Skip to main content

Alabama and capital punishment 2017: From the execution chamber to legislature

Holman prison, Alabama
With both arms strapped to a gurney convicted cop-killer Torrey McNabb raised both middle fingers and told the state of Alabama "I hate you mother****ers" just before he was shot up with a lethal combination of drugs on Oct. 19.

Whether it was from the execution chamber at Hollman Correctional facility in Atmore, or inside the state legislature, the death penalty continued to make news across Alabama in 2017.

Alabama also continued to be an outlier from the national downward trend of states executing inmates, according to one national report.

Of the nation's 23 executions this year, 75 percent took place in four southern states: Texas, Arkansas, Florida, and Alabama.

Texas had seven executions, Arkansas four, and Florida tied Alabama each had three executions - McNabb, Tommy Arthur, and Robert Melson.

McNabb was convicted of the 1997 murder of Montgomery police officer Anderson Gordon. Arthur, known as the "Houdini of Death Row" for avoiding seven previous executions through legal maneuvers for his conviction in a 1982 murder-for-hire, was executed May 25. Melson, who was convicted in the 1994 triple slaying at a Gadsden fast-food restaurant, was executed June 8.

And Alabama is set to execute two more in early 2018.  

According to report from the Death Penalty Information Center, a nonprofit organization that researches the death penalty and provides public information on the issues surrounding executions, 81 executions were scheduled in 2017 across the nation, but 58 were never carried out.

"Across the political spectrum, more people are coming to the view that there are better ways to keep us safe than executing a handful of offenders selected from a random death-penalty lottery," said Robert Dunham, the group's executive director. "There will be times when numbers fluctuate - particularly following historic highs or lows - but the steady long-term decline in the death penalty since the 1990s suggests that in most of the country, the death penalty is becoming obsolete."

The report also notes a Gallup Poll from October that shows 55 percent support for capital punishment across the nation, the lowest since March 1972.

DPIC says it does not take a position for or against capital punishment. 

Legislation


Alabama did change the way it handled death penalty cases in 2017 - viewed as good or bad depending on where you stand on capital punishment.

Earlier this year, Gov. Kay Ivey signed into law a bill that said juries, not judges, have the final say on whether to impose the death penalty in capital murder cases--a policy every state but Alabama had already done away with. Because of that law, judges can no longer override a jury's recommendation, whether the jury recommends life in prison or the death penalty. The law does not apply retroactively to prisoners already awaiting execution. The center stated in its report that an estimated 20 percent of all Alabama death sentences had been the product of judicial overrides.

Alabama is still the only state to allow a non-unanimous jury to impose the death penalty-- under state law, a jury can send an inmate to death row on a vote of 10-2, which the DPIC refers to as an "outlier practice."

Shortly after the judicial override bill was passed, the legislature enacted the "Fair Justice Act" to expedite executions by reducing inmates' access to appellate courts. The act shortens time allowed for death-penalty appeals and has gained criticism from death row exonerees, like Anthony Ray Hinton, and defense attorneys across the state.

Hinton said he believes if the Fair Justice Act had been enacted years ago he would have been executed before he was released in 2015 after new tests on the murder weapon in his case could not connect him to the slayings of two fast-food managers in the 1980s.

Alabama's death chamber
Information from the DPIC says eight states carried out 23 executions during 2017, which is half the number of seven years ago and the second lowest total execution number since 1991. The federal government and 14 states sought to impose 39 new death sentences this year: The second lowest annual total since 1972. This year was also the seventh concurrent year fewer than 100 death sentences were ordered across the county.

According to information listed on the Alabama Department of Corrections website, there have been 26 inmates put to death in the state in the past decade. In 2016, there were two after a more than two-year hiatus due to legal wrangling and attempts to get a new source of execution drugs. 

And Alabama has scheduled executions for two inmates in 2018: Vernon Madison on Jan. 25, and Doyle Lee Hamm on Feb. 22. 

In November, the U.S. Supreme Court ruled Madison-- who claimed to be mentally incompetent and was granted a stay of execution in 2016-- can be executed.

Madison, 66, is one of the state's longest-serving death row inmates. He was convicted in the April 1985 slaying of Mobile police officer Cpl. Julius Schulte.

In May 2016, Madison was set to die by lethal injection, but hours after the scheduled execution the U.S. Supreme Court issued a ruling upholding a lower court's stay.

Last month, the U.S. Supreme Court unanimously reversed that decision, meaning Madison is competent and can be executed.

Hamm, 60, has been in prison since December 1987. He was convicted in the murder of Patrick Cunningham, an employee of Anderson's Motel in Cullman who was killed during a robbery.

