Death row inmate Edmund Zagorski died at 7:26 p.m. CDT on Thursday after Tennessee prison officials electrocuted him with the electric chair. He was 63.
He is the 134th person put to death by Tennessee since 1916 and the second person this year after Billy Ray Irick’s execution by lethal injection on Aug. 9. He is the first person in Tennessee to die by electric chair since Daryl Horton's execution in 2007.
Zagorski was convicted in the April 1983 murders of John Dale Dotson, of Hickman County, and Jimmy Porter, of Dickson. Prosecutors argued Zagorski lured them into the woods in Robertson County with the promise to sell them marijuana, and then he shot them, slit their throats and stole their money.
As dark clouds loomed over Riverbend Maximum Security Institution in Nashville and the sunset changed the sky from bright pink to black, a police-escorted van arrived. Eight people believed to be family members of the victims entered the prison to witness the execution.
They waited in front of a large covered window that looked into the execution chamber where, on the other side of the glass, Zagorski sat pinned in the electric chair, held down by buckles and straps with electrodes fastened to his feet.
The blinds opened for the rest of the witnesses to see Zagorski dressed in his cotton clothes, smiling at the group.
Zagorski then said his last words: "Let’s rock."
The execution
He sat in the wired chair as prison staff placed a wet sponge that had been soaked in saline solution, and metal helmet on his freshly shaved head. He continued smiling, but grimaced each time drops ran down his face.
Zagorski raised his eyebrows, appearing to be communicating to his attorney, Kelley Henry. She sat while nodding and tapping her heart, looking at Zagorski.
“I told him, when I put my hand over my heart, that was me holding him in my heart,” Henry told The Tennessean. She said Zagorski smiled, to encourage her to smile back.
Then his head was covered with a black shroud so the witnesses couldn't see his face as electricity jolted through his body.
The warden gave the signal to proceed. Zagorski lifted his right hand several times in what looked like attempts at a wave, before he clenched his hands into fists as the first charge of 1,750 volts of electricity was sent through his body for 20 seconds.
Henry said both pinkies appear to either be dislocated or broken due to the force with which he pulled against the straps. She also said there were signs that Zagorski was breathing during a short pause before the second jolt was administered for 15 seconds.
The doctor overseeing the death appeared in view to check on Zagorski.
Zagorski was dead. The blinds into the chamber closed.
Ten minutes later, the victims' families exited the building and drove away in the van without speaking publicly.
"First of all I want to make it very clear I have no hard feelings. I don’t want any of you to have this on your conscience, you are all doing your job, and I’m good," Zagorski said before he was taken from his cell to the execution chamber, according to Henry.
"It was very important to him that this not be a day of sadness for us," she said. "He very much wanted a light mood, and he was in a light mood every time I saw him."
His request to die by electric chair saved his life — at least for a few weeks, when Gov. Bill Haslam granted reprieve three hours before his scheduled execution on Oct. 11.
The move bought the state time to prep the chair during last-minute legal wrangling.
Zagorski requested death by electric chair with hope that death would come instantaneously — the “lesser of two evils” compared to lethal injection, argued Henry.
According to a doctor who reviewed Irick’s execution, Irick felt searing pain akin to torture before his death. Experts argue that inmates experience the feeling of “drowning and burning alive at the same time” that reportedly comes with lethal injection.
Questions of if and how Zagorski’s death would play out continued to swirl over the past month.
During his 1984 murder trial, the then-28-year-old Zagorski told his defense team he wanted the death penalty and forbid them to contact his family or dig into his past, according to documents from the Tennessee Supreme Court.
But once on death row, Zagorski changed this mind. Thirty-four years and 22 appeals later, he and his new defense team fought for a last-minute court decision to save his life, claiming his trial attorneys made errors in representing him.
On Oct. 10, the U.S. 6th Circuit Court of Appeals issued a stay. The state responded the next morning and asked the U.S. Supreme Court to deny a stay and allow the execution to move forward.
Zagorski had asked the federal court to to force the state to use the electric chair for his execution — the state initially refused and planned to move forward with lethal injection but District Judge Aleta Trauger ruled that afternoon that the state could not use lethal injection until Zagorski's claim had been heard.
Trauger's ruling likely triggered Haslam’s move for reprieve.
The Supreme Court’s statement said Justice Sonia Sotomayor was the dissenting voice on Thursday, noting Zagorski’s difficult decision in opting for the electric chair.
“He did so not because he thought that it was a humane way to die, but because he thought that the three-drug cocktail that Tennessee had planned to use was even worse,” Sotomayor said in the statement. “Given what most people think of the electric chair, it’s hard to imagine a more striking testament — from a person with more at stake — to the legitimate fears raised by the lethal-injection drugs that Tennessee uses."
Sotomayor has previously expressed her discomfort with lethal injection as a method of execution.
