Suicidal death row inmate Brandon Rhode denied stay of execution

Brandon Rhode recovering after
suicide attempt

A federal judge Thursday denied a condemned inmate's request for a stay of execution so an investigation can be carried out to find out how he got razor blades and used them to try to commit suicide hours before his scheduled execution on Tuesday.

But U.S. District Judge Bill Duffey ordered the Department of Corrections to make sure Brandon Rhode is no longer a danger to himself. The DOC's existing protections did not prevent him from seriously injuring himself, the judge noted.

Rhode, convicted of a triple murder, is now scheduled to be put to death by lethal injection at 7 p.m. Friday.

Duffey ordered the DOC to search Rhode's cell for all razors, belts or T-shirts and to remove them if any are found. 2 guards -- and not the guards who were assigned to watch him when he tried to kill himself -- must continuously observe Rhode, the judge said.

During a Thursday morning hearing, Rhode's lawyer, William Montross, said guards gave two razor blades to Rhode before he tried to commit suicide. Montross asked Duffey to delay the execution so an investigation can be conducted to find out what happened.

Joe Drolet, a lawyer for the state attorney general's office, opposed the request and disputed the allegations, saying Rhode had only 1 razor blade.

Rhode had concealed the razor blade he used to cut his neck and arms while lying under a blanket, Drolet said. At that time, he was being observed by guards, but they could not see what was happening under the blanket and took action when they saw blood. "There's not a pattern of recklessly handing out razors to suicidal death row inmates," he said.

Duffey said he was very troubled by what happened. "What I've seen so far is not only disturbing to the court, it's disturbing to the public."

In his order, Duffey said he was denying the stay because his instructions to keep Rhode safe protect him from cruel and unusual punishment before his execution. Rhode's lawyers are appealing.

Rhode sits on death row for killing 37-year-old Steven Moss and his 11-year-old son Bryan and 15-year-old daughter Kristin in 1998. They were killed after Bryan interrupted Rhode and a co-defendant during a burglary of the family's Jones County home.

Separately, Rhode's lawyers are asking a state court judge to delay the execution, contending Rhode has been subjected to inhumane treatment since his suicide attempt. After being returned to prison, he was placed in a "torture chair" with tight straps that put him in severe pain. He was later put into shackles and restraints that were so painful he asked to be returned to the chair, the filing said.

Source: Atlanta Journal-Constitution, September 23, 2010

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