Arizona

ARIZONA – Motion denied to watch executions by injection


May 31, 2012 Source : http://www.azcentral.com

Despite strong language from the 9th U.S. Circuit Court of Appeals and a 2002 appeals-court ruling, a federal judge in Phoenix on Wednesday denied motions to allow attorneys and reporters to watch as executioners insert the catheters that carry the drugs used in lethal injections for condemned prisoners.

The Federal Public Defender’s Office in Phoenix and other defense attorneys have complained about the practices of the Arizona Department of Corrections in carrying out executions by lethal injection. Among the concerns are the qualifications of those who insert IV lines into the condemned prisoners and why they repeatedly fail to find suitable veins in the prisoner’s arms and must resort to a surgically installed catheter in the groin area.

On May 15, the day before death-row prisoner Samuel Lopez was to be executed for the 1986 murder of a Phoenix woman, his attorneys filed a motion with U.S. District Judge Neil Wake, asking to be allowed to witness the catheterization. Wake did not rule on the motion. But the subject had come up in oral arguments on May 14 in a last-ditch appeal to the 9th Circuit.

Of concern in that appeal was a March execution in which the condemned man was not allowed to speak to his attorney when prison staff was unable to find a suitable vein in his arm and instead inserted the catheter in his groin.

The appeals court refused to stop Lopez’s execution, but one of the judges questioned why the media had not insisted on being present when the lines were inserted. The state of Ohio and California allow such witnessing, and a 2002 9th Circuit opinion ruled that the public has a First Amendment right to witness all aspects of an execution.

Lopez subsequently received a reprieve from the Arizona Supreme Court until June 27 because of problems with the state clemency board.

A coalition of Arizona journalism groups took up the challenge and asked to become part of the lawsuit over the Corrections Department policies.

That same day, another group of journalists in Idaho filed its own lawsuit asking to witness the preparation process on First Amendment grounds.

But Wake denied the Arizona motions Wednesday, citing technicalities in the timing of the motion and saying that a First Amendment violation had not been properly claimed.

Dale Baich of the Federal Public Defender’s Office said his office had not yet decided how to proceed.

Dan Barr, an attorney who represents the Arizona journalists, said his options would be to wait for Baich to amend his motion or file a separate lawsuit to assert the journalists’ claims.

“The whole trick is bringing up the issue in the right form and the right time,” Barr said.

ARIZONA – Samuel Villegas Lopez – Execution – RESCHEDULED June 27


Update 

May 23, Source : http://www.kpho.com

The Arizona Supreme Court has denied a petition to review the case of a death row inmate set for execution next week.

Lawyers for Samuel Villegas Lopez had asked the state’s high court to review a lower court’s order dismissing his petition for post-conviction relief on March 30.

The state Supreme Court issued its ruling Wednesday without comment. There’s no immediate response from Lopez’s attorneys.

The 49-year-old Lopez is scheduled to be executed by lethal injection May 16 at the state prison in Florence in what would be the fourth execution in Arizona this year.

———————————————-

PHOENIX (Reuters) – Arizona’s top court issued a stay of execution on Tuesday for death row inmate Samuel Villegas Lopez, a day before he was scheduled to die by lethal injection, to address claims that he had been denied a chance at a fair clemency hearing.

Villegas Lopez was sentenced to death for raping 59-year-old Estafana Holmes and stabbing her to death in a violent, drawn-out assault at her Phoenix apartment in 1986

The Arizona Supreme Court rescheduled his execution for June 27 so that attorneys could address claims that he was denied a fair clemency hearing because some members of the state clemency board had not received a mandated four-week training course.

“We conclude that the interests of justice are best served by staying the pending execution and forthwith issuing … a new warrant of execution, for June 27,” the court said in its ruling.

“The period between now and the new execution date will allow training of new board members and a clemency hearing to be subsequently held by the board,” it added.

