Lopez

ARIZONA – Samuel Villegas Lopez – Executed 10:37 a.m June 27 2012


June 27, 2012 Source :

Samuel Lopez, who stabbed a Phoenix woman to death in 1986, was executed today at the Arizona State Prison Complex-Florence, three days before his 50th birthday.

Lopez had no last words.

No members of Lopez’s family were present, witnesses said. Eight members of the family of Estefana Holmes, his victim, spoke with reporters after the execution.

Victor Arguijo, Holmes’s brother, who traveled with other family members from Fort Worth, Texas, said, “We are not here to seek vengeance nor to avenge, but to seek justice for our family. This execution today will not bring our beloved Tefo back, but hopefully will bring closure.”

Lopez’s final meal consisted of one red chili con carne, one green chili con carne, Spanish rice, a jalapeño, an avocado, cottage cheese, French fries, a Coke, vanilla ice cream and pineapple.

The execution procedure began shortly before 10 a.m., as a group of six prison medical team members inserted intravenous catheters into Lopez’s arms. Lopez chatted with them and winced slightly, as government representatives, media, attorneys and Holmes’s family members watched on closed-circuit TV. Then prison officials opened the curtains between the death chamber and the witness area. The execution began at 10:08 a.m. and ended at 10:37 a.m., taking more than twice as long as recent prior executions.

Lopez blinked, yawned, breathed rapidly, then his mouth dropped open, witnesses said.

On Tuesday the U.S. Supreme Court declined without comment his appeal for a stay. One aspect of Lopez’s death marked a departure from prior recent executions in Arizona, including three earlier this year, after extended legal disputes. For the first time, the Department of Corrections allowed witnesses to watch, via close-circuit cameras, as executioners inserted the intravenous catheters that deliver the fatal drug, pentobarbital, into the condemned man.

Previously, the department only allowed the curtain between observers and the inmate to be pulled back after the catheters were in place. Where and how the catheters were inserted in earlier executions led to legal accusations that the department was engaging in cruel and unusual punishment. Corrections officials have said that problems finding suitable veins in the condemned man’s arms or legs have forced them to insert catheters into the groin area.

As in past executions, Lopez was told by officials that his microphone would be cut off if he said anything offensive. In March, as convicted murder Robert Towery was being executed, officials refused his requests to speak with his attorney as medical staff repeatedly stuck him without being able to find a vein, eventually using his groin area. Towery communicated with his attorney by code during his last words.

Defense attorneys in Arizona have repeatedly brought these issues to court; the U.S. 9th Circuit Court of Appeals recently ruled that no part of an execution should be shielded from media witnesses.

Lopez was convicted of sexually assaulting and murdering Holmes in her apartment in central Phoenix in 1986. He stabbed the grandmother and seamstress more than 23 times and slashed her throat with her own kitchen knives after a fierce struggle. A few days later, while being interviewed by police investigating an unrelated sexual-assault incident, Lopez mentioned details of Holmes’ murder that hadn’t been released to the public, police said. His attorneys, on appeal of his 1987 conviction and death sentence, argued that those details had been common knowledge in the neighborhood.

Lopez’s attorney, Kelley Henry, an assistant federal public defender, criticized the execution and said Lopez was denied due process. “This broken process began at trial where untrained attorneys failed to raise crucial evidence about Sammy’s horrific and abusive family history. It continued up until this week as the courts refused to hear the merits of Sammy’s claims because of procedural barriers,” she said.

Lopez’s attorneys had sought stays in both state and federal courts. In state court, they argued that he couldn’t get a fair hearing before Arizona’s Board of Executive Clemency, and that a majority of the five members had been improperly appointed as political cronies of Gov. Jan Brewer. In federal court, they argued that state courts hadn’t adequately considered factors that should have mitigated against a death sentence for Lopez, such as his brutal upbringing and a mental impairment caused by his childhood abuse of inhalants and other drugs.

On May 15, Arizona’s Supreme Court stayed his execution, originally set for that day, to allow a lower court to consider the argument that new clemency board members hadn’t received all the training required by state law. But last Friday, the court turned down his attorneys’ request for a second stay of execution, after a lower court ruled that there had been enough time for the training to be completed.

Also last Friday, Arizona’s Board of Executive Clemency denied Lopez’s bid for a commutation to life without parole. More than a dozen members of Holmes’ extended family spoke at the board hearing in favor of his execution.

A small group of protesters braved the heat Wednesday to demonstrate against the death penalty, but were kept away from the prison by state troopers.

Arizona death-row inmate wants his execution delayed until state has new governor – Samuel Villegas Lopez


Update, June 22 Source : http://www.azcentral.com

Arizona’s Board of Executive Clemency voted 4-0 Friday not to recommend clemency or a reprieve for convicted murderer Samuel Lopez, who is scheduled to be executed Wednesday.

Also on Friday, Arizona’s Supreme Court denied a request by Lopez’s attorneys for a stay of execution, leaving a pending appeal to the U.S. Supreme Court as his last chance for a reprieve.

