Skip to main content

Alabama executes Domineque Ray

Domineque Ray
ATMORE, ALA. -- A Muslim inmate who filed a legal challenge because Alabama wouldn't let his Islamic spiritual adviser be present in the execution chamber was put to death Thursday after the nation's highest court cleared the way.

Domineque Ray, 42, was pronounced dead at 10:12 p.m. of a lethal injection at the state prison in Atmore.

Ray had argued Alabama's execution procedure favors Christian inmates because a Christian chaplain employed by the prison typically remains in the execution chamber during a lethal injection, but the state would not let his imam be there in the room.

Attorneys for the state said only prison employees are allowed in the chamber for security reasons.

Ray's imam, Yusef Maisonet, watched the execution from an adjoining witness room, after visiting with Ray over the past two days. There was no Christian chaplain in the chamber, a concession the state agreed to make.

Strapped to a gurney in the death chamber, Ray was asked by the warden if he had any final words. The inmate said an Islamic statement of his faith in Arabic.

The 11th U.S. Circuit Court of Appeals on Wednesday had stayed the execution over the religious arguments, but the U.S. Supreme Court allowed it to proceed in a 5-4 decision Thursday evening. Justices cited the fact that Ray did not raise the challenge until Jan. 28 as a reason for the decision.

Justice Elena Kagan wrote in a dissent that she considered the decision to let the execution go forward "profoundly wrong."

Other states generally allow spiritual advisers to accompany condemned inmates up to the execution chamber but not into it, said Robert Dunham, executive director of the Death Penalty Information Center, which studies capital punishment in the United States.

Durham said did not know of any other state where the execution protocol calls for a Christian chaplain to be present in the execution chamber.

Alabama Corrections Commissioner Jeff Dunn said this is the first time the state has had an objection to the chaplain's presence. He said the state will review procedures to determine if something needs to be changed.

Ray was sentenced to death for the 1995 rape and murder of a 15-year-old girl. Tiffany Harville disappeared from her Selma home on July 15, 1995, and her decomposing body was found one month later in a cotton field.

It was Alabama's first execution of the year.

Ray was convicted in 1999 after another man, Marcus Owden, confessed to his role in the crime and implicated Ray. Owden told police that they had picked the girl up for a night out on the town and then raped her. Owden said that Ray cut the girl's throat. Owden pleaded guilty to murder, testified against Ray and is serving a life sentence without parole.

A jury recommended the death penalty for Ray by an 11-1 vote.

Ray's attorneys had also asked in legal filings to stay the execution on other grounds. Lawyers said it was not disclosed to the defense team that records from a state psychiatric facility suggested Owden suffered from schizophrenia and delusions. The Supreme Court also rejected the request.

Spencer Hahn, one of Ray's attorneys, said he was appalled that Ray received unequal treatment at his death because he was a member of a religious minority,

"Domineque was a devout Muslim and a human being. He was a son, a father, a brother. He wanted equal treatment in his last moments," Hahn wrote in a statement.

Ray's legal team said his first name was Domineque. The prison system used a different spelling, citing court records.

Alabama Attorney General Steve Marshall issued a statement saying he was pleased the court let the execution proceed.

"For 20 years, Domineque Ray has successfully eluded execution for the barbaric murder of a 15-year-old Selma girl. ...Tonight, Ray's long-delayed appointment with justice is finally met," Marshall said.

Ray was convicted of the 1995 murder of 15-year-old Tiffany Harville.

Ray becomes the 1st condemned inmate to be put to death this year in Alabama and the 64th overall since the state resumed capital punishment in 1983.

Ray becomes the 2nd condemned inmate to be put to death this year in the USA and the 1, 492nd overall since the nation resumed executions on January 17, 1977, about 7 months after the US Supreme Court re-legalized the death penalty nationwide in its July 2, 1976 Gregg v Georgia decision. 

Source: charlotteobserver.com, Kim Chandler, Associated Press, February, 2019


Justices Allow Execution of Muslim Death Row Inmate Who Sought Imam


Alabama's death chamber
WASHINGTON — The Supreme Court on Thursday allowed the execution of a Muslim inmate in Alabama whose request that his imam be present had been denied.

