Skip to main content

Arkansas | Judge Wendell Griffen won't give up case despite order from court

Pulaski County Circuit Judge Wendell Griffen said he will not -- and cannot -- give up jurisdiction of a potential death-penalty case despite a state Supreme Court order barring him from presiding over matters involving capital punishment.

Neither the prosecution nor defense has questioned Griffen's ability to fairly administer the law.

"There are no allegations or facts in this case which indicate that the [judge] has allowed his personal moral and religious objections to capital punishment to hinder his ability to follow the law. Neither [side] allege that the undersigned [judge] is disqualified from hearing this case," Griffen wrote in his eight-page order. "The Court holds that [the defendants'] right to a fair trial would be violated by disqualifying the undersigned or any other judge based on whether he or she holds moral or religious concerns about capital punishment."

Griffen indicated he was bound by judicial ethics to stay with the case. He noted that the court rules prohibit judges from recusing from cases that present issues they may find personally disagreeable while requiring that they "uphold their oath to apply the law fairly and impartially."

"The undersigned will uphold his oath, respect the rights of all parties, and decide all matters in the case fairly and impartially," Griffen's Tuesday ruling states.

The Arkansas Supreme Court barred Griffen from presiding over any case, criminal or civil, that involves the death penalty in April 2017. Griffen challenged the order in federal court, but his lawsuit was rejected.

The judge asked the justices to reconsider the order last year, but they denied him in September 2019, stating that he had taken too long to ask. The dispute between Griffen and the justices led to ethics investigations into both sides that ultimately concluded with no findings of wrongdoing.

Griffen's ruling noted that the order came after he, as a pastor, had participated in a Good Friday prayer vigil with some church members at the Governor's Mansion as the state prepared to execute eight convicted killers. Critics have called Griffen's display a protest, but the judge has rejected that description, saying that sign-wielding protesters in the area were not part of his congregation.

Dressed in a white suit, Griffen, an ordained Baptist minister, lay on a cot in a pose he said was intended to evoke the appearance of Jesus before crucifixion. While he was on the mansion grounds, Griffen issued an order in a lawsuit questioning the state's ownership of a lethal-injection drug that could have halted the executions. The Supreme Court vacated that order, and authorities were able to execute four of the defendants.

Griffen stated that the question of whether he should retain jurisdiction is based on whether the Supreme Court order reflected a finding that he could not act impartially in this specific capital-murder case.

"The obvious answer to that question is 'no.' [The order] cannot operate as a judicial determination about whether the undersigned is fair and impartial," Griffen wrote.

The Arkansas Supreme Court has never ruled that a judge or juror can be disqualified for holding moral or religious objections to capital punishment, Griffen noted. He observed further that for 52 years, the U.S. Supreme Court has held that a defendant's right to a fair trial is violated when potential jurors are removed from consideration because they have concerns about the death penalty.


"If that is true for jurors, it must be equally true for a ... trial judge," Griffen wrote.

The justices' unsigned order does not explain their reasoning, only stating that it was "to ensure all litigants in this district receive a fair and impartial tribunal."

The order was the basis for the motion by prosecutors to ask Griffen to stand aside in this case, saying that they were concerned that his continued jurisdiction could be grounds for a successful appeal of any trial verdict.

"This statement by the Arkansas Supreme Court, which is the appellate body that would hear any matters involving capital punishment, either indicates its belief that Judge Griffen cannot be impartial in this type of case, or that Judge Griffen presiding over a death case would undermine the public's confidence in the outcome of the case due to his public display that gave rise to this entire matter," chief deputy John Johnson wrote in his motion. "Because of the language of the Order, it would seem that allowing any death penalty case to be heard by Judge Griffen, whether for pretrial motions or before a jury, would be building error into the case or jeopardizing the integrity of the process."

Reached for comment Wednesday, Johnson said he is exploring options on how to proceed.

Prosecutors have not stated whether they will seek the death penalty in the case, which involves the January 2020 double homicide of a Sherwood couple. Charged in the slayings are Napoleon Haire Jr., 34, and Gabrielle Marie Hill, 27, both of North Little Rock.

In the motion, Johnson described the decision to pursue execution as a serious and complex one that prosecutors need time to fully consider.

"Rushing the decision regarding the death penalty is not a practice this office wishes to employ. The decision of whether to pursue the death penalty is a solemn one that the office ... takes very seriously," he wrote. "It is concerning to think that a victim's family, defendant, defense counsel or the general public would have the impression that it was made in haste."

He emphasized in the pleading that prosecutors have no concerns about Griffen's impartiality as judge.