Attorney Bernard E. Harcourt, Hamm's lawyer and a professor of law and political science at Columbia, said earlier this month when the execution date was announced that Hamm is terminally ill and that execution would constitute "cruel and unusual punishment." Hamm has been battling cranial and lymphatic cancer for over three years, his attorney said. According to documents filed by Harcourt, treatment for the illness has compromised Hamm's veins, and lethal injection would likely cause "cruel and needless pain."

"What we're litigating right now is the specific venous protocol for lethal injection as applied to Doyle's situation, given his lymphatic cancer, rather than the general cruelty of the drug cocktail in Alabama," Harcourt wrote. "Overall, I have to say, it's inhumane to execute somebody who's at the end of his life suffering and battling with cancer."

The DPIC report also noted the Alabama case of death row inmate James McWilliams, McWilliams v. Dunn, in which the U.S. Supreme Court ruled that its case precedent gave an indigent defendant the right to an independent mental-health expert to assist in evaluating, preparing, and presenting his defense. The Court held that Alabama had violated McWilliams's right to due process when the trial court denied his lawyer's request to consult with an expert to review mental-health records about his client that had been produced on the eve of the penalty-phase hearing, according to the report.

Source: AL.com, Ivana Hrynkiw, December 29, 2017


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Comments

Most viewed (Last 7 days)

Tennessee executes Harold Wayne Nichols

Thirty-seven years after confessing to a series of rapes and the murder of Karen Pulley, Nichols expressed remorse in final words Strapped to a gurney in the execution chamber at Riverbend Maximum Security Institution Thursday morning, Harold Wayne Nichols made a final statement.  “To the people I’ve harmed, I’m sorry,” he said, according to prison officials and media witnesses. “To my family, know that I love you. I know where I’m going to. I’m ready to go home.”

China | Former Chinese senior banker Bai Tianhui executed for taking US$155 million in bribes

Bai is the second senior figure from Huarong to be put to death for corruption following the execution of Lai Xiaomin in 2021 China has executed a former senior banker who was found guilty of taking more than 1.1 billion yuan (US$155 million) in bribes. Bai Tianhui, the former general manager of the asset management firm China Huarong International Holdings, was executed on Tuesday after the Supreme People’s Court approved the sentence, state broadcaster CCTV reported.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Iran | Child Bride Saved from the Gallows After Blood Money Raised Through Donations, Charities

Iran Human Rights (IHRNGO); December 9, 2025: Goli Kouhkan, a 25-year-old undocumented Baluch child bride who was scheduled to be executed within weeks, has been saved from the gallows after the diya (blood money) was raised in time. According to the judiciary’s Mizan News Agency , the plaintiffs in the case of Goli Kouhkan, have agreed to forgo their right to execution as retribution. In a video, the victim’s parents are seen signing the relevant documents. Goli’s lawyer, Parand Gharahdaghi, confirmed in a social media post that the original 10 billion (approx. 100,000 euros) toman diya was reduced to 8 billion tomans (approx. 80,000 euros) and had been raised through donations and charities.

Who Gets Hanged in Singapore?

Singapore’s death penalty has been in the news again.  Enshrined in law in 1975, a decade after the island split from Malaysia and became an independent state, the penalty can see people sentenced to hang for drug trafficking, murder or firearms offenses, among other crimes. Executions have often involved trafficking under the Misuse of Drugs Act, with offenses measured in grams.  Those executed have included people from low-income backgrounds and foreign nationals who are sometimes not fluent in English, according to human rights advocates such as Amnesty International and the International Drug Policy Consortium. 

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

USA | Should Medical Research Regulations and Informed Consent Principles Apply to States’ Use of Experimental Execution Methods?

New drugs and med­ical treat­ments under­go rig­or­ous test­ing to ensure they are safe and effec­tive for pub­lic use. Under fed­er­al and state reg­u­la­tions, this test­ing typ­i­cal­ly involves clin­i­cal tri­als with human sub­jects, who face sig­nif­i­cant health and safe­ty risks as the first peo­ple exposed to exper­i­men­tal treat­ments. That is why the law requires them to be ful­ly informed of the poten­tial effects and give their vol­un­tary con­sent to par­tic­i­pate in trials. Yet these reg­u­la­tions have not been fol­lowed when states seek to use nov­el and untest­ed exe­cu­tion meth­ods — sub­ject­ing pris­on­ers to poten­tial­ly tor­tur­ous and uncon­sti­tu­tion­al­ly painful deaths. Some experts and advo­cates argue that states must be bound by the eth­i­cal and human rights prin­ci­ples of bio­med­ical research before using these meth­ods on prisoners.