.
The federal government has not executed anyone since 2003. Jenkins said that some of the usual appellate steps in a capital case will be carried out whether Torrez acquiesces to them or not. Other appeals, Jenkins said, are voluntary, so the length of the appeals process could be shortened considerably if Torrez maintains his current stance.
Richard Dieter, executive director of the Death Penalty Information Center, said it is highly unusual among the federal death row inmates to have a defendant who does not fight to stop his execution. Dieter said Torrez’s stance “creates a lot of unknowns” but agreed that it could result in a dramatically shorter appeals process.
Just because an inmate wants to be executed, though, doesn’t mean it will happen automatically, Dieter said. Legal challenges, such as the constitutionality of the lethal injection process, can potentially affect all death-row inmates and not just those who have filed the challenge, he said.
A day after the Oklahoma supreme court issued a stay of execution for two convicted killers, the governor issued her own order on Tuesday that the state would carry out their sentences next week, setting up a possible legal confrontation over constitutional powers.
Republican governor Mary Fallin said the state supreme court acted “outside the constitutional authority” of its mandate in staying Clayton Lockett’s execution. She granted a stay of seven days for Lockett, escheduling his execution for 29 April, the same day condemned inmate Charles Warner is scheduled to be executed. But legal experts said the supreme court’s stays must be followed and the governor lacks the power to reset the date.
“Governor Fallin is a politician, and not a lawyer,” said Randall Coyne, a constitutional law expert at the University of Oklahoma. “According to well established precedent of the US supreme court, the courts – not executive officials – have the final word on what is constitutional. She of course has the right to disagree with judicial decisions, but they remain the law. The governor is dangerously close to precipitating a constitutional crisis.”
The day before Lockett’s planned execution, the Oklahoma supreme court on Monday indefinitely delayed his and Warner’s executions while they challenge the constitutionality of a law that keeps secret the source of the state’s execution drugs. The state’s highest court stepped in after two weeks of legal tussles in which it and the court of criminal appeals both said they did not have the authority to grant a stay.
On Tuesday, the office of the attorney general, Scott Pruitt, asked the state supreme court to rehear the case, arguing the court had caused chaos for the bifurcated appeals system of the state. The supreme court denied that petition 6 to 3 on Tuesday, essentially rejecting Pruitt’s questioning of the court’s jurisdiction.
Fallin then stepped in with an executive order, telling Pruitt’s office to file papers with the Oklahoma court of criminal appeals that would give her a blueprint as to how to implement the execution order.
And separately, the Associated Press reported that a member of the Oklahoma House drafted a resolution on Wednesday seeking the impeachment of state supreme court justices who granted the delay.
Republican state representative Mike Christian told The Associated Press that the five justices engaged in a “willful neglect of duty” when they granted stays of execution. An impeachment effort would have no impact on the current proceedings
“This is a case of our state’s judges inserting their personal biases and political opinions into the equation,” Christian told the Associated Press.
Eric M Freedman, a constitutional law expert at Hofstra University, said Fallin’s order is “pure political posturing”.
“The probability that the state will succeed in carrying out the executions in defiance of the stays entered by the Oklahoma supreme court hovers between zilch and zero,” he said.
Lockett and Warner challenged the constitutionality of an Oklahoma law that keeps the source of execution drugs secret. An Oklahoma county district court judge ruled in their favor in March, and judge Patricia Parrish said the statute violated their right to due process. Lawyers for Lockett and Warner say it would be “unthinkable” to carry out the executions while that challenge is unresolved.
Oklahoma attorney Stephen Jones, a Republican who served as counsel to Republican governors, said Tuesday’s developments were about politics, and Fallin has made a power grab of the state judiciary.
“It gives them something to campaign upon,” Jones said.
He said executing the men despite the court’s stay would create a “nasty confrontation” that the governor and attorney general would legally lose.
“She should have stayed out of it and let the courts work it out. She doesn’t really have a dog in the fight. Frankly I think it’s a sign of weakness on the part of the attorney general that he got the governor to do that. Scott Pruitt has not practiced much as a lawyer,” Jones added.
Brady R Henderson, legal director of the American Civil Liberties Union of Oklahoma, said the governor can delay an execution, but her resetting of the execution date is unlikely to hold up legally.
“The Oklahoma constitution simply does not give her the power to do that,” Henderson said.