Lopez was sentenced to death for the brutal murder of Estefana Holmes in central Phoenix in 1986. After a “terrible and prolonged struggle,” Lopez raped and sodomized her, stabbed her more than 23 times in the chest and head, and slashed her throat, according to court records.

The board’s vote followed impassioned pleas both for and against his execution.

“He didn’t just murder Essie, he murdered our family,” said Denise Evans, Holmes’s daughter-in-law, saying that her devastated husband drank himself to death after her killing.

More than a dozen members of Holmes’s family testified, most describing how the murders continue to affect them, and saying the execution would bring them closure.

“Why should he be allowed more time on this earth than our sister?” asked Sarah Arguijo Bryant.

Assistant Federal Public Defender Kelley Henry expressed her condolences, but told the board that because of poor lawyering, no court had heard the full story of Lopez’s poor and brutal upbringing, or of how his childhood abuse of various substances, as an escape, had left him mentally impaired. Neuropsychiatrist George Wood, describing that upbringing in clinical detail, said Lopez and his siblings essentially were brought up as “feral children.” He noted that two of Lopez’s brothers also faced the death penalty for their own crimes.

That background and impairment should have mitigated his sentence to life without parole, Henry said. Inevitably, when the death penalty is imposed “it’s not for the worst crime, it’s for the worst lawyer,” she said.

State prosecutors had provided the board members with color photos of Holmes and the murder scene. Board member Mel Thomas said he reviewed them closely before the hearing. “I tell you now, when I did this at home, I cried,” he said.

Lopez, who is being held at the Eyman state prison, did not take part in the hearing. He previously had been scheduled for execution May 15, but won a delay after the Arizona Supreme Court agreed that three new members of the clemency board hadn’t had adequate training when they first considered his bid for clemency last month. When Gov. Jan Brewer replaced three of the five board members, including the chairman, in April, the departing members said they had been ousted because she was unhappy with their votes to recommend clemency in certain cases.

Henry had sought another stay, arguing that the new members couldn’t give Lopez a fair hearing because they were improperly appointed and biased against him; but Friday the state supreme court denied her motion without comment. The U.S. Supreme Court had not acted Friday on a separate request for a stay filed by Lopez’s attorneys

June 20, 2012 Source :

PHOENIX — Attorneys for a death-row inmate set to be put to death in Arizona next week want the execution delayed until the state has a new governor, arguing in a Tuesday filing that Gov. Jan Brewer appointed “political cronies” to a clemency board in an unconstitutional, closed-door process.

In their filing in the Arizona Supreme Court, defense attorneys for death-row inmate Samuel Villegas Lopez argue that he can’t receive a fair hearing with the state’s clemency board, often an inmate’s last chance for mercy before an execution.

Brewer overhauled the board in April, a move that her spokesman Matt Benson said at the time was designed to “bring fresh insight and fresh blood” to the board.“The Arizona Supreme Court has already found these allegations to be without merit. The latest filing is more of the same,” Benson said in statement Tuesday evening. “Governor Brewer appropriately nominated qualified individuals to the Board of Executive Clemency, including a Democrat, and they were properly confirmed by the Arizona Senate. The governor and the Board of Executive Clemency have the right to defend themselves when named in a lawsuit in which spurious and sanctionable allegations are asserted.”

In their filing, Lopez’s attorneys argued that the new board members are “political cronies” appointed to ensure that they never vote for executions to be delayed or overturned.

The attorneys also argue that the selection committee for the new board members questioned potential members about how they would vote on controversial or high-profile cases in interviews that were closed to the public in violation of open-meetings laws.

“While the Governor may be free to appoint her political cronies to Arizona boards and commissions, and while political patronage may be an accepted part of Arizona government, the law at least requires that those actions be known to the public,” the filing said.

“Offensive to any reasonable notion of fairness, this denial of access to the clemency process would not have occurred in the sunlight of public scrutiny,” they wrote. “Mr. Lopez must now plead for mercy before a board constituted of a majority of members selected by that process.”

Lopez’s clemency hearing is set for Friday.

His attorneys also argue that statements made by Benson and newly appointed board Chairman Jesse Hernandez to reporters display clear bias against Lopez and a prejudgment of his request for mercy.

For instance, Benson told The Associated Press last month that defense attorneys were “attempting to further delay justice for the heinous crimes committed by their client 25 years ago.”

“Throwing together a host of trumped-up charges against a citizen board does not change that fact,” he said.

Hernandez has told the AP that the attorneys were “grandstanding” in filing a lawsuit against Brewer and the board in Maricopa County Superior Court over the new board members.

Hernandez did not immediately respond to a request for comment Tuesday.

The Arizona Supreme Court already delayed Lopez’s execution once, on May 15, to give the new clemency board members time to undergo four weeks of training before they held a hearing about Lopez’s fate.

The court granted the delay on the grounds that Lopez was denied a fair chance for clemency because a majority of the board members had not undergone the training. The court rescheduled the May 16 execution for June 27.

Lopez faces a lethal injection at a state prison in Florence for the 1986 murder of Estefana Holmes. The Phoenix woman was raped, robbed and stabbed in what authorities described as a “terrible and prolonged struggle.

