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

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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

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin. Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’ A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year. Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

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