Skip to main content

Native American man on death row—despite his tribe’s wishes

Death House, USP Terre Haute, Indiana
In 1991, the U.S. Conference of Catholic Bishops called on the church to be “alert and active regarding federal policies which... undermine Native American lives, dignity, and rights.” One effort to devalue the dignity of Native Americans is unfolding right now, as the federal government plans the execution of Lezmond Mitchell, the only Native American on federal death row. 

Mr. Mitchell, who is Navajo, is scheduled to be executed on Aug. 26, over the objections of the Navajo Nation, for a crime committed against Navajo citizens on Navajo land.

As Catholics, we uphold that the dignity of the human person is God-given and inviolable. It is this belief that leads us to oppose the death penalty in all cases and work for its abolition worldwide in accordance with Pope Francis’ revision of the Catechism of the Catholic Church in 2018. But ours is not the only tradition which espouses this hallowed tenet. Navajo culture, too, professes the sanctity of life, a teaching which undergirds the opposition of the Navajo Nation and many other tribes to the practice of capital punishment.

The federal government’s planned execution of Mr. Mitchell violates the Navajo Nation’s cultural values, serves as a manifestation of the racial oppression inflicted upon Native Americans for centuries in the United States and devalues the sacred dignity of human life.

Lezmond Mitchell and his co-defendant, Johnny Orsinger, were convicted in 2003 for the brutal killing of Alyce Slim, 63, and her 9-year-old granddaughter, Tiffany Lee. The crime was committed on Native American territory, which, under the Federal Death Penalty Act, should have made a murder case subject to Native approval before any death sentence could be sought. (Mr. Orsinger, it should be noted, was 17 at the time of the killings and thus ineligible for a death sentence under any circumstance.)

The Navajo Nation opposes the death penalty for Mr. Mitchell. But instead of respecting the tribe’s wishes, the federal government has used a legal loophole to pursue his death sentence, trying him for carjacking resulting in death—a federal offense that did not depend on the crime occurring on tribal land—and sidestepping the Navajo Nation’s aversion to the use of capital punishment.

The death sentence for Mr. Mitchell seemed only symbolic during the federal government’s 17-year hiatus from the practice of executions. But in July 2019, the U.S. Department of Justice announced it would resume lethal injections, and Lezmond Mitchell was one of the first whose execution date was set.

The federal government has used a legal loophole to pursue his death sentence, sidestepping the Navajo Nation’s aversion to the use of capital punishment.

After a year of legal challenges, federal executions officially restarted in July 2020, drawing an outcry of Catholic opposition. (See “Sister Helen Prejean: Stop the federal killings,” published by America on July 15.) Now Mr. Mitchell stands to be executed unless President Trump commutes his sentence.

The president of the Navajo Nation, Jonathan Nez, made a personal appeal to request that clemency be granted, and letters supporting clemency have also come from the Navajo vice president, the Navajo Nation Tribal Council, the National Congress of American Indians, more than a dozen other Native American tribes and hundreds of individual Native American citizens.

Catholics can join this chorus of voices by calling for Mr. Trump to respect the God-given dignity of Mr. Mitchell by commuting his death sentence to life without the possibility of release.

Shameful as it is, the federal government’s treatment of Mr. Mitchell and its disregard for the Navajo Nation as a whole is closer to the rule than the exception. As noted in “Open Wide Our Hearts,” the U.S. bishops’ 2018 pastoral letter against racism, “Colonial and later U.S. policies toward Native American communities were often violent, paternalistic, and were directed toward the theft of their land... These policies decimated entire communities and brought about tragic death.”

The letter also says that “Native Americans experienced deep wounds in the age of colonization and expansion, wounds that largely remain unhealed and strongly impact the generations to this day.” It is easy to imagine that vestiges of this intergenerational trauma could have been present in Mr. Mitchell’s own childhood, which was spent in a home rife with abuse, addiction and mental illness.

The U.S. bishops noted that “there has been very limited formal acknowledgement of the harm done to so many” from institutional racism.

One cannot ignore that these legacies of harm and oppression faced by Native Americans—regrettably, at times even perpetuated by the church—are rooted in racism, which, the U.S. bishops note, “festers in part because, as a nation, there has been very limited formal acknowledgement of the harm done to so many, no moment of atonement, no national process of reconciliation and, all too often a neglect of our history.”

Wise practitioners of restorative justice—a holistic way of responding to harm which is itself rooted in Indigenous traditions and teachings—have long noted that trauma that is not transformed will, instead, be transferred.

As Catholics, we believe that part of honoring all human life as equally made in the image of God requires us to see manifestations of racism, acknowledge our complicity in these unjust systems and then actively work to dismantle them. How we as a church and as a country take responsibility for repairing past and present harms done to Native communities and work to end the immoral system of capital punishment is the necessary, faithful and challenging work of building up a culture of life.

In the words of our bishops, “racism is a life issue.” I cannot agree more.

The Catholic Church and the Navajo Nation stand together in opposition to the execution of Lezmond Mitchell because it, like the racism which brought his death sentence to pass, erodes the sanctity of human life.

What a travesty that the pleas to save Lezmond Mitchell’s life—from Catholics, people of good will, and his tribal community—have so far fallen on deaf ears.

