Executions Debated as Missouri Plans One

KANSAS CITY, Mo. — Officials in this state are preparing to execute a prisoner for the first time since 2005, when criticisms about the state’s lethal injection method emerged and one doctor who carried out executions acknowledged being dyslexic and sometimes “improvising” when it came to the amounts of chemicals he administered.

That doctor will no longer take part, and a United States Supreme Court ruling last year upheld a lethal injection procedure similar to the one Missouri will use, but some lawmakers, including some prominent Republicans, say they have lingering questions about the state’s system of capital punishment.

The focus of those questions has shifted some, no longer centering on the method of execution but turning toward which prisoners are condemned and which are not, and whether those choices make sense.

“I still favor the death penalty, but I just want to make sure we put the right people to death,” said State Representative Bill Deeken, a Republican, explaining why he last week proposed delaying the death penalty for two years more until a study can determine whether it is meted out fairly in this state. “At this point, we just do not know.”

In 2006, a federal judge had found the state’s methods so chilling that he ordered a stop to executions — and a remaking of the system here — until state officials issued a protocol for lethal injection that satisfied him.

At 12:01 a.m. Wednesday, Dennis J. Skillicorn (pictured) is to be executed for his role in the murder of Richard Drummond, a businessman who had offered help to Mr. Skillicorn and two others when he saw their car broken down on the side of a road one night in August 1994. Mr. Drummond was forced to drive to a remote area, then was shot and killed, and the men drove away in his car.

In the final days of the state legislative session in Jefferson City last week, a death penalty moratorium was rejected, but the House, which Republicans control, passed a provision calling for a commission to study the question. The Senate, also controlled by Republicans, did not vote on the issue.

House leaders say their chamber’s vote sent a signal to Gov. Jay Nixon, a Democrat in his first term, who has yet to issue a decision on Mr. Skillicorn’s request for clemency.

People here are deeply split over Mr. Skillicorn. His supporters say that while he participated in robbing Mr. Drummond and was convicted of murder, another man (now also awaiting execution) was the one who fired the gun that killed Mr. Drummond. They point to Mr. Skillicorn’s work in prison leading a hospice program, editing a magazine for death row inmates, and, in the view of even some prison workers, helping to create a calmer, safer atmosphere behind bars.

“He is not the one who actually killed the person, and that just says to me: ‘Whoa! Let’s take a step back,’ ” said State Representative Steven Tilley, the Republican leader. “Look, I’m not soft on crime, but we can’t redo this once we’ve executed this person,” Mr. Tilley said, adding that he has been a supporter of the death penalty, but fears it is flawed as it is being carried out.

But State Representative Bob Nance of Excelsior Springs, the community not far from Kansas City where Mr. Drummond had lived, said Mr. Skillicorn “should hardly be held up as a poster child for what’s wrong with the death penalty.”

Mr. Skillicorn was implicated for his involvement in other murders — though never, he says, as the gunman. He was convicted of second-degree murder in a 1979 burglary with accomplices in which a farmer was killed. And in the days after Mr. Drummond’s death, he and his accomplice went on a cross- country spree and, the authorities say, his accomplice shot and killed an Arizona couple. Mr. Skillicorn pleaded guilty to murder in that case.

“When we look back on our lives, it is the sum of all the stories,” Mr. Nance said, “and frankly, it’s hard to believe someone would be at the wrong place at the wrong time so many different times.”

On Monday, the State Supreme Court rejected a request for a stay, and lawyers for Mr. Skillicorn filed a similar request with the United States Supreme Court. They have three other appeals pending in the federal courts, and met on Monday with counsel to Mr. Nixon, who previously served as attorney general.

Mr. Nixon declined interview requests. His aides said he was giving Mr. Skillicorn’s clemency request “a full and fair review.”

Mr. Skillicorn, 49, had by last week been transferred to the facility at Bonne Terre where executions take place. In a telephone interview, he said he was sorry for his drug-addled behavior of years past, but that he considered his death sentence arbitrary in a way, and said that he was not the worst of the worst. “I was there,” he said, “But in my case, I didn’t kill anybody.”

He said he was drawing strength from his wife, a former reporter for The Kansas City Star who met him after he was behind bars, and from his religious faith, a notion he was quick to note some people will find phony. “What good would it do me now,” Mr. Skillicorn said of his faith, “if it wasn’t real to me?”

Source: The New York Times, May 19, 2009