ARIZONA – Samuel Villegas Lopez – Execution June 27, 2012 – 10:00 a.m


June 27, 2012 Source : http://tucsoncitizen.com

The U.S. Supreme Court late Thursday denied death-row inmate Samuel Lopez’s final appeal, clearing the way for his execution at 10 a.m. today in Florence.

Lopez’s attorney, assistant federal public defender Kelley Henry, said there will be no other efforts to block his execution. Lopez, 49, was convicted in 1987 of raping and murdering Estefana Holmes in her Phoenix apartment. On Friday, the Arizona Supreme Court also denied a stay, and Arizona’s Board of Executive Clemency denied a commutation bid.

His execution will be the first in which witnesses will watch, via closed-circuit TV, the insertion of the catheters that deliver the fatal drug pentobarbital. Attorneys for inmates in prior executions condemned the practice of inserting catheters into the prisoners’ groins. Officials said the executioners had found it difficult to find suitable veins in the arms and legs.

In earlier executions, witnesses only saw the prisoner after the catheters had been inserted.

June 26, 2012 Source : http://www.azcentral.com

A death-row inmate set to be executed in Arizona on Wednesday has lost his last appeal, clearing the way for the lethal injection to proceed.

The U.S. Supreme Court on Tuesday turned down a request from Samuel Villegas Lopez to delay his execution to consider arguments that his trial attorneys were incompetent.

June 6, 2012 Source : http://www.azcentral.com

ll executions carried out in Arizona are witnessed by members of the public and the media. But the witnesses only see the condemned prisoner as he says his last words and lapses into unconsciousness.

During the next execution, scheduled for June 27, the witnesses also will be able to watch as executioners insert the intravenous catheters that deliver the deadly drug into the prisoner’s veins.

Just last week, a federal judge in Phoenix denied requests by defense attorneys and the media to witness those preparations. A federal judge in Idaho denied a similar request from the media Tuesday.

But in a letter Wednesday to death-row prisoner Samuel Lopez, who faces execution June 27, Arizona Corrections Director Charles Ryan said that witnesses to the execution –– who generally include five members of the media — will be allowed to watch his catheter insertion via closed-circuit television.

The location of the catheters has been an ongoing court issue in the past several executions. The Department of Corrections frequently claims that its medical staff for executions are unable to find suitable veins in the arms or legs of the condemned prisoners, prompting them to surgically insert a line into prisoners’ groin areas.

During a March execution, a condemned man asked to speak to his attorney before the execution as the medical staff repeatedly stuck him without finding a vein, eventually putting the line into the femoral vein in his groin. He was not allowed to speak to the attorney and instead communicated with him by code during his last words.

Ryan has previously refused to allow anyone to view the process.

In May, judges at the 9th U.S. Circuit Court of Appeals questioned why Arizona media had not expressed its First Amendment right to witness the procedure.

A 2009 decision by the 9th Circuit ruled that the public has a right to witness all aspects of an execution. Only California and Ohio have allowed it until now.

Nonetheless, the Arizona Department of Corrections fought the motion to allow attorneys into the room to see the catheters inserted. The First Amendment Coalition of Arizona also asked to witness, but a U.S. District Court judge in Phoenix denied their motions.

The attorneys filed an appeal in the 9th Circuit on Wednesday morning asking that a prisoner’s attorneys be allowed to watch the procedure in order to gather evidence, regardless of whether he or she is invited as a witness by the prisoner.

But also Wednesday, Lopez received a note from Ryan informing him that the executioners will be using a single drug, pentobarbital, to carry out his execution, and that he could make a final statement to the witnesses. However, he was told that his microphone would be cut off if he made offensive statements.

A Department of Corrections spokesman said the note to Lopez speaks for itself.

In the last paragraph, Ryan told Lopez that the closed-circuit monitors in the execution chamber will be turned on as the IVs are inserted before the execution, and that there will be a live microphone in the room so that the witnesses can hear what is said during the procedure.

“Over the past two years, ADC stopped illegally importing the execution drugs, switched to a one-drug protocol and now is making the execution process more transparent. These are steps in the right direction,” said Assistant Federal Public Defender Dale Baich, who will witness Lopez’s execution as his guest. “ADC now recognizes that the entire execution process can be transparent and, at the same time, the anonymity of the medical personnel who carry out the executions can be protected.”

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.

Upcoming – Executions – June 2012


Update : June 20, 2012

Dates are subject to change due to stays and appeals

JUNE
05/06/2012

Henry Curtis Jackson

Mississippi EXECUTED 6:13 P.M
06.06.12

Bobby Hines

Texas STAYED
06/06/2012 Abdul Awkal Ohio Reprieve 2 weeks
12/06/2012 Jan Michael Brawner Mississippi  Executed  6:18 P.M.
12.06.12  Richard Leavitt Idaho Executed  10:25 A.M
20.06.12 Gary Carl Simmons Mississippi  Executed   6:16 p.m
27/6/2012 Samuel Villegas Lopez Arizona  


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.