USA | Justice Department sets August execution date for only Native American on death row

Navajo Nation objects to the death sentence for tribe member convicted of double homicide

The Justice Department on Wednesday scheduled the execution of Lezmond Mitchell, the only Native American on federal death row, for late August, his attorneys said Wednesday.

If the execution, scheduled for August 26, proceeds, it will be the 1st time in modern American history the government executed a Native American tribal member.

Mitchell is a member of the Navajo Nation. Under federal law, the U.S. government cannot pursue a death sentence for a capital murder committed on Native American land without the tribe’s consent.

Justice Department prosecutors in the early 2000s got around that restriction, however, by seeking the death penalty connected to a lesser charge.

Mitchell’s attorneys, Jonathan Aminoff and Celeste Bacchi, accused Justice Department prosecutors of exploiting a legal loophole.

“The federal government’s announcement that it now plans to execute Lezmond Mitchell demonstrates the ultimate disrespect for the Navajo Nation’s values and sovereignty,” they said in a statement.

The Justice Department pushed back in a statement, saying that Mitchell’s conviction and death sentence were affirmed on appeal by “every court that considered them.”

Lezmond Mitchell is a 37-year-old Navajo man convicted of murdering Alyce Slim and Tiffany Lee, two Navajo people on Navajo reservation land in 2001. The Navajo Nation has consistently maintained its position against capital punishment generally and as applied to Mitchell. This case represents the only time in the history of modern capital punishment that the United States Government has sought the death penalty over the objection of a Native American tribe when the criminal conduct in question was committed on tribal land. More information about this case is here.

With the execution of Dustin Lee Honken at the federal penitentiary in Terre Haute, Indiana, on July 16, the USA has now executed 1,522 condemned individuals since the death penalty was re-legalized on July 2, 1976 in the US Supreme Court Gregg v Georgia decision.

Gary Gilmore was the 1st person executed, in Utah, on January 17, 1977. Below is a list of further scheduled executions as the nation continues its shameful practice of state-sponsored killings.

NOTE: The list is likely to change over the coming months as new execution dates are added and possible stays of execution occur.

1525-----Sept. 9----------John Ramirez----------------Texas

1526-----Sept. 30---------Carlos Trevino---------------Texas

1523-----Aug. 26----------Lezmond Mitchell----------Federal

1524-----Aug. 28----------Keith Nelson-----------------Federal

UPDATE FROM DEATH PENALTY ACTION (July 29)

Sister Barbara Batista has just been visiting Kieth Nelson at the Federal death house in Terre Haute, where he is scheduled to be executed on August 28th. Sister Barbara had news: Lezmond Mitchell was moved to death watch today. His execution date has been set for August 26th. Death Penalty Action will be there.

Here's the thing. Petitioning the President has proven to be a waste of time. The federal death penalty is being used as a political tool by the Trump Administration and the campaign to re-elect Donald Trump. For this reason, Death Penalty Action is instead petitioning congress:

Click to sign The Petition Now!

YOU have already signed our previous petition to congress, however, we've redrafted it now that situations have changed. We urge you to consider the new language and add your name to endorse this new language:

The federal death penalty is being used as a political tool by the Trump Administration and the campaign to re-elect Donald Trump. The administration is ignoring the law, ignoring compelling issues which demand executive clemency, ignoring the danger of executing during the pandemic, and even ignoring the families of victims in several cases who adamantly oppose the execution of the person convicted of killing their loved ones. For this reason, petitioning the President has proven to be a waste of time.

Executions do not keep society any safer from dangerous offenders than incarceration. We can do much better for the families of murder victims than the hollow promise of a possible execution decades in the future.

We are urging Congress to abolish the federal death penalty.

Background:

In July, 2019 the Trump Administration announced its intent to resume federal executions, setting three execution dates in December 2019 and two more in January, 2020. Appeals postponed those executions for months, however three federal death row prisoners were executed on July 14, July 16, and July 17, 2020. These problematic executions were the first to be conducted by the federal government since 2003. Another two federal executions are scheduled for August 26 and 28, 2020.

Additionally, responding to a rash of mass shootings, the Trump Administration announced in 2019 that it will push for expedited executions for mass shooters who happen to survive their terror attacks. The president has also called for speeding up executions in cases of drug kingpins and for the murder of law enforcement officers. Donald Trump has long used the death penalty as a political tool.

Many problems exist with federal, military and state death penalty laws. These issues are explored in great detail, here. Death Penalty Action believes the death penalty is not necessary to be safe from dangerous offenders or to hold them accountable. In an era where support for capital punishment is waning and states are abolishing the punishment, calling for more executions is political rhetoric intended to win support from particular voting blocks.

Most alarming, evidence came to light after the July 14, 2020 execution of Daniel Lee that the campaign to reelect Donald Trump has guided the strategy and timing of this spate of federal executions. Read about this in the Terre Haute Tribune Star report. Further evidence is currently being developed.

Click to sign The Petition Now!

Source: Washington Times, Staff; Rick Halperin; Death Penalty Action, July 29, 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.