He had been due to die by lethal injection at 10 a.m. on Wednesday morning, at the state prison in Florence, some 60 miles southeast of Phoenix.

State pays for inmate bypass surgery, then executes him


May 15, source  : http://www.kpho.com

Watch the video : click here

Robert Henry Moorman received bypass surgery three months before he was executed.

Robert Henry Moorman received bypass surgery three months before he was executed.

 

 

 

 

Lynette Barrett’s eyes well up with tears when she talks about her husband, Murray, and his struggle to survive.

“Nine years ago last December,” Barrett said is when she discovered Murray had liver failure. “He needs a new liver,” she said.

Unable to work and with no health insurance, the Barretts found themselves under a mountain of debt and with an even larger bill on the horizon.

“He’s had three hospital stays in the last year and each of them has been over $50,000. Without insurance, we had to have $100,000 up front before they’d even consider a transplant,” said Barrett.

To raise money, the Barretts and other families in similar situations have had to become creative. They’ve heldpancake breakfasts, auctions, car washes and accept donations on their blog.

Since 2010, the state indigent healthcare system has purged more than 100,000 people from its rolls. Families like the Barretts no longer qualify for state aid.

State leaders say helping them is a luxury they just can’t afford. But a CBS 5 investigation found cases where state dollars have gone to lifesaving operations in one of the unlikeliest places.

That place is death row. 

Every inmate here is awaiting execution and in a strange quirk of the law, some of these condemned inmates are receiving the kind of state-funded medical care being denied to law-abiding citizens who don’t have health insurance.

In 1984, Robert Moorman murdered his adoptive mother and chopped her up into pieces. But in November of last year, Moorman received a quintuple heart bypass surgery at the taxpayers’ expense. He was executed three months later.

Why does the state pay for healthcare for prison inmates?

“Because there’s no choice,” said Daniel Pachoda, who is the legal director for the Phoenix office of the ACLU.

He said he can’t explain what happened to Robert Moorman, but the requirements of the death penalty may help explain it.

“That is a quirk in the law that people have to be medically and physically competent before they’re allowed to be executed,” said Pachoda.

But according to Pachoda, it would be a mistake to think that all inmates get the same treatment.

The ACLU recently sued the state, citing dozens of cases where basic medical treatment or antibiotics would have saved the lives of inmates or spared them from serious illness.

Lynette Barrett says the Moorman case does not make any sense to her. 

“It’s really hard to see somebody they’re going to execute in three months…what was the point of the bypass?” she asked.

Department of Corrections officials could not discuss any specific inmate medical questions, but they did say medical professionals are the ones who make the decisions about healthcare for inmates. And they insist that all inmates receive the same constitutionally required medical care.

ARIZONA – Arizona death-row inmate’s lawsuit heads to court – Samuel Villegas Lopez


May 14, 2012, Source : http://azcapitoltimes.com

Lawyers for an Arizona death-row inmate plan to argue the state’s clemency process is flawed as they make last-minute bids to stop his execution.

Attorneys for Samuel Villegas Lopez contend the execution should be delayed so new members of the state’s clemency board can be appointed. They are set to make their case Monday in Maricopa County Superior Court.

Separate proceedings will be held Monday before the U.S. 9th Circuit Court of Appeals in San Francisco, where lawyers for Lopez will challenge the state’s execution procedures and contend he was denied effective legal representation.

Lopez is scheduled to be executed Wednesday at a state prison in Florence for the 1986 murder of 59-year-old Estefana Holmes. The Phoenix woman was raped, robbed and stabbed in what court papers described as a “terrible and prolonged struggle.”

Lopez would be the fourth person executed by Arizona this year.

His lawyers say Lopez deserves clemency because the trial judge was never told he had brain damage and a difficult childhood.

The Board of Executive Clemency took no action during a May 7 hearing for Lopez when a lawyer for the inmate walked out after challenging the validity of the proceeding.