“It is important to remember that the entire matter comes from a relatively simple request from two condemned men to find out about the drugs that would be used to kill them,” he said. “There are serious concerns about the conduct of the lethal injection process, and an Oklahoma law attempts to bar the inmates and everybody else from finding out important information about the process. In other words, it puts a veil of secrecy over one of the most grave functions of state government – killing its own citizens.”
Je tiens à remercier tous les pays francophones qui suivent mon blog, malgré que les informations soient en anglais Je remercie les pays africains aussi, les personnes d’amérique du Sud, les émirats Arabe, je remercie le monde entier de me suivre de plus en plus nombreux, Je remercie les followers sur twitter aussi ! Merci à tous
Queria dar la gracias à todos los paises de habla hispana de seguirme, aunque las informaciones esten en ingles, Doy las gracias a todos los paises de africa tambien, a los Emiratos Arabes, gracias al mundo entero de seguirme siempre mas numerosos. Doy las gracias a los followers de Twitter ! Gracias a todos
I want to thankall English-speaking countrieswho follow myblog,ThankAfrican countriesalso, people of SouthAmerica, theArabEmirates, I thank theworldto follow meyou areeachtimemore numerous, I thankfollowerson twittertoo!Thank youto all
“I would like to remind my children once again I love them,” Villegas said when asked if he had a statement before being put to death. “Everything is OK. I love you all, and I love my children. I am at peace.”
High court refuses to stop execution in Texas
HUNTSVILLE, Texas (AP) — The U.S. Supreme Court has refused to halt the scheduled execution of a man convicted of killing three members of a Corpus Christi family.
The high court, on a 5-4 vote, rejected arguments from attorneys for Jose Villegas who said the 39-year-old is mentally impaired and ineligible for the death penalty.
The ruling came Wednesday about 30 minutes after a six-hour window opened for Villegas’ lethal injection for the fatal stabbings 13 years ago of his ex-girlfriend, her 3-year-old son and her mother.
Villegas’ lawyers contended testing in February showed he had an IQ of 59, below the IQ of 70 that courts have embraced as a threshold for mental impairment. State attorneys disputed the test result and called it a late attempt to delay the punishment.
As usual, Execution Watch will air, starting at 6pm and have an taped interview with Jose,
Execution Watch with Ray Hill
can be heard on KPFT 90.1 FM,
in Galveston at 89.5 and Livingston at 90.3,
as well as on the net here
from 6:00 PM CT to 7:00 PM CT
on any day Texas executes a prisoner.
April 16 update
Lawyers Ask Supreme Court to Stop Villegas Execution
HUNTSVILLE, Texas (AP) – The U.S. Supreme Court is considering whether claims of mental impairment should keep a convicted killer from execution Wednesday evening for the slayings of three members of a Corpus Christi family.
Attorneys for Jose Villegas filed a last-day appeal asking the high court to stop his lethal injection, saying testing in February showed he had an IQ of 59. They said it was “a score clearly indicating” mental impairment that could make him ineligible for the death penalty.
Villegas, 38, has been scheduled to die for the fatal stabbings 13 years ago of his ex-girlfriend, her 3-year-old son and her mother. Villegas would be the seventh prisoner executed this year in Texas, the nation’s most active death penalty state.
The Supreme Court has prohibited execution of mentally impaired people, although states have been allowed to devise procedures to make their own determinations. Courts also have embraced scientific studies that consider a 70 IQ a threshold for impairment, and the high court justices are reviewing a Florida law stipulating that number for death penalty eligibility.
The Texas Court of Criminal Appeals, the state’s highest criminal court, voted 6-3 Monday to reject Villegas’ appeal as improper and wouldn’t consider the merits of the arguments.
Villegas’ lawyers argued to the Supreme Court that the Texas court “has candidly disavowed the established diagnostic criteria” and is deliberately using unscientific standards to narrow the number of prisoners who can cite mental impairment as a reason to keep them from execution.
The Texas Attorney General’s office disputed the IQ finding, saying previous examinations of Villegas showed no mental impairment and the number cited in his appeal was based on testing after he received an execution date and motivation to not do well on the test. State attorneys also argued his lawyers had 10 years to raise impairment claims but didn’t do so until days before his scheduled punishment.
The 11th-hour appeal was “nothing more than a calculated (albeit meritless) attempt to postpone his execution,” Assistant Attorney General Jefferson Clendenin wrote to the justices in response to the appeal.
Villegas was convicted of fatally stabbing Erida Salazar, 23, her 3-year-old son, Jacob, and Salazar’s mother, Alma Perez, 51, in January 2001. Their bodies were discovered by Salazar’s father when he returned home after being excused from jury duty. Each had been stabbed at least 19 times.
