Governor Mike Parson told Capitol reporters on Monday in Jefferson City that he hasn’t seen any reason to intervene in Walter Barton’s scheduled execution, saying “that will move forward as scheduled.”
Parson spokeswoman Kelli Jones told Missourinet on Monday evening that, at this time, “Governor Parson fully anticipates carrying out the court order and discharging his duties as prescribed by law, on May 19.”
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In another defeat for Barton, the 8th Circuit Court of Appeals has vacated U.S. District Judge Brian Wimes’ stay in the case. In a nine-page ruling, the Circuit Court of Appeals wrote, in part: “We vacate the stay of execution and remand with instructions to dismiss Barton’s petition because we see no possibility of success on the merits of either of Barton’s claims.”
Barton’s attorneys have made 2 main claims: that he is innocent and is also incompetent to be put to death.
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Barring intervention from the U.S. Supreme Court, Barton will be executed by lethal injection Tuesday night at the maximum-security prison in Bonne Terre.
He was convicted of 1st-degree murder for the 1991 killing of 81-year-old Gladys Kuehler in Ozark, south of Springfield. She managed a mobile home park. Court documents say that Kuehler, who was unable to move without the assistance of a cane, was stabbed more than 50 times, including 23 times in the back.
The court documents also indicate that her throat “had been cut from ear to ear.”
Judge Wimes issued the stay of execution on Friday, saying he needed more time to review the claims from Barton’s lawyers.
This case has been working its way through the state and federal court system for almost 30 years. The “Springfield News-Leader” notes Barton was first convicted in 1994 and ended up having five trials because 2 convictions were overturned on appeal.
Barton’s attorneys are hoping the U.S. Supreme Court will consider the case on Tuesday. Unless the U.S. Supreme Court issues a stay, Barton will be executed.
Source: KTTN news, Staff, May 19, 2020
Missouri Poised To Carry Out Country’s First Execution During Pandemic
Two other states that had executions scheduled during the pandemic — Texas and Tennessee — halted them, citing the difficulty of doing investigations while the country is locked down.
“There are a lot of issues that cannot be raised until the last minute, like whether a defendant is competent mentally to be executed,” said Robert Dunham, executive director of the Death Penalty Information Center. “In many states, you can’t file for commutation until there’s a death warrant. When it comes to newly discovered evidence, you have a lot of litigation as well. All of those involve in-person investigations. You can’t do that during a pandemic.”
The Death Penalty Information Center does not take a position on capital punishment but has criticized the way states carry out executions.
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Barton was convicted of killing the operator of a mobile home park in southwest Missouri. His supporters say there are questions about the blood spatter evidence used to convict him and the credibility of a jailhouse informant. The jurors his defense team has been able to contact say that would have affected their deliberations. The state Supreme Court in April rejected a request to hear that new evidence.
The pandemic is also creating concerns for the health of people involved in the execution. According to the Department of Corrections, the prison at Bonne Terre has multiple separate witness rooms, and can accommodate everyone who wants to be present, even with social distancing requirements. Those witnesses will be provided masks and hand sanitizer made by prisoners. A corrections spokesperson said there are no cases of COVID-19 at Bonne Terre.
But transporting a prisoner to death row goes against federal guidance that says prisoners should only be transported for medical care, said Elyse Max, the state director of Missourians for Alternatives to the Death Penalty. And as of May 13, prison visits were suspended until June 18.
“The fact that they have publicly said, ‘We’re not going to let people in right now because it’s not safe,’ yet they intend to move forward with an execution, which will definitely bring people in, it’s a bit hypocritical,” Max said.
Barring intervention from Gov. Mike Parson or the federal courts, Barton will be executed after 6 p.m. Tuesday.
Source: krcu.org, Rachel Lippmann, May 19, 2020
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
but by the punishments that the good have inflicted." -- Oscar Wilde
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