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)

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Tennessee | Man set to be executed files motion claiming DNA evidence will exonerate him

MEMPHIS, Tenn. — Attorneys for death row inmate Tony Carruthers filed a motion in Shelby County Criminal Court seeking immediate DNA testing on evidence they claim will prove his innocence in a 1994 triple murder.  Carruthers is scheduled for execution on May 12. He was convicted and sentenced to death for the kidnapping and murders of 24-year-old Marcellos Anderson, 17-year-old Delois Anderson, and 21-year-old Frederick Scarborough. Prosecutors at trial alleged the victims were buried alive in a Memphis cemetery as part of a drug-related robbery.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Florida | Man avoids death penalty in Daytona Beach triple murder

Jerome Anderson shot and killed Antoine Melvin, 42, John Burch, 65, and Patrick Lassiter, 35, in 2023. A man pleaded no contest to a triple-murder in Daytona Beach and was sentenced April 20 to three consecutive life terms in prison as part of a plea deal in which he avoided a possible death sentence. Jerome Anderson, 41, was indicted on three counts of first-degree murder and possession of a firearm by a convicted felon in the 2023 triple-slaying. Anderson pleaded no contest to the three first-degree murder charges April 20 and, in exchange, Assistant State Attorney Andrew Urbanak agreed not to continue to pursue the death penalty.