A lawsuit filed on behalf of Lopez two days later called the hearing a sham resulting from a revamping of the board’s makeup to avoid having clemency recommendations in high-profile cases land on the desk of Gov. Jan Brewer.

The lawsuit asked Superior Court Judge Joseph Kraemer to rule that Brewer’s recent appointments of three of the five members of the board were invalid. The suit cited alleged open meeting law violations by a committee that screen applicants.

“The three board members, rendered null and void by state statute, were equivalent to three empty chairs in the room,” Lopez’s attorneys wrote in a filing in the case.

As a result, Lopez has been denied his due-process right to have the board consider recommending that Brewer commute his death sentence to life in prison or grant him a reprieve delaying the execution, the lawsuit contends.

In court papers filed on behalf of Brewer and other state officials, state Solicitor General David Cole said clemency proceedings are legally a “matter of grace” that only entitle inmates to minimal due process.

On behalf of the state, Attorney General Kent Cattani also urged Kreamer to reject Lopez’s requests and said the inmate’s lawyers had an opportunity to present his case but chose not to do so.

Clemency is a political process decided by elected officials that is not subject to judicial review, Cattani said.

ARIZONA – Death-row inmate’s case before AZ clemency board


May 7, 2012 Source : http://www.myfoxphoenix.com

PHOENIX (AP) – Arizona’s largely new clemency board on Monday is expected to consider the case of a death-row inmate set for execution next week.

But the attorney for Samuel Villegas Lopez has asked the five-member board, which has three new members, to delay the execution and a decision in the matter.

Attorney Kelley Henry argues that the new board members should have additional training before considering Lopez’s request for mercy.

Gov. Jan Brewer overhauled the board last month, replacing two voting members and longtime Chairman Duane Belcher with three new people in what some defense attorneys and anti-death penalty advocates said was a political move.

Lopez is scheduled to be executed by lethal injection next Wednesday at the state prison in Florence in what would be the fourth execution in Arizona this year.

ARIZONA – Death penalty upheld in Ariz. teen’s killing


april 13, 2012 source :http://www.trivalleycentral.com

The Arizona Supreme Court on Thursday upheld the conviction and death sentence of a man found guilty of fatally bludgeoning his 14-year-old niece whose semi-nude body was found while her mother was in the hospital.

Brad Lee Nelson of Golden Valley had appealed his sentence to the court, arguing that he didn’t have an impartial trial jury, that the killing wasn’t premeditated and that putting him to death would be cruel and unusual punishment.

The 41-year-old was convicted of first-degree murder in the June 2006 killing of 14-year-old Amber Graff.

Records show that Nelson was watching Graff and her 13-year-old brother Wade at a hotel in Kingman in western Arizona while their mother was in the hospital being treated for Crohn’s disease.

Prosecutors say that Nelson walked from the hotel to a Kmart, bought a rubber mallet, came back and hit Amber in the head with it multiple times as Wade slept.

Prosecutors say that after hitting her with the mallet, Nelson covered up her body and soon after spent the morning with Wade going to a couple of stores and hanging out by the pool. When they returned to the hotel room, Nelson told Amber to wake up and pulled the covers from her.

Her body was blue and naked from the waist down, her forehead was covered in blood, and blood and foam were coming out of her mouth. Semen later found on her groin area matched Nelson, although there was no evidence that Amber was raped.

The rubber mallet was found in a bloody black sock under the bed.

Amber’s stepfather later gave investigators a letter from Nelson to Amber that proclaimed his love for her and promised to never hurt her.

Defense attorneys had argued that Nelson didn’t mean to kill the girl while the prosecution argued that his trip to Kmart to buy the mallet and his efforts to cover up the crime proved it was premeditated murder.

Prosecutors also theorized at trial that Nelson came on to Amber and she denied him, provoking him enough to kill her.

“It was pretty clear it was sexually motivated,” Mohave County Attorney Matt Smith, who prosecuted the case against Nelson, said Thursday. “I don’t see anything accidental about any of it.”

