Bush OKs execution of Army death row prisoner

WASHINGTON - President Bush on Monday approved the execution of an Army private, administration officials said. It was the first time in over a half-century that a president has affirmed a death sentence for a member of the U.S. military.

Unlike in the civilian courts, a member of the U.S. armed forces cannot be executed until the president approves the death sentence. Gray has been on death row at the U.S. Disciplinary Barracks at Fort Leavenworth, Kan., since April 1988.

President Kennedy was the last president to stare down this life-or-death decision. On Feb. 12, 1962, Kennedy commuted the death sentence of Jimmie Henderson, a Navy seaman, to confinement for life.

The death penalty was outlawed between 1972 and 1984, when President Reagan reinstated it.

In civilian courts in North Carolina, Gray pleaded guilty to two murders and five rapes and was sentenced to three consecutive and five concurrent life terms.

The court-martial panel convicted Gray of:

_Raping and killing Kimberly Ann Ruggles, a civilian cab driver in Fayetteville. She was bound, gagged, stabbed repeatedly, and had bruises and lacerations on her face. Her body was found on the base.

The six-member court-martial panel returned its unanimous verdict after about two hours of deliberations. The panel also reduced Gray from Spec. 4 to private, forfeited all his pay and ordered him to be dishonorably discharged from the Army.

Bush got the secretary of the Army‘s recommendation to approve Gray‘s death sentence in late 2005. Since then, it‘s been under review by the Bush administration, including the White House legal counsel.

The court ruled in April to uphold the most common method of capital punishment used across the United States. The justices said the three-drug mix of lethal-injection drugs used by Kentucky and most other states does not constitute cruel and unusual punishment. The ruling in the case of Baze v. Rees cleared the way for a resumption of executions nationwide.

It was unclear where Gray would be executed. Military executions are handled by the Federal Bureau of Prisons.

Bush‘s decision, however, is not likely the end of Gray‘s legal battle. Further litigation is expected and these types of death sentence appeals often take years to resolve.

The military also has asked Bush to authorize the execution of Dwight J. Loving, who has been at Fort Leavenworth, Kan., since 1989 after being convicted of killing two taxicab drivers while he was an Army private at Fort Hood, Texas. But that request is not yet ripe for a presidential decision. The White House declined to discuss the case.

Source: Associated Press

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