Skip to main content

Judge Orders Hearing for Idaho Prisoner Who Faced 5 Execution Dates, Claims of Repeated ​‘Psychological Torture’

Idaho U.S. District Judge B. Lynn Winmill has ruled in favor of death-row-prisoner Gerald Pizzuto, indefinitely pausing his March 2023 execution date, and granting him a hearing in his claim that the state of Idaho violates his Constitutional right against cruel and unusual punishment by repeatedly scheduling execution dates while knowing the state does not have the means to carry it out. “As Pizzuto describes it,” Judge Winmill wrote, “defendants’ repeated rescheduling of his execution is like dry firing in a mock execution or a game of Russian roulette… With each new death warrant comes another spin of the revolver’s cylinder, restarting the 30-day countdown until the trigger pulls. Not knowing whether a round is chambered, Pizzuto must relive his last days in a delirium of uncertainty until the click sounds and the cylinder spins again.”

Mr. Pizzuto, who has been on death row since 1986, has faced five execution dates during his 37 years behind bars, three of which have been set during the past two years. Despite being under hospice care for the last three years with terminal bladder cancer, the state says it intends to execute Mr. Pizzuto. According to Attorney General Raúl Labrador, “Idaho law is clear: Those who commit the most egregious crimes deserve the ultimate punishment… Pizzuto was sentenced to death. We followed the law and obtained a new death warrant.” AG Labrador’s most recent effort to execute Mr. Pizzuto came in February 2023, when he secured a death warrant for the following month. The same day that AG Labrador announced his intention to obtain a death warrant for Mr. Pizzuto, Mr. Pizzuto’s attorneys filed a lawsuit claiming that “the state had operated in bad faith by obtaining death warrants while knowing it lacked the lethal injection drugs required under Idaho law to execute [their] client.”

AG Labrador requested that the court dismiss Mr. Pizzuto’s claim that the repeated rescheduling of his execution violated his Eighth Amendment rights, but Judge Winmill dismissed the AG’s motion. Judge Winmill also rejected Mr. Pizzuto’s claim that his due process rights were violated under the 14th Amendment but found Mr. Pizzuto’s claims of mental anguish and “psychological torture” were “plausible,” which is the legal threshold required for a hearing.

Having spent nearly four decades on death row, Mr. Pizzuto’s attorneys argue that Idaho’s repeated scheduling of executions “does not fall within [US] society’s standards for a constitutional execution. The setting of multiple execution dates has been psychologically traumatizing to [him].” Many experts in the capital punishment sphere believe the long periods of isolation during time spent on death row can lead to suicidality, delusion, and insanity. This concept, ‘death row phenomenon,’ occurs when long-term isolation and uncertain outcomes begin to have psychological implications. For those living on death row, there is a dichotomy to their daily life: certainty and uncertainty. As Reprieve describes, there is “the certainty and mounting tensions that execution is an inevitability that looms ever closer, but uncertainty about exactly when it will happen, and how long the lengthily legal process, with its many delays and improbabilities, will leave the prisoner in this state.”

In a notable ruling from the Inter-American Commission on Human Rights (IACHR) issued in 2018, the Commission determined that in the case of Russell Bucklew, a death-sentenced prisoner in Missouri, the United States had violated Bucklew’s human rights granted by the American Declaration of the Rights and Duties of Man by keeping him on death row for more than 20 years. In its decision, the Commission wrote:

Russell Bucklew has been deprived of his liberty on death row from 1997 to the date of the present report, i.e., more than 20 years. The Commission notes that the time spent by Russell Bucklew on death row greatly exceeds the length of time that other international and domestic courts have characterized as cruel, inhuman, and degrading treatment. The very fact of spending 20 years on death row is, by any account, excessive and inhuman. Consequently, the United States is responsible for violating, to the detriment of Russell Bucklew, the right to humane treatment and not to receive cruel, infamous, or unusual punishment established in Article XXVI of the American Declaration.

The United States Supreme Court has not directly addressed a challenge to the constitutionality of the extended time most prisoners spend on death row, though former Justices John Paul Stevens and Stephen Breyer previously raised concerns about the constitutionality of prolonged delays. In a 1995 response to a denial of certiorari, Justice Stevens questioned whether the two principle justifications for the death penalty, deterrence and retribution, retained “any force” after a seventeen year delay on death row. Joining Justice Stevens, Justice Breyer wrote that this issue is “an important undecided one,” but neither Justice dissented from the Courts decision to decline hearing the case. Later in his tenure on the Court, however, Justice Breyer noted the tension between avoiding lengthy delays without curtailing constitutional guarantees. In Bucklew v. Precythe, Justice Breyer’s dissent notes that undue delays in death penalty cases “exacerbate the suffering that accompanies an execution itself,” and can “aggravate the cruelty of capital punishment” by subjecting the offender to years in solitary confinement. He continues that delays also “undermine [capital punishment’s] jurisprudential rationale” by reducing its deterrent effect and retributive value. Justice Breyer concludes that “it may be that there is no way to execute a prisoner quickly while affording him the protection that our Constitution guarantees to those who have been singled out for our law’s most severe sanction.”

Source: Death Penalty Information Center, Staff, August 16, 2023


_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:












HELP US KEEP THIS BLOG UP & RUNNING!



"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. 

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.

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.

Tennessee Supreme Court denies stay for death row inmate Christa Pike

(TNND) — As Tennessee prepares for a Sept. 30 execution, the Tennessee Supreme Court has denied death row inmate Christa Gail Pike’s request to stop it. The court rejected Pike’s challenge to the state’s lethal-injection protocol, finding that her thrombocytosis diagnosis, a condition involving elevated blood platelets, did not show the execution would violate the Eighth Amendment ban on cruel and unusual punishment.

Florida | Tomasz Kosowski found guilty of murder after representing himself in death penalty case

Tomasz Kosowski sat each day alone at the defense table, wearing orange jail garb and rubber sandals with socks. In a rare and largely unprecedented move for a death penalty case, Kosowski represented himself, waiving his right to a jury trial and allowing a judge in Pinellas County, Florida, to decide his fate. Prosecutors presented the state’s case over six days, laying out for the judge how the former plastic surgeon accosted Steven Cozzi in the bathroom of his law office on a Tuesday morning, and Cozzi was never seen again.

Philippines | President Marcos Grants Absolute Pardon to Mary Jane Veloso

President Marcos Confirms Decision to Grant Absolute Pardon to Mary Jane Veloso  President Ferdinand R. Marcos Jr. has signed an absolute pardon for Mary Jane Veloso after more than a decade.  On Friday (September 25, 2026), the President confirmed the decision during a visit to Guiuan, Eastern Samar.  According to him, the pardon was officially signed the previous day, marking a major development in the case.  

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.

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.