“His eleventh-hour decision to accept the electric chair as a marginally less excruciating alternative does not undermine, as a matter of logic, his contention that both Tennessee’s lethal-injection protocol and the electric chair are cruel and unusual in violation of the Eighth Amendment.”
An unheard childhood
Zagorski grew up poor in Tecumseh, Michigan, about an hour southwest of Detroit, according to an appeal filed to the Tennessee Supreme Court in 1998.
His father played little role in his life, and his mother, impaired by a brain injury, had wanted a daughter, according to the appeal.
He could not read or write between the ages of 8 and 10. He developed a stutter.
He had no eyeglasses for a time, despite having poor vision.
At an early age, he was exposed to drugs and alcohol.
Zagorski had “minor skirmishes with the law as a juvenile and federal drug convictions as an adult,” the appeals documents show, but had no convictions for violent crime before the murders of John Dale Dotson and Jimmy Porter in April 1983.
If the jurors had known this, Zagorski and his team argued, it would have kept him from the death penalty.
A 'calculated' murder
On April 23, Dotson was making plans with his friend Porter to meet a man he knew as Jesse Lee Hardin to buy 100 pounds of marijuana.
Posing as Hardin, Zagorski told Dotson he’d worked as a mercenary in South America and a stint drilling for oil near New Orleans.
Though not more than acquaintances, the men agreed to meet Zagorski, and authorities later found their bodies in a secluded, wooded area near Interstate 65 in Robertson County.
When her husband didn’t return home after the meeting, Marsha Dotson said she knew immediately something had happened. Although search efforts began right away, the bodies of Porter and Dotson weren't found for about two weeks.
There was a national manhunt for Zagorski. He was eventually spotted in Ohio and was apprehended after a shootout with police.
The inmate’s statements about his time in South America could never be verified, according to Sumner County District Attorney Ray Whitley, who was an assistant district attorney in 1984 who tried the case and sought the death penalty.
“Whether he was or not, who knows,” the prosecutor said. “He was apparently a very convincing person to make friends and get these people to believe enough to go out into the woods with him.”
A fight for a 'rehabilitated man'
In the 1984 trial, life without parole was not an option. It's a point Zargorski's attorney Robert Hutton pushed in the petition to commute his sentence.
The jury did not have the option to sentence him to life without parole because their only options in the 1984 trial were death or the life with the possibility of parole.
Six of the surviving jurors in the case agreed life without parole was an appropriate sentence for Zagorski, the clemency request stated. Today, a death sentence would not be given if just one juror wanted life without parole.
And while Marsha Dotson for more than 30 years wanted nothing more than to see Zagorski put to death for his crimes, she has since "softened."
“I’ve come to realize that it’s not my place to condemn somebody, to let them die. I can’t play God," Dotson said.
Hutton also argued Zagorski has also shown "exemplary" behavior during his prison term as a "rehabilitated man." He never received a single disciplinary infraction and testimonies from officers and volunteers detail his trustworthy, hardworking, respectful and peacekeeping demeanor.
"His extraordinary rehabilitation demonstrates that if you commute Ed's sentence, he will continue to make the prison community a safer place for both officers and inmates," Hutton wrote in the petition.
The Roman Catholic bishops of the Nashville and Knoxville dioceses also spoke out ahead of Zagorski's execution.
What's next for executions in Tennessee?
The debate over capital punishment has burned hot in Tennessee. Like many states, Tennessee’s death penalty law was struck down by the U.S. Supreme Court in 1972.
Officials moved quickly to pass new laws governing the punishment in 1975. But legal challenges kept the death penalty on hold, and it wasn’t until 2000 that an execution was carried out.
Six men were put to death by lethal injection and one was executed by electric chair through 2009. A hiatus followed until Irick's execution on Aug. 9.
Irick and Zagorski were part of a group of 32 death row offenders suing the state over its lethal injection method. Although medical experts have said the state's controversial three-drug protocol tortures inmates to death, the Tennessee Supreme Court ruled in a 4-1 majority in October the drugs can continue to be used.
The state in the past has also gone back and forth on whether the electric chair should be used again. It's unclear how Zagorski's request for the chair will impact executions in the state moving forward but experts on executions predicts more death row inmates could follow his lead.
Death row inmate David Earl Miller is set to be executed Dec. 6. Miller, 61, was convicted of killing a disabled woman with a fire poker in 1981. He is the longest current member of Tennessee's death row.
Source: tennessean.com, Yihyun Jeong and Adam Tamburin and Nicole Young and Mariah Timms and Natalie Allison, November 1, 2018
Death penalty opponents at Edmund Zagorski's execution: 'This is about us'
Outside Riverbend Maximum Security Institution in Nashville, protesters stood watch, waiting for the scheduled execution of Edmund Zagorski or a stay that would never come.
Two supporters of the death penalty waited in a grassy field Thursday evening outside the prison. A fence separated them from the 50 or so opponents of capital punishment keeping vigil.
By 7:26 p.m. CDT, Zagorski was dead, executed by the electric chair.