"The Office of the Prosecuting Attorney has complete faith in the fairness of Judge Griffen when on the bench," the motion states. "This office has never seen Judge Griffen allow his personal opinions to taint his rulings from the bench. This office has never requested that Judge Griffen recuse himself from a case, and is not doing so now."

Source: arkansasonline.com, John Lynch, October 30, 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)

Israel builds execution chamber for Palestinians convicted of murder

In March, the Knesset approved legislation that calls for the execution of Palestinians convicted by a military court of killing Israelis Israeli authorities are preparing a prison wing—replete with an execution chamber—designated specifically for Palestinian prisoners convicted of murder, Israel’s i24NEWS channel reported Tuesday. The move comes after the Knesset (Israel’s parliament) approved legislation in March that calls for the execution of Palestinian prisoners convicted by a military court of murdering Israelis.

Florida executes William Frances Silvia

Florida executed its 13th death row prisoner of the year Tuesday evening amid the state’s aggressive use of the death penalty championed by Governor Ron DeSantis. William Frances Silvia, 61, who was convicted of fatally shooting his estranged wife and injuring his mother-in-law in 2006, was pronounced dead at 6:11 p.m. after receiving the lethal three-drug injection at Florida State Prison.  At 6 p.m. Tuesday, Silvia was already strapped to a gurney with an IV in his arm when the curtain to the death chamber went up.  He remained relatively motionless with his eyes and mouth open throughout most of the execution while a priest sat at his feet and prayed.

Spared execution eight times, oldest inmate in US dies at 101 after 76 years behind bars

Francis Clifford Smith was given his last meal eight times. But after being spared execution each time, he went on to be regarded as the longest-serving prisoner in the US before dying in June at 101 years old. Convicted of murder in 1950 when he was 25, he always maintained his innocence, those who knew him told the BBC. Andrius Banevicius, the public information officer for Connecticut's Department of Correction, recounted how Smith used to feed the birds while in Osborn Prison, earning him the nickname The Birdman of Osborn.

Cartoons about Capital Punishment

  More cartoons about capital punishment HERE

Tennessee | The doctor who helps put prisoners to death

Dr. Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients—why is he working in the death chamber? Mark Fowler, a physician with 25 years’ experience, stepped beneath the bright lights and approached the middle-aged man lying on a gurney. Around him, people in medical gowns prepared needles and sterile tubing. It had all the appearances of a hospital setting. Fowler had been called in to help establish an IV line through which the 57-year-old man, Tony Carruthers, would be injected with pharmaceutical drugs. The team had struggled to find a vein, so Fowler was summoned to set a central line—an intravenous catheter inserted into the major vein below the collarbone.

Alabama is trying a death penalty bait-and-switch

For a decade, Alabama death row inmate Jeffrey Lee has been clear that he does not want to be executed by lethal injection . But that is what awaits him on September 17 . He faces that prospect because the state has been enjoined from using nitrogen hypoxia , the alternative execution method he preferred, to put him to death. Having failed to show that its nitrogen hypoxia protocol is constitutionally acceptable, Alabama wants a do-over to force Lee to die by lethal injection as a result of its own failure. It should not get one. Alabama should only be able to put Lee to death if it can fix nitrogen hypoxia’s constitutional defects.

Alabama executes Jeremy Williams

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Tennessee executes Darrell Hines

The state has spent millions of dollars over decades to execute a seriously ill man who was already incarcerated. The state of Tennessee executed death row inmate Darrell Hines Thursday morning, according to an advocacy group.  No formal announcement of the execution has been issued by state leaders yet. The execution was slated for 10 a.m. Thursday at Riverbend Maximum Security Institution in Nashville. [DPN update] Hines was pronounced dead at 10:43 a.m. CDT. His last meal was fried chicken, mashed potatoes and gravy, coleslaw, corn, fries, biscuits, a chicken sandwich, chocolate chip cake, and sweet tea.

The 'Black Widow' shakes Iran: 10 death sentences for a serial killer who killed 12 men

Kolthum Akbari, an Iranian woman widely dubbed the “Black Widow,” was convicted of serial murders of elderly men she married, often temporarily. Official accounts generally center on 11 murders (plus one attempted murder), though Akbari herself gave varying figures and investigations suggested she had many more marriages.  The sentencing occurred primarily in September 2025 in Mazandaran Province, with ongoing reporting and updates into 2026. The 56- to 59-year-old killer confessed to killing at least 11 elderly men after temporarily or officially marrying them; Iranian authorities have linked her to additional marriages and possible further victims.