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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

Oklahoma executes John Hanson

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Japan | Steady-handed prison guard remembers faces of condemned he executed

His hands never trembled, not even as he slipped the noose around the necks of several condemned men. But now, years later, their faces return to him -- uninvited, every day. Currently in his 70s, a Japanese man who worked as a prison guard for many years at a detention center in eastern Japan, remains anonymous for privacy reasons. One morning in the 1990s, he was informed he was to be that day's "noose handler," assisted by four other prison officers and several staff in the task of hanging death row inmates. "I knew this was a road I'd have to go down eventually if I worked at a detention center," the man said in an interview with Kyodo News. "You don't have any power to veto the decision."

Alabama executes Gregory Hunt

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South Carolina executes Stephen Stanko

South Carolina executes a man serving death sentences in 2 separate murders Washington (AFP) – A South Carolina man convicted of a 2005 double murder was put to death by lethal injection on Friday, the fourth execution in the United States this week. Stephen Stanko, 57, was pronounced dead at 6:34 pm (2234 GMT) at the state prison in Columbia, the South Carolina Department of Corrections said in a statement. Stanko had a choice between his method of execution -- firing squad, electric chair or lethal injection. He chose lethal injection. The execution began after a 3 1/2 minute final statement where Stanko apologized to his victims and asked not to be judged by the worst day of his life. Witnesses could hear prison officials asking for the first dose of the powerful sedative pentobarbital which was different from previous executions. Stanko appeared to be saying words, turned toward the families of the victims and then let out several quick breaths as his lips quivered. Stanko app...

Utah | Judge says Ralph Menzies does have dementia, but is competent enough to be executed

A Utah judge says death row inmate Ralph Menzies is mentally competent enough to be executed by firing squad. In a ruling issued Friday evening, 3rd District Judge Matthew Bates wrote that Menzies does have dementia, but it’s not enough to prevent him from understanding why he’s being punished. Menzies’ attorneys say they plan to appeal the decision to the Utah Supreme Court. The ruling caps of a monthslong competency hearing that began in November, where attorneys for Menzies argued the 67-year-old’s brain is so damaged he can’t form a “rational understanding” of why the state is pursuing the death penalty. Attorneys for the state, meanwhile, argued that Menzies does show signs of cognitive decline but he’s still competent.

U.S. | Four executions are scheduled in four states over four days this week

Over the next four days, four inmates in four different states are scheduled to be put to death – a cluster that, while not abnormal, comes amid a national uptick in executions while President Donald Trump calls for the death penalty’s expansion. A cluster of executions is “not that unusual,” according to Robert Dunham, director of the Death Penalty Policy Project. “But it’s become increasingly rare as use of the death penalty has diminished.” Indeed, the number of executions each year remains far lower than its peak in 1999, when nearly 100 people were put to death nationwide. That figure steadily decreased until the Covid-19 pandemic, when it reached historic lows, Dunham said.

Saudi Arabia Executes Journalist After 7 Years Behind Bars

Saudi Arabia has executed journalist Turki Al-Jasser after seven years in prison, following accusations of terrorism and treason, which activists say were related to his critical social media posts about the royal family. Human rights groups have condemned the execution, citing it as part of the kingdom’s crackdown on free speech. A prominent Saudi journalist, Turki Al-Jasser, has been executed after spending seven years in prison, The Associated Press reported, citing the Saudi Press Agency. Activists cited by the AP argued that the charges against him were politically motivated, primarily tied to his social media activity.

Oklahoma judge stays execution of man set to die Thursday

Hanson was transferred to Oklahoma custody in March by federal officials following through on President Donald Trump’s sweeping executive order to more actively support the death penalty. OKLAHOMA CITY (AP) — An Oklahoma judge granted a temporary stay of execution Monday to a man whose transfer to death row was expedited by the Trump administration and who was scheduled to receive a lethal injection this week. John Fitzgerald Hanson, 61, was set to die Thursday for killing a Tulsa woman in 1999. Hanson’s lawyers have argued that he did not receive a fair clemency hearing last month before the state’s five-member Pardon and Parole Board. They claim board member Sean Malloy was biased because he worked for the Tulsa County District Attorney’s Office when Hanson was being prosecuted.

Florida | DeSantis signs death warrant for eighth execution of the year

Michael Bell, 54, is scheduled to die by lethal injection July 15 for the mistaken-revenge killing of two people outside of Jacksonville bar in 1993. Michael Bernard Bell, who was convicted for the 1993 murder of a man and woman in Jacksonville, has been scheduled for execution under the eighth death warrant signed this year by Gov. Ron DeSantis. Bell, 54, is set to die by lethal injection July 15 at Florida State Prison near the city of Starke, according to the warrant, signed Friday. He was found guilty in 1995 and sentenced to death for the murders of Jimmy West and Tamecka Smith.

Oscar Franklin Smith, Tennessee death row inmate, declines to select execution method

Oscar Franklin Smith, a Tennessee death row inmate scheduled for execution on May 22, will die by lethal injection if the process moves forward. Smith, who was asked to choose between lethal injection and the electric chair, declined to pick, his attorney Kelley Henry, a supervisory assistant federal public defender, said. When an inmate does not choose, the method defaults to lethal injection. It's not the first time Smith has been given this grim decision and declined. That decision to not choose ultimately saved his life for three more years.

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