Supreme Court won't hear Missouri execution case

ST. LOUIS | The U.S. Supreme Court refused Monday to hear a case questioning the constitutionality of Missouri's death penalty method, and Missouri Attorney General Chris Koster said he would now seek an execution date for a convicted killer.

The top court's ruling was the last legal hurdle to resuming executions in Missouri, Koster said. He asked the state Supreme Court to set an execution date for Joseph Franklin, a white supremacist responsible for several killings, including the sniper shooting of a man outside a suburban St. Louis synagogue in 1977.

"Today's decision clears up any lingering ambiguities related to the constitutionality of Missouri's death penalty protocols," Koster said in a statement. "Legal hurdles have held the imposition of justice in Missouri in abeyance for 12 months. With today's ruling, these hurdles have been set aside."

Jennifer Herndon, an attorney for several death row inmates, disagreed. She said another lawsuit questioning the legality of Missouri's fatal three-drug cocktail is still pending before the U.S. Supreme Court.

"Our position is we have another lawsuit pending that is in the middle of discovery, and now is not the time to resume executions," Herndon said.

Beth Riggert, a spokeswoman for the Missouri Supreme Court, said there was no way to predict if or when the court would set an execution date for Franklin.

The lawsuit filed by death row inmate Reginald Clemons and joined by Franklin and several others on Missouri's death row challenged the training and competence of Missouri's execution team.

In 2006, a federal judge declared Missouri's lethal injection process unconstitutional after the surgeon who was overseeing executions testified he sometimes transposed numbers and operated without written procedures or supervision.

Mistakes, the lawsuit argued, could result in prisoners being insufficiently anesthetized and cause undue harm and suffering during the execution process.

The state Department of Corrections responded by adopting written procedures detailing the precise amounts and order of the chemicals to be injected. A federal judge upheld the protocol in 2008, and the state Supreme Court later upheld the process by which Missouri adopted the execution procedures.

In November, a three-judge appeals court panel rejected the lawsuit. The Supreme Court's decision not to hear it essentially ended the case.

Missouri executed 66 men from 1989 through 2005. There has been just one execution since then while lawsuits over the protocol were pending.

Franklin, now 60, was convicted in 1997 for shooting and killing Gerald Gordon, who was standing in the parking lot of a St. Louis area synagogue after a bar mitzvah. Franklin also was convicted of shooting two other men who were in the synagogue parking lot. They survived.

While Franklin could be executed for his crimes in Missouri, he also was convicted in the murder of two African-Americans in Utah, the murder of an interracial couple in Wisconsin and the bombing of a synagogue in Tennessee. He has claimed responsibility for the 1978 shooting of Larry Flynt, publisher of Hustler magazine.

Source: KansasCity.com, June 28, 2010

Comments

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin. Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Hanging, confinement and the sentencing debate India won’t have

Ask anybody what a “death sentence” in India actually means, and the honest answer is that it can mean three quite different things. It can mean the noose—hanging by the neck until death; it can mean permanent confinement in jail—a term the courts now call imprisonment for the remainder of one’s natural life, and, far more often than either of the first two, it can simply mean delay in delivery of justice—a death sentence that is neither carried out nor commuted, waiting for completion of investigation, trial before the sessions court, hearing of a confirmation proceeding in a high court, appeal against conviction in the Supreme Court, or hearing of a mercy petition nobody has decided for years, sometimes for decades, until age or illness does what the state never got around to doing itself.

Death Penalty News

Search This Blog