Source: americamagazine.org, Staff, August 25, 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

Most viewed (Last 7 days)

William Thompson Faces Execution in Florida Amid Dementia, Terminal Illness Concerns

Florida Governor Ron DeSantis signed an exe­cu­tion war­rant for 74-year-old pris­on­er William ​“Bill” Thompson less than 24 hours after he was released from the hos­pi­tal to the hos­pice wing of the prison. After his attor­neys raised seri­ous con­cerns about his men­tal com­pe­ten­cy and dete­ri­o­rat­ing phys­i­cal health, Gov. DeSantis agreed to tem­porar­i­ly stay the exe­cu­tion so Mr. Thompson’s com­pe­ten­cy can be eval­u­at­ed on October 1. If he is found com­pe­tent, his exe­cu­tion remains sched­uled for October 13.

Texas executes Ker’Sean Ramey

Texas executes man for a triple killing, days after other man convicted in case was put to death  A man was executed Wednesday evening in Texas for a triple killing committed during an attempted robbery at a rural home, 1 week after the other man convicted in the case was put to death.  Ker’Sean Ramey, 41, was pronounced dead at 6:34 p.m. CDT following a lethal injection at the state penitentiary in Huntsville. He was the 6th person executed this year in Texas, with 3 more lethal injections scheduled in the state over the next 2 months. 

Florida | DeSantis sets execution of man who killed Indian River deputy, temporarily pauses another execution

William Reaves is scheduled to be executed by lethal injection at Florida State Prison on Oct. 20th. It's the 18th death warrant Gov. DeSantis has signed this year. Reaves shot Deputy Sheriff Richard Raczkowski in September 23, 1986. Gov. Ron DeSantis signed his 18th death warrant of the year Friday. William Reaves, convicted of the 1986 killing of an Indian River County Sheriff's deputy, is set to be executed by lethal injection at Florida State Prison in Starke on Oct. 20.

Texas House chairman wants child rapists eligible for death penalty

AUSTIN (Nexstar) — Under current Supreme Court precedent, states cannot execute someone for raping a child if the victim survives. That’s not stopping State Rep. Jeff Leach, R-McKinney. “We’re going to have a debate in this building behind me about the death penalty being on the table for any Texan who rapes a child,” Leach, the chair of the Texas House Committee on Judiciary & Civil Jurisprudence, said. Leach made the comments while hosting a news conference supporting his client, abuse survivor Cindy Clemishire.

Israel | Ben Gvir discusses death penalty for Neveh Tzuf terrorist hours before Yom Kippur

National Security Minister Itamar Ben Gvir raised the possibility of applying the death penalty to the Neveh Tzuf terrorist during a security meeting with Prime Minister Benjamin Netanyahu. Two hours before the start of Yom Kippur on Sunday, National Security Minister Itamar Ben Gvir raised the possibility of applying the death penalty to the terrorist responsible for the attack in Neveh Tzuf during a security meeting with Prime Minister Benjamin Netanyahu. Netanyahu had reportedly convened the meeting in response to the security situation in the West Bank following the Sunday terror attack.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Taylor Parker becomes 7th woman on death row in Texas

Taylor Parker is set to become the 7th woman on death row in Texas, following her sentencing Wednesday in Bowie County for the capital murder of Reagan Hancock and the kidnapping her unborn baby, Braxlynn Sage. The baby did not survive. The last woman to be handed a death sentence in the state was Kimberly Cargill in June 2012 for the slaying of her developmentally disabled babysitter in Smith County, who was set to testify against her in a custody battle. None of the women currently on death row in Texas are scheduled for execution. According to the Texas Department of Criminal Justice, 6 women have been executed in Texas since the Supreme Court reinstated the death penalty in 1976, more than any other state, according to Death Penalty Information Center. The last woman to be executed in the U.S. was Lisa Montgomery in January 2021. It was the first execution of a female inmate carried out by the federal government since 1953, and her case is chillingly reminiscent of Parker’s. She wa...

Tennessee | Christa Pike Requests Clemency Ahead of September 30 Execution Date; Experts’ Amicus Brief Points to ​‘Substantial Risk’ of Re-traumatization

Lawyers for Christa Pike, the only woman on Tennessee’s death row, filed a 226-page clemen­cy peti­tion with Governor Bill Lee, ask­ing him to com­mute her death sen­tence to life in prison with­out the pos­si­bil­i­ty of parole ahead of her September 30 exe­cu­tion date. Ms. Pike’s clemen­cy peti­tion out­lines the case her team has built over decades of appeals: her actions at 18 years old can­not be sep­a­rat­ed from a child­hood marked by repeat­ed rape, sex­u­al abuse, and neglect that went unad­dressed by the adults and state sys­tems meant to pro­tect her. Once incar­cer­at­ed, Ms. Pike was diag­nosed with bipo­lar dis­or­der and post-trau­mat­ic stress disorder.

Alabama executes Jeffery Lee

MONTGOMERY, Ala. (WBMA) — Alabama has executed Jeffery Lee, nearly three decades after he was convicted in the 1998 killings of two people during a pawnshop robbery in rural Dallas County. Lee, 49, was put to death by lethal injection Thursday evening at William C. Holman Correctional Facility in Atmore. His execution came three months after a federal judge blocked Alabama's plans to execute him using nitrogen gas. He was pronounced dead at 6:22 p.m. Central Time, according to the office of Governor Kay Ivey. 

Texas set to execute second man convicted in 2005 South Texas triple murder

Ker’Sean Olajuwa Ramey is scheduled to die Wednesday, one week after the state executed his co-defendant for the same killings. Texas is scheduled to execute a man on Wednesday for the 2005 shooting deaths of three people during a botched robbery in a small South Texas town, just one week after the state put his co-defendant to death for the same crime. Ker’Sean Olajuwa Ramey, 41, is scheduled to die by lethal injection Wednesday evening at the state penitentiary in Huntsville.