In their ruling Thursday, the Arizona Supreme Court rejected multiple arguments from Nelson’s attorney that sought to have his death sentence overturned, including that the jury’s finding that Nelson was eligible for the death penalty because Amber was under the age of 15 is “arbitrary and capricious.”

Under Arizona law, a number of so-called aggravating factors make someone convicted of first-degree murder eligible to be executed, including that the murder victim is under the age of 15. Amber was two months away from turning 15 when she was killed.

Nelson’s attorney, David Goldberg, argued that the state doesn’t have a compelling or rational basis to execute someone who kills a child who is 14 years and 10 months old as opposed to someone who has turned 15.

The court ruled that the Arizona Legislature set the age at 15 after determining that the young are especially vulnerable, should be afforded more protection and that murders of the sort should carry more severe punishments.

ARIZONA – Robert Towery was executed


12 news HD live http://c.brightcove.com/services/viewer/federated_f9?isVid=1

Towery, 38, was pronounced dead at 11:26 a.m., nine minutes after the lethal-injection procedure began at the Arizona State Prison Complex-Florence.

Towery’s execution came just eight days after Arizona executed another inmate, Robert Moormann, for killing and dismembering his mother 28 years ago.

Wednesday night, Towery was served a last meal of porterhouse steak, baked potato with sour cream, asparagus, mushrooms, clam chowder, milk, Pepsi and apple pie a la mode.

The execution began at 11:17 a.m. Towery looked to his family and attorneys. In his last words, he apologized to his family and to the victims. He talked about bad choices he had made. Then he said, as he appeared to be crying, “I love my family. Potato, potato, potato.”

Read more: http://www.azcentral.com/arizonarepublic/local/articles/2012/03/08/20120308arizona-execution-robert-charles-towery.html#ixzz1ocPWqmXU

Last Meal Request

  •  Porterhouse steak
  • Sauteed mushrooms
  • Baked potato with butter and sour cream
  • Steamed asparagus
  • Clam chowder
  • Pepsi
  • Milk
  • Apple pie with vanilla ice cream

Supreme Court of United states

No. 11-9089      *** CAPITAL CASE ***
Title:
Robert Charles Towery, Petitioner
v.
Charles L. Ryan, Director, Arizona Department of Corrections, et al.
Docketed: March 6, 2012
Linked with 11A840
Lower Ct: United States Court of Appeals for the Ninth Circuit
  Case Nos.: (12-15071)
  Decision Date: February 27, 2012
  Rehearing Denied: February 29, 2012
Discretionary Court
  Decision Date: January 10, 2012
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 6 2012 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2012)
Mar 6 2012 Application (11A840) for a stay of execution of sentence of death, submitted to Justice Kennedy.
Mar 6 2012 Brief of respondent Charles L. Ryan, Director, Arizona Department of Corrections, et al. in opposition filed.
Mar 6 2012 Response to application from respondent Charles L. Ryan, Director, Arizona Department of Corrections, et al. filed.
Mar 7 2012 Reply of petitioner Robert Charles Towery filed.
Mar 7 2012 Application (11A840) referred to the Court.
Mar 7 2012 Application (11A840) denied by the Court.
Mar 7 2012 Petition DENIED.

ARIZONA – Robert H. Moorman – Execution – February 29, 2012 EXECUTED 10.23 a.m


The Arizona Department of Corrections has scheduled a Feb. 29 execution for a death row inmate convicted of killing his adoptive mother while on a three-day prison release in 1984.Corrections officials announced the execution date Wednesday for 63-year-old Robert Henry Moorman at the state prison complex in Florence.Moorman recently lost an appeal in the 9th U.S. Circuit Court of Appeals, and the U.S. Supreme Court declined to consider his case.Moorman was serving a nine-year prison term for kidnapping in 1984 when the state let him out on three-day release to visit his adoptive mother at a nearby hotel.Moorman beat, stabbed and strangled the woman, then dismembered her body and threw the pieces away in various trash bins and sewers in Florence before he was captured.

