Montana State Prison

Lawyer for Canadian man on death row in Montana says U.S. ‘in the waning days’ of capital punishment

Smith originally asked for and was sentenced to death but later changed his mind and has been fighting execution ever since. He has had a number of execution dates set and overturned.

CALGARY—A lawyer for a Canadian on death row in Montana believes it’s only a matter of time before the death penalty in much of the United States is abolished and his client will be free to return home.

Ronald Smith, 60, is originally from Red Deer, Alta., and has been on death row since 1983 for fatally shooting Harvey Madman Jr. and Thomas Running Rabbit while he was high on LSD and alcohol near East Glacier, Mont.

He originally asked for and was sentenced to death but later changed his mind and has been fighting execution ever since. He has had a number of execution dates set and overturned.

“Last year, I think we’ve only had 20-some executions and those are really isolated to only three or four states, and only three or four counties in those states.

“Most of the United States has moved beyond this and there comes a time where the courts are going to say this is in fact cruel and unusual punishment.”

Lethal injection has been the sole method of execution in Montana since 1997. It is the only state that specifies the death penalty must be accomplished by an “ultra-fast-acting” barbiturate.

Executions in Montana have been on hold since 2008 when the civil liberties union filed legal action that argued that the sedative pentobarbital, which was being proposed by the state as a replacement for the previously used sodium pentothal, could lead to an “excruciating and terrifying” death.

District Court Judge Jeffrey Sherlock sided with the civil liberties group and rejected an appeal by the state of Montana.

Sherlock has now sanctioned the state over its year-long delay in complying with a court order to turn over documents that could reveal if there was manipulation of an expert witness.

The group questioned whether the testimony of Roswell Evans was manipulated at trial to bolster the state’s unsuccessful claim that pentobarbital was suitable for executions.

“We’ve got some emails and we’re now looking at those and trying to ascertain what else is there,” Waterman said. “They’re going to make us unpack this whole thing piece by piece so they’re not going to go easily.

“I don’t know that it’s going to have any direct or immediate impact on the case itself.”

Waterman said it is more a case over legal fees and whether Montana acted in a vexatious manner.

As for Smith’s future, Waterman doesn’t see the current ban on executions in Montana changing any time soon. It would require a new statute being introduced and adopted by both sides of the legislature and would have to be signed by the governor.

“They didn’t change the statute during the last legislative session so the next time up is 2019. I’m not hearing anybody really being that keen about changing (it).”

The Canadian government officially intervened on Smith’s behalf last year when it asked Gov. Steve Bullock to grant him clemency.

“My hope would be ultimately that we can find clemency for Ron so that he can move back to Canada,” Waterman said.

“If the death penalty is abolished he would be eligible to be moved right away.”

Final brief on lethal injections with judge; could affect fate of Ronald Smith

february 21, 2014

CALGARY – A ruling by a Montana judge is a step closer on whether the state can take a shortcut in its attempt to get approval to change the way it carries out executions.

Ron Waterman, lead lawyer for the American Civil Liberties Union, says the group has filed its final brief in a court challenge that could ultimately affect the fate of Canadian Ronald Smith.

Smith, originally from Red Deer, Alta., is on death row in Montana State Prison in Deer Lodge for murdering two men in 1982.

The civil liberties group filed a lawsuit in 2008 on behalf of Smith and another death-row inmate that argued the lethal injections used in state executions are cruel and unusual punishment and violate the right to human dignity.

Montana District Court Judge Jeffrey Sherlock ruled in September 2012 that the injections were unconstitutional. He pointed to a lack of training for individuals who administer the drugs and a discrepancy over whether two or three drugs should be used. He also questioned the method used to determine if an inmate is actually unconscious before receiving an injection.

His ruling gave hope to Smith.

But the Montana government convinced Sherlock to hear arguments from the state, which wants to bypass a requirement it would normally have to fill before getting the legislature’s approval to change the way executions are carried out.

The case has been dragging on ever since.

“They want to change the rules without going through the legislature and we’re saying not only can’t you change the rules without going through the legislature, but the way in which you changed the rules was totally incorrect,” Waterman said from Helena, Mont., in an interview with The Canadian Press on Friday.

“You have to go through a rule-making process, which means giving notice to the public, giving opportunities to be heard before adopting a rule.”