Villegas, a former cook, dishwasher and laborer, was free on bond for a sexual assault charge and was supposed to go on trial the day of the killings for an incident in which a woman said he punched her in the face.
Police spotted Villegas driving Salazar’s stolen car and he led them on a chase that ended with him on foot and urging officers to shoot him. When arresting him, police found three bags of cocaine in his baseball cap.
“What’s frustrating to me and the family is 12 years have gone by and he’s still not been executed yet,” said Mark Skurka, the Nueces County district attorney who prosecuted the case in 2002.
Following his conviction for capital murder, Villegas was convicted of two counts of indecency with a child related to the daughter of the woman he was accused of punching in the face prior to the slayings. Relatives have said Salazar’s mother had urged her daughter to break up with Villegas when she learned of the sex charges against him.
Villegas also had convictions for making terroristic threats to kill women, burglary and possessing inhalants.
Defense attorneys at his murder trial focused on trying to keep him from going to death row.
“It was the main issue in the case,” trial lawyer Grant Jones recalled.
Attorneys argued the slayings were not intentional and Villegas was mentally ill. A defense psychiatrist testified Villegas experienced “intermittent explosive disorder,” a condition that led to uncontrollable rages.
Villegas would be the third Texas inmate executed with a new stock of pentobarbital from a provider corrections officials have refused to identify, citing the possibility of threats of violence against the supplier. The Supreme Court has upheld that stance.
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April 15, 2014
HUNTSVILLE, Texas (AP) — Jose Villegas was out on bond for a sexual assault charge and was supposed to go on trial in Corpus Christi for punching a woman in the face on the same day 13 years ago that he stabbed ex-girlfriend, her son and her mother to death.
The former cook, dishwasher and laborer was arrested after a police chase and charged with capital murder for the deaths of his ex-girlfriend, Erida Salazar, her 3-year-old son, Jacob, and her mother, Alma Perez, 51.
Villegas, 38, was set for lethal injection Wednesday for the slayings. He would be the seventh Texas inmate executed this year and the fifth in as many weeks in the nation’s most active death penalty state.
His attorneys argue that the punishment should be put off so they have additional time to investigate evidence they’ve recently found that Villegas is mentally impaired and ineligible for execution. The Texas Court of Criminal Appeals refused Monday to halt the punishment and lawyers for Villegas said they would take their appeal to the U.S. Supreme Court.
Salazar’s father, returning home Jan. 22, 2001, from jury duty, found the bloody body of his wife and had a neighbor call police. He then went back inside to find his daughter, 23, and grandson also dead. Court documents show Salazar was stabbed 32 times, her son 19 times and mother 35 times. A television and car also were taken from the home.
Police spotted Salazar’s car with Villegas behind the wheel and he led them on a chase that ended when he bailed out on foot. When he was caught, officers found three bags of cocaine inside his baseball cap.
Testimony at his 2002 capital murder trial showed Villegas told police he pawned the stolen television for $75, used the money immediately to buy cocaine and hoped to commit suicide by overdosing.
“We had a confession, DNA, witnesses who saw him leaving the house afterward,” Mark Skurka, the Nueces County district attorney who prosecuted the case, said. “He killed the mom first, then his girlfriend, then the baby.”
Jurors deliberated less than 20 minutes before convicting him.
Villegas had multiple previous arrests, including burglary, making terroristic threats to kill a woman, assaults and two counts of indecency with a child for exposing himself and fondling the daughter of the woman he was accused of punching in the face. Records showed he had spent at least 200 days in jail and four years on probation.
Defense attorneys at his trial acknowledged Villegas committed the slayings but said they were not intentional and he was mentally ill. A defense psychiatrist blamed his behavior on uncontrollable rages caused by “intermittent explosive disorder.”
“Punishment was the only issue,” Grant Jones, one of Villegas’ trial lawyers, recalled this week. “I’ve been trying criminal cases over 40 years and I’d say in about 80 percent of the cases, mental health is a factor to one degree or another.”
Relatives said Salazar’s mother had urged her to leave Villegas when she learned of the sex charges against him.
Villegas would be the third Texas inmate executed with a new stock of pentobarbital from a provider corrections officials have refused to identify, citing the possibility of threats of violence against the supplier. The Supreme Court has upheld that stance.
Texas and other death penalty states have been scrambling for substitute drugs or new sources for drugs for lethal injections after major drugmakers — many based in Europe where death penalty opposition is strong — stopped selling to state corrections agencies.