Arizona inmate facing execution hospitalized over illness Arizona death-row inmate Robert Moormann, who is scheduled to be executed Feb.29, was transported to an unnamed hospital Thursday after falling ill at the state prison in Florence, his attorney confirmed.The Arizona Department of Corrections would not provide information — even to Moormann’s attorneys — about Moormann’s condition, but a department spokesman said Thursday afternoon that Moormann was still alive.Moormann, 63, was sentenced to death for the 1984 murder of his adoptive mother.He has a history of health problems and was hospitalized twice last fall, first for an appendectomy and later for a quintuple heart bypass.Arizona prison policy requires death-row inmates facing execution to be kept alive until the last minute before execution by lethal injection.The execution protocol requires that a cardiac defibrillator “be readily available on site in the event that the inmate goes into cardiac arrest at any time prior to dispensing the chemicals; trained medical staff shall make every effort to revive the inmate should this occur.”In 1984, Moormannwas already imprisoned in Florence when he was granted a “compassionate furlough” to visit with his mother at a motel near the prison. During the visit, he killed her and dismembered her, dumping her body in garbage cans.In January, his attorneys argued that Moormann’s deteriorating health had lessened his intellectual functioning to the point where he could not be legally executed.
Arizona Supreme Court asked to stay executionLawyers for death row inmate Robert Henry Moormann have asked the Arizona Supreme Court to stay his scheduled Feb. 29 execution.In a 21-page motion filed Tuesday, Moormann’s attorneys say he was diagnosed in early childhood as being mentally retarded and the state can’t execute him because of that fact.The 63-year-old Moormann was sentenced to death for the 1984 death of his adoptive mother while on a prison furlough.Moormann was serving a prison term of nine years to life for kidnapping when the state let him out on three-day “compassionate furlough” to visit his adoptive mother at a Florence motel.Authorities say Moormann beat, stabbed and suffocated the woman before meticulously dismembering her body.Moormann’s attorneys used an insanity defense, but a jury convicted him of first-degree murder.
Families, others find closure in executionAt 10:23 a.m. on Feb. 29, convicted felon Robert H. Moorman was declared dead following his execution at the Arizona State Prison – 27 years after receiving his sentence.For Tom Rankin this particular order of execution offered a different kind of closure than that for relatives of the victims. He was the police chief in Florence 28 years ago when Moorman committed one of the most heinous crimes in the town’s history.“That was my third execution to observe, but this one was a bit more personal,” Rankin, one of the witnesses, said. “It provided closure for me, not only on that case, but for my law enforcement career. It was the last case that I had pending that I was involved in.“It’s like saying, ‘You’ve done your career. It’s over with now.’”Ironically, the Blue Mist Motel is within sight from the ASP visitors’ parking area. It was at the Blue Mist where, on Jan. 13, 1984, Moorman beat, stabbed and suffocated his adoptive mother, 74-year-old Roberta Moorman, who, according to defense attorneys, sexually abused him into his adult years.Moorman then dismembered Roberta’s body, cutting off her head, legs and arms, halved her torso, and flushed her fingers down the toilet. Most of her remains were found in trash bins around town after asking various businesses if he could “dispose of spoiled meat and animal guts.”Shortly after Moorman asked a corrections employee to dispose of “dog bones,” he was captured. The incident took place during a a three-day “compassionate furlough” from ASP, where Moorman was already serving nine years to life for kidnapping and molesting an 8-year-old girl in 1972.Moorman, 63, was sentenced to death on May 7, 1985. Appeals to overturn his warrant of execution were denied in 1986, 1987 and 1992. A motion to issue a warrant of execution was filed by the attorney general on Oct. 12, 2011 and granted on Nov. 29.Moorman was served his last meal between 7 p.m. and 7:30 p.m. on Feb. 28. It consisted of one double hamburger (two quarter-pound patties prepared “medium”) with two slices of onion, three leaves of lettuce, three tomato slices and a bun; plus French fries (with four ounces of ketchup), two three-ounce beef burritos, three Royal Crown colas, and two 14-ounce containers of Rocky Road ice cream.