The vote was 5 to 4, with the four more liberal members of the court in dissent.

The majority offered little reasoning but said that the inmate, Domineque Ray, had waited too long to object. Justice Elena Kagan, writing for the dissenters, said the majority was “profoundly wrong.”

Under Alabama’s policy, she wrote, “a Christian prisoner may have a minister of his own faith accompany him into the execution chamber to say his last rites.”

“But if an inmate practices a different religion — whether Islam, Judaism or any other — he may not die with a minister of his own faith by his side,” Justice Kagan wrote.

“That treatment goes against the Establishment Clause’s core principle of denominational neutrality,” she added, referring to the clause of the First Amendment that bars the government from favoring one religious denomination over another.

A federal appeals court had issued a stay of execution on Wednesday, saying that excluding the imam while routinely allowing a Christian chaplain to be present raised serious questions about religious discrimination.

Mr. Ray was originally scheduled to be executed at 6 p.m. Thursday for the 1995 rape, robbery and murder of Tiffany Harville, 15, in a cotton field outside Selma. His lawyer, Spencer Hahn, said at 10:20 p.m. that Mr. Ray had been killed.

As his execution date neared, Mr. Ray told prison officials that he sought, as the appeals court put it, “spiritual guidance and comfort from a cleric of his own faith.”

The officials said Mr. Ray’s imam could visit him shortly before the execution and observe it from a viewing room. But they would not allow the imam into the execution chamber.

The chaplain was allowed to be present, the officials went on, because he was an employee of the prison system who was “a member of the execution team” and was “familiar with the technicalities of the execution protocol,” having attended almost every execution in the state since 1997. The chaplain kneels and prays with inmates who seek pastoral care, the officials said. After considering Mr. Ray’s request, prison officials agreed to exclude the chaplain. But they said allowing the imam to be present raised unacceptable safety concerns.

A unanimous three-judge panel of the United States Court of Appeals for the 11th Circuit, in Atlanta, stayed the execution, saying Mr. Ray had presented “a powerful Establishment Clause claim.”

“We are exceedingly loath to substitute our judgment on prison procedures for the determination of those officials charged with the formidable task of running a prison, let alone administering the death penalty in a controlled and secured manner,” Judge Stanley Marcus wrote. “Nevertheless, in the face of this limited record, it looks substantially likely to us that Alabama has run afoul of the Establishment Clause of the First Amendment.”

The appeals court put Mr. Ray’s appeal on a fast track, with briefing to have been completed in a little more than a month.

On Wednesday, lawyers for Alabama filed an emergency application asking the Supreme Court to vacate the stay of execution in the case, Dunn v. Ray, No. 18A815. The state should be allowed, they wrote, to proceed with the “serious and solemn responsibility” of conducting executions “in an orderly and secure fashion.”

In response, lawyers for Mr. Ray urged the justices to allow the litigation to move forward in the appeals court. “Mr. Ray does not dispute that the state has an interest in enforcing its judgments,” they wrote. “But it does not have an interest in doing so unconstitutionally.”

In her dissent on Thursday, Justice Kagan wrote that the majority had acted with unseemly haste.

“Ray has put forward a powerful claim that his religious rights will be violated at the moment the state puts him to death,” she wrote. “The 11th Circuit wanted to hear that claim in full. Instead, this court short-circuits that ordinary process — and itself rejects the claim with little briefing and no argument — just so the state can meet its preferred execution date.”

Source: nytimes.com, Adam Liptak, January 7, 2019


⚑ | 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

Most viewed (Last 7 days)

Two Germans to be caned, jailed for Singapore train graffiti

"Singapore: Disneyland with the death penalty" A Singapore court sentenced two Germans to nine months in prison and three strokes of the cane on Thursday after they pleaded guilty to breaking into a depot and spray-painting graffiti on a commuter train carriage. Andreas Von Knorre, 22, and Elton Hinz, 21, both expressed remorse while being sentenced in the state courts of the island republic. “This is the darkest episode of my entire life,” said Von Knorre. “I want to apologise to the state of Singapore for the stupid act ... I’ve learnt my lesson and will never do it again.” Hinz added: “I promise I will never do it again. I want to apologise to you, and my family for the shame and situation I’ve put them into.”  Both were dressed in prison uniform — a white T-shirt and brown trousers with the word “Prisoner” down the sides and on the back. They spoke to the court in English. Singapore sentences hundreds of prisoners to caning each year as part of a syst...

