Skip to main content

USA | The First Execution of the Pandemic

Walter Barton
On May 19, Missouri will conduct the first American execution since the COVID-19 crisis began. The state intends to put Walter Barton to death for killing an 81-year-old mobile home park manager nearly three decades ago.

Last month, the state Supreme Court denied Barton’s request to delay the execution because of the public health dangers involved in bringing people together to carry it out.

Those dangers seem not to faze some powerful lawmakers and politicians. Barton’s execution is one glaring example of Republican Gov. Mike Parson’s grim determination to return life to normal after Missouri was shut down for two months. The governor, following his party’s playbook, has allowed Missouri’s businesses to reopen. He is also letting residents go out in public without masks, in spite of a dramatic spike in his state’s coronavirus cases.

But the circumstances of Barton’s conviction make this rush to execution particularly concerning. “Missouri is about ready to put to death an actually innocent man,” his lawyer, Frederick Duchardt Jr., said in February. The state used a jailhouse informant and blood spatter evidence to convict Barton, both of which are notoriously unreliable.

Because of that unreliable evidence, the state had considerable difficulty convincing a jury of Barton’s guilt. In fact, he was tried five times for the murder between 1993 and 2006; the first two ended in mistrials, and his conviction was overturned on appeal twice. It was only in his fifth trial that he was convicted.

In addition, the fact of the pandemic has called into question whether Walter Barton has received full due process. COVID-19 has put much of the usual work of defending a death row inmate in the run-up to an execution on hold. Since March, Barton’s lawyer has stopped interviewing new witnesses, reinvestigating disputed evidence, and filing any new legal claims. Missouri courts have curtailed some proceedings and adopted special procedures. As Robert Dunham, director of the Death Penalty Information Center, recently explained, “When courts aren’t even capable of dealing with the ordinary business, it is unrealistic to expect they’ll be capable of dealing with extraordinary business.”

The execution itself could also endanger others’ health.

Karen Pojmann, a spokesperson for the Missouri Department of Corrections, says the state will take special measures for Barton’s execution. The state will put in place a “robust viral containment plan and strict safety protocols.” That plan requires that everyone be screened, with a temperature check, before entering the prison where the execution will take place.

The prison where Barton will be executed has three separate viewing rooms for witnesses: one for the victim’s family, one for the family of the condemned, and a third for journalists and other witnesses. In a bizarre concession to the realities of putting people to death during a pandemic, Pojmann explained that each witness room can be limited to 10 or fewer people who can be spaced out within the room, in accordance with the state’s social distancing guidelines. She went on to say, “We have ample access to hand sanitizer, fabric face masks and other supplies, as needed.”

While witnesses to the execution may take comfort that their presence will not unduly expose them to infection, the execution itself is going forward in spite of the request last month from a group of physicians and medical experts that death penalty states release drugs used in lethal injection to hospitals that are treating COVID-19 patients.

Missouri’s rush to execute those convicted of capital crimes may have its paradoxes, but it falls well within historical norms in this country. It is fully in line with what happened during America’s previous pandemics.

One hundred years ago a flu pandemic wreaked havoc in the United States from 1918 to 1920. Nonetheless, the business of execution went on. In that three-year period, 236 people were put to death, making it one of the busiest stretches in the modern history of the death penalty.

Just under one-half of the executions between 1918 and 1920 were hangings, with the other half managed by electrocution. Utah put one person to death by the firing squad.

Another pandemic hit in 1957 caused by H2N2. It resulted in an estimated 116,000 deaths. That year, 70 people were executed. Six of them were hanged, 15 died in the gas chamber, and the remainder in the electric chair.

The first pandemic of the 21st century occurred in 2009, this one associated with an H1N1 virus strain that caused 12,469 deaths in the United States. Nonetheless, 52 executions were carried out in 11 different states. All but one of them were done by lethal injection. Like older execution methods, it requires close contact between the guards responsible for the execution and the condemned.

But, thus far, in the current crisis, capital punishment has been treated differently. Because of the risks of spreading the disease and the need for social distancing, executions across the country have been put on hold. Ohio Gov. Mike DeWine moved executions scheduled for July and August to 2022. The Tennessee Supreme Court put off an execution scheduled in June until early 2021. Even Texas, the death penalty capital of the U.S., which has reopened stores, beaches, and restaurants, has delayed six executions, citing concerns that they could not be carried out without spreading the coronavirus.

It is odd that Missouri—with more than 10,000 COVID-19 cases and 500 deaths and where more than 50,000 people recently have filed unemployment claims—cannot see its way to the same logic. One would think that Missouri, which has carried out 89 executions since 1976, has more important things to do than killing Walter Barton.

As the Texas Court of Criminal Appeals explained when it halted that state’s executions, this nation now confronts a situation that requires marshaling “the enormous resources needed to address that emergency.” Saving American lives is far more important than putting anyone—including a possibly innocent man—to death.

Source: slate.com, Austin Sarat, May 13, 2020


⚑ | 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)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements. 

François Mitterrand, the Justice Minister Who Sent 45 Men to the Guillotine

The socialist president celebrated for abolishing the death penalty in France sent 45 condemned men to the guillotine when he was Minister of Justice. In French political history, François Mitterrand is the father of the historic victory of May 1981. He remains associated with one of the greatest moral laws of the Fifth Republic: the definitive end of capital executions, carried through with Robert Badinter in the autumn of 1981.