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)

Gov. Mike DeWine calls for Ohio to abolish the death penalty

COLUMBUS, Ohio (WCMH) — Gov. Mike DeWine Tuesday morning called on Ohio to abolish the death penalty, citing data that he said proves it is no longer a deterrent to violent crime. “For the state to take a human life, there must, in my opinion, there must be evidence that in doing so it will help protect the public, that the threat of that action will deter someone from committing murder,” DeWine said. “I do not believe that argument today can be successfully made.” DeWine cited data showing a decline in the last four decades of executions being carried out and an increase in the time inmates spend on death row.

I watched Ohio's last execution. Here's what it was like

As Gov. DeWine calls for Ohio to end capital punishment, the state’s last execution remains the one I witnessed in 2018 Inside Ohio's death house, there is a room for executions and separate witness rooms: one for those connected to the victim and another for those connected to the inmate. Windows separate the death chamber from those watching, the condemned from the living. I was there on July 18, 2018 – during Ohio’s most recent execution. Robert Van Hook was put to death that day for killing David Self in 1985. He sat on death row for three decades. I was one of three media witnesses to the execution.

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.