He had been on death row for 34 years for the April 1983 murders of John Dale Dotson and Jimmy Porter. Zagorski shot them, slit their throats and stole their money and a truck. The two men had expected to buy 100 pounds of marijuana from him.
Protesters for Irick return for Zagorski
Zagorski is the second inmate the state of Tennessee has put to death this year. Billy Ray Irick died by lethal injection on Aug. 6.
Many of the protesters who showed up Thursday night outside the prison were also there during Irick's execution.
The Rev. John Boylan, who leads a small Ecumenical Catholic congregation in Spring Hill, was one of them. The Franciscan priest, who carried a sign that read "Abolish the Death Penalty," said he has protested the death penalty for about 50 years.
"This is about us. We’re the ones doing this," said Boylan, as a cold wind blew across the field. "The execution is done in our name."
Rick Laude, a death penalty supporter from Nashville, also returned to protest on Thursday night. Laude said he showed up for the families of Zagorski’s victims, who have waited more than 30 years for closure.
"Today is a very unfortunate day for this man, but he brought this on himself," Laude said.
As the time of Zagorski's execution ticked closer, those protesters opposing the death penalty gathered together in a circle as the light of flameless candles glowed in their hands. Many clergy, visitors to death row and representatives from Tennesseans for Alternatives to the Death Penalty were among their ranks.
Supporters of the death penalty periodically shouted across the fence: "We're going to kill your boy tonight." "I hope he catches on fire."
The anti-death penalty protesters did not respond to them. Instead, they continued to pray, sing songs and share stories.
The Rev. Joe Ingle, who Zagorski picked to be his spiritual adviser in the final days of his life, spoke to the crowd about leaving Zagorski for the last time at 5 p.m. Thursday.
"I said 'I love you. You're my friend.' He said, 'I love you, you're my friend,'" Ingle said.
Ingle, who opposes the death penalty, is a United Church of Christ minister and leads the visitors on death row program at Riverbend.
Kathy Ingleson, who has been visiting a death row inmate for 18 years, showed up Thursday night outside the prison because she does not believe in the death penalty.
"Most of them have learned from their mistake, are very, very sorry. I still believe that they need to be punished for what they've done, but for the state to kill in my name, I do not believe," said Ingleson, who attends Holy Name Catholic Church in Brentwood. "I believe in redemption."
By 7:35 p.m., word of Zagorski's execution had spread to the protesters. Ingle announced it to those still gathered and encouraged them to sing "Amazing Grace" together.
"Twas grace that taught my heart to fear/And grace my fears relieved/How precious did that grace appear/The hour I first believed," they sang before dispersing into the cold, dark night.
Source:
eu.tennessean.com, Holly Meyer and Mariah Timms, November 1, 2018
Tennessee murderer Edmund Zagorski is executed after receiving unusual last meal
Edmund Zagorski — the Tennessee death row inmate who chose pickled pig knuckles and pig tails for his final meal — has been executed.
Zagorski, 63, died at 7:26 p.m. CT on Thursday, the Tennessean reported. He was executed by electric chair.
The inmate — who reportedly said "let's rock" before he was pronounced dead — was the 134th person the state of Tennessee put to death in more than 100 years, and was the first inmate since 2007 to have died via electric chair.
In 1984, Zagorski was sentenced to death for killing two men during an April 1983 drug deal. Prosecutors said Zagorski shot John Dotson and Jimmy Porter and then slit their throats after robbing them when they went to him to buy marijuana.
His initial execution was scheduled for Oct. 11, but the courts halted it because Zagorski, according to his lawyer, wanted to avoid the "unspeakable" torture of a lethal injection death.
The U.S. Supreme Court on Thursday night denied his appeal, which argued it was unconstitutional to force him to choose between the electric chair and lethal injection.
He reportedly chose not to order a last meal for his originally scheduled execution. At the time, other inmates at Riverbend Maximum Security Institute who are friendly with Zagorski reportedly collected money to get him pizza.
"Should he change his mind and want to have dinner, his meal will be the same as the one provided to the other inmates at Riverbend Maximum Security Institution," the Tennessee Department of Corrections said when Zagorski chose not to select a last meal.
Death row inmates are given $20 for a meal of their choice prior to their execution.
Nationwide, only 14 other people have been put to death in the electric chair since 2000, the most recent being in Virginia in 2013. In Tennessee, condemned inmates whose crimes occurred before 1999 can choose the electric chair — 1 of 6 states that allow such a choice.
Zagorski becomes the 2nd condemned inmate to be put to death this year in Tennessee and the 8th overall since the state resumed capital punishment in 2000.
Zagorski becomes the 20th condemned inmate to be put to death this year in the USA and the 1, 485th overall since the nation resumed executions on January 17, 1977.
The USA carried out 21 executions in 2017; there are 4 more possible/likely executions scheduled in the country this year.
Sources: Fox News & Rick Halperin, November 1, 2018
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