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)

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.

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. 

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.

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.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.