U.S. executes 2nd federal inmate in two days at Indiana prison, latest in rare series of lame-duck executions
Alfred Bourgeois, 56, was pronounced dead at 8:21 p.m. Eastern time after receiving a lethal injection at the federal prison in Terre Haute, Indiana.
His lawyers argued Bourgeois had an IQ that put him in the intellectually disabled category, saying that should have made him ineligible for the death penalty under federal law. Victor J. Abreu said it was “shameful” to execute his client “without fair consideration of his intellectual disability.”
In his last words, Bourgeois offered no apology and instead struck a deeply defiant tone, insisting that he neither killed nor sexually abused his baby girl. “I ask God to forgive all those who plotted and schemed against me, and planted false evidence.” And he added: “I did not commit this crime.”
Bourgeois was the 10th federal death-row inmate put to death since federal executions resumed under President Donald Trump in July after a 17-year hiatus. He was the 2nd federal prisoner executed this week, with 3 more executions planned in January.
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As the lethal injection of pentobarbital began flowing through IVs in both of his arms, Bourgeois tilted his head to the side to look at his spiritual adviser standing in a corner of the death chamber clutching a small Bible. Bourgeois gave him a thumbs-up sign, and his spiritual adviser raised his thumb in reply.
Seconds later, Bourgeois peered up toward the glass dividing him from the media and other witnesses in adjoining rooms, and then appeared to grimace and furrow his eyebrow. He began to exhale rhythmically for a minute and then his stomach starting to quiver uncontrollably. After about 5 minutes, the heaving of his stomach stopped and his entire body became completely still. He did not move for about 20 minutes before he was pronounced dead.
Bourgeois had met with his spiritual adviser earlier Friday as he sought to come to terms with the possibility of dying, and he was also praying, another one of his lawyers, Shawn Nolan, told The Associated Press just hours before the execution. He said Bourgeois had been “praying for redemption.”
Bourgeois took up drawing in prison, including doing renditions of members of his legal team. Nolan said he hasn’t been a troublemaker on death row and had a good disciplinary record.
The last time the number of civilians executed federally was in the double digits in a year was under President Grover Cleveland, with 14 in 1896.
The series of executions under Trump since Election Day, the first in late November, is also the 1st time in more than 130 years that federal executions have occurred during a lame-duck period. Cleveland also was the last president to do that.
Bourgeois’ lawyers contended that the apparent hurry by Trump, a Republican, to get executions in before the Jan. 20 inauguration of death-penalty foe Joe Biden, a Democrat, deprived their client his rights to exhaust his legal options.
The Justice Department gave Bourgeois just 21 days notice he was to be executed under protocols that slashed the required notice period from 90 days, Nolan said.
“It is remarkable. To rush these executions during the pandemic and everything else, makes absolutely no sense,” he said.
Several appeals courts have concluded that neither evidence nor criminal law on intellectual disability supported the claims by Bourgeois’ legal team.
On Thursday, Brandon Bernard was put to death for his part in a 1999 killing of a religious couple from Iowa after he and other teenage members of a gang abducted and robbed Todd and Stacie Bagley in Texas. Bernard, who was 18 at the time of the killings, was a rare execution of a person who was in his teens when his crime was committed.
Several high-profile figures, including reality TV star Kim Kardashian West, appealed to Trump to commute Bernard’s sentence to life in prison, citing, among other things, Bernard’s youth at the time and the remorse he has expressed over years.
In Bourgeois’ case, the crimes stand out as particularly brutal because they involved his young daughter.
According to court filings, he gained temporary custody of the child, referred to in court papers only as “JG,” after a 2002 paternity suit from a Texas woman. Bourgeois was living in Louisiana with his wife and their 2 children.
Over the next month, Bourgeois whipped the girl with an electrical cord, burned her feet with a cigarette lighter and hit her in the head with a plastic baseball bat so hard that her head swelled — then refused to seek medical treatment for her, court documents say. Prosecutors also said he sexually abused her.
Her toilet training allegedly enraged Bourgeois and he would sometimes force her to sleep on a training toilet.
It was during a trucking run to Corpus Christi, Texas, that he ended up killing the toddler. Again angered by her toilet training, he grabbed her inside the truck by her shoulders and slammed her head on the windows and dashboard four times, court filings say.
When the girl lost consciousness, Bourgeois’ wife pleaded for him to get help and he told her to tell first responders that she was hurt falling from the truck. She died the next day in a hospital of brain injuries.
In a statement after the execution, other members of the young girl’s family said she “lost her life brutally to a monster who lived for 18 years after the crime.”
“Now we can start the process of healing,” the statement, distributed by the Bureau of Prisons, said. “It should not have taken 18 years for us to receive justice for our angel. She will forever be loved and missed.”
After his 2004 conviction, a judge rejected claims stemming from his alleged intellectual disability, noting he did not receive a diagnosis until after he was sentenced to death.
“Up to that point, Bourgeois had lived a life which, in broad outlines, did not manifest gross intellectual deficiencies,” the court said.
Attorneys argued that finding was based on misunderstandings about such disabilities. They said Bourgeois had tests that demonstrated his IQ was around 70, well below average, and that his childhood history buttressed their claims.
Bourgeois’ lawyers didn’t argue that he should have been acquitted or should not have been handed a stiff penalty, just that he shouldn’t be executed, Nolan said.
Source: Chicago Tribune, Staff, December 12, 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
but by the punishments that the good have inflicted." -- Oscar Wilde