It’s now in the hands of Sherlock.

“This is the final briefing. This now puts all of those issues before the district judge and the judge will render a decision maybe within a couple of months — sometime in March or April,” Waterman said.

Smith, was convicted in 1983 for shooting Harvey Madman Jr. and Thomas Running Rabbit, while he was high on drugs and alcohol near East Glacier, Mont.

He had been taking 30 to 40 hits of LSD and consuming between 12 and 18 beers a day at the time of the murders. He refused a plea deal that would have seen him avoid death row and spend the rest of his life in prison. Three weeks later, he pleaded guilty. He asked for and was given a death sentence.

Smith later had a change of heart and has had a number of execution dates set and overturned.

MONTANA – Canadian on death row deserves to live: co-accused – Rodney Munro

june 3, 2012 Source :http://www.ctv.ca

A man who was convicted along with Ronald Smith in the murder of two Montana men 30 years ago says his former partner-in-crime saved his life and deserves to live.

Rodney Munro, in an exclusive interview with The Canadian Press, has ended decades of silence and is speaking out in defence of Smith, 54, who sits on death row and whose fate is now in the hands of Montana Gov. Brian Schweitzer.

“I thank God everyday for him,” Munro said about Smith in a telephone interview from his home in a quiet community in Western Canada.

On Aug. 4, 1982, Smith and Munro were hitchhiking in Montana when they caught a ride with Harvey Madman Jr. and Thomas Running Rabbit. Smith and Munro marched the two men into the woods and shot and stabbed them to death.

Both Canadians were charged with murder. Smith pleaded guilty to two charges of deliberate homicide and two charges of aggravated kidnapping in February 1983 and requested the death penalty. He rejected a plea deal offered by prosecutors which would have given him life in prison.

He later changed his mind and asked the District Court to reconsider the death penalty. That led to three decades of legal wrangling which is almost at an end.

Munro accepted the plea bargain and pleaded guilty to aggravated kidnapping. He was sentenced to 60 years in prison but was returned to Canada and released in 1998.

“It’s because of Ron that I’m out and doing as well as I am,” Munro said. “Because of what he said in court, I didn’t get the death penalty. And because of that I had a chance of actually getting out and trying to make something of myself.

“He saved my life.”

The Montana Board of Pardons and Parole has recommended that Smith not be granted clemency, even though he was described as a model prisoner during his 30 years at Montana State Prison at a hearing last month.

There was emotional testimony from both sides. Smith’s friends and family said he is a changed man who has rehabilitated himself. But the families of the victims said he deserves no mercy.

The state attorney downplayed Munro’s role in the killings and said it was Smith alone who should pay the ultimate price.

But Munro, who still speaks with Smith by phone every couple of weeks, said he was equally to blame and feels guilt about the murders.

“When you’re involved in what we were involved in, how can you not feel it? We put ourselves in a spot and two guys ended up dead and I think about it all the time,” he said quietly.

“They don’t want to know (about my role). That just brings up that he’s not the monster.

“I hate to say it this way, but it makes them feel better to think they’re killing a monster other than who he is.”

The two men had been taking 30 to 40 hits of LSD and consuming between 12 and 18 beers a day at the time of the murders.

Munro said he and Smith became friends after hanging out in the same circles and through mutual acquaintances.

“We could have been the Bobbsey twins. We kind of connected with each other and away we went. Our life revolved around booze, drugs and partying, and that’s just not who we are any more.”

Now married, employed and free of drugs and alcohol, Munro said he’s sad about what is happening to Smith.

He is also angry that the Canadian government’s support of Smith has been less than enthusiastic.

But Munro is hopeful that Schweitzer will have the political will to spare his friend’s life.

“Ron is not even close to the man he used to be. The guy has learned his lesson. I think we all have.”

Smith told his clemency hearing that he was “horrendously sorry” for his actions.

“I do understand the pain and suffering I’ve put you through,” he said to the victims’ relatives. “It was never my intent to cause any suffering for anybody. I wish there was some way I could take it back. I can’t.”

Munro wanted to send his own message to the families.

“We are just so sorry that this ever happened. If we could change it, we would, but how do you change the past?” he said.

“I think about it everyday and it’s what keeps me on the straight and narrow, making sure nothing like this will ever happen again.”