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region. Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala—the home in exile of the Dalai Lama. It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region. The body of Mr. Gyaltsen had been returned to his family and then submitted to a river burial—an un...

Indiana | ‘Dignity’ is a poor excuse for blocking press access to state executions

Indiana law says that the press has no right to be present when the state carries out executions. It limits those who can attend to the warden of the prison where the execution is carried out, immediate family members of the crime victim, no more than five friends or relatives of the convicted person, the prison physician, and the prison chaplain. Only if an inmate selects a member of the press as one of the five friends may they attend.

Iran: Delara Darabi has now been scheduled for execution

Delara Darabi has now been scheduled for execution, according to the Iranian newspaper Etemad on 18 April, according to another source on 20 April. She was convicted of murdering a relative when she was 17. Unless the Judiciary intervenes, she can now escape execution only if the woman’s entire family accept payment of diyeh, or blood money. One of the familly is said to be undecided. Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing concern that Delara Darabi is in imminent danger of execution for a crime committed when she was under 18; - calling on the authorities to halt the execution of Delara Darabi immediately, and commute her death sentence; - reminding the authorities that Iran is a state part...

Florida death row inmate wants DeSantis to attend his pending execution

Dennis Michael Sochor is scheduled to be put to death Tuesday, the 29th person executed by the state in the past 19 months. Dennis Michael Sochor, convicted of strangling an 18-year-old woman he met at a New Year’s celebration in a Broward County bar 44 years ago, is scheduled to die by lethal injection Tuesday at Florida State Prison. His last wish? To have Gov. Ron DeSantis personally observe his execution up close and personal.

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

As Idaho Reinstates Firing Squad, Volunteers Sought for Executions

The state becomes the first in the U.S. to make the firing squad the standard method of capital punishment Idaho is opening a new phase in the administration of capital punishment in the United States, returning to the firing squad as the default method of execution. The decision reintroduces a system that has been abolished or abandoned in most of the country and is now being reorganized through a formal and highly structured framework. The new death penalty protocol State authorities have begun recruiting volunteer law enforcement officers to take part in executions. The operational model includes three primary shooters assigned to carry out the execution, two alternates, and one operations coordinator. All participants will remain anonymous, known only to the prison warden and deputy warden.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

Iraq: German schoolgirl, 17, turned jihadi bride escapes death penalty and is jailed for six years

GERMAN Jihadi bride Linda Wenzel has been jailed for six years in Baghdad for her role as an Islamic enforcer with terror group ISIS. Wenzel, 17, who last year sobbed on TV “I have ruined my life,” could have faced the death penalty. German media reported that a German embassy representative in Iraq was in court yesterday to witness her sentencing. She received five years for joining IS and one year for entering Iraq illegally. Wenzel was found in the rubble of IS stronghold Mosul back in the summer of 2017. Charges were laid against her and three other German women captured with her. Schoolgirl Wenzel fled to Turkey then into Syria last year from her hometown of Pulsnitz in eastern Germany after being groomed online by a Chechen IS fighter who she married. He was killed in the savage fighting for Mosul while she was employed by the terror group enforcing the strict Islamic dress code on women in the city. She burst into tears after her capture and said s...

We Asked Ohio’s Death Row What They Think of Governor’s Death Penalty Reversal

Like Gov. Mike DeWine, most agreed the death penalty is broken and does not deter crime, but not always with the same reasoning. Some people on Ohio’s death row praised Gov. Mike DeWine for having the courage to come out against the death penalty. Others said actions speak louder than words, and they want the governor to commute their death sentences to life without the possibility of parole. But all agreed with the governor on one thing: Ohio’s death penalty law is broken. DeWine said long delays in carrying out executions undermine its intended function as a deterrent. Condemned prisoners resoundingly said that the possibility of being executed never stopped anyone from committing murder.