A light breakfast was an option, but there was no word on whether or not Moorman accepted it.

From the reporter’s notebook, here’s the sequence of events:

8 a.m. – The media witnesses are greeted and informed that no cameras, pens or outside note pads are allowed – a pencil and note pad is furnished by the prison.

8:38 a.m. – Arizona Department of Corrections Director Charles L. Ryan came to the media room and announced that there were no further stays of execution and no pending motions from the Superior Court.

9:39 a.m. – The media leaves its holding area to another room upstairs. There, a DOC employee offered a briefing on the execution itinerary.

9:45 a.m. – After the briefing, media names were drawn at random to determine the order of entering the viewing gallery. My name was drawn first.

10 a.m. – There’s a delay in the process, as Moorman is having a final meeting with his legal counsel.

10:12 a.m. – The media is led to Housing Unit No. 9, enters the gallery area, and is positioned next to a partition, separate from other witnesses.

10:19 a.m. – Approximately 22 witnesses, other than the media and DOC staff, enter the gallery. An undetermined number of witnesses are on the other side of the partition.

10:21 a.m. – The curtain opens, and Moorman is seen strapped to a gurney, wearing his orange prison apparel. He appears calm as his execution order is being read.

10:23 a.m. – Moorman is asked if he has any final words. Looking up at the ceiling with a slight smile, he responds with an apology to the families involved, adding, “I’m sorry for the pain I caused. I hope this brings closure and they can start healing now. I just hope that they can forgive me in time.”

With that, the process of execution began.

10:24 a.m. – Moorman turns his head to his right and looks at the gallery. One minute later, he begins breathing hard, short of gasping for air, as the lethal injection of pentobarbital began to take effect.

10:27 a.m. – A physician enters the execution room to administer sedation.

10:29 a.m. – Moorman’s eyes are half-closed, looking peaceful, with little, if any, movement.

10:33 a.m. – The DOC announces, “The execution is completed.” The curtain is closed.

10:34 a.m. – The witnesses are excused.

10:40 a.m. – The media gives its witness account to six television stations and various print and radio reporters who did not see the execution.

“Death is never pretty,” Rankin said. “When I was standing there, I was wondering about (Roberta Moorman’s) family and wondering if any of her family was there. I didn’t know because I’ve lost contact with most of them. I didn’t recognize any of the other witnesses.

“For the family’s sake, I hope it’s over. It’s a period I hope they’ll never have to live through again.”

Deacon Ed Sheffer of St. Thomas The Apostle Parish in Tucson, who performs ministry work on death row, has been Moorman’s spiritual advisor for the last 10 years. After the execution, Sheffer said, “At the end, Robert was at a peaceful place and for some time had come to terms with what he had done and his fate. You could hear it in his last words, his thoughts and concerns were for others, not himself.”

Sheffer said Moorman received last rites from Bishop Gerald Kicanas of Tucson on Feb. 21, and had his final communion prior to the execution at approximately 6 a.m.

“He received his communion and was very grateful for our years of working together as he found his relationship with the Lord,” Sheffer said. “He moved from shame to guilt, to asking for mercy and reconciliation.

“His soul is now in God’s hands.”

Rankin noted it was the only case from his days as police chief that resulted in the death penalty, saying, “It’s too bad about the way the death penalty is scheduled, with the long delays and the years it takes to fulfill the sentence. I understand the process, but for the family of the victim, closure should come sooner.

“As for Robert Moorman, he got what he deserved,” Rankin concluded. “There’s no need to talk about him anymore. In law enforcement, we say, ‘case closed.’”