Skip to main content

Indiana’s First Execution in 15 Years Raises Serious Constitutional Concerns

If Joseph Corcoran had been sen­tenced to death just a few miles to the east, across the bor­der in Ohio instead of in Fort Wayne, Indiana, it’s like­ly that a court would have barred his exe­cu­tion. Ohio law pre­vents a per­son with a seri­ous men­tal ill­ness (SMI) at the time of their crime, defined as schiz­o­phre­nia, schizoaf­fec­tive dis­or­der, bipo­lar dis­or­der, or delu­sion­al dis­or­der, from being put to death. 

Mr. Corcoran, who has a long his­to­ry of para­noid schiz­o­phre­nia diag­noses by at least five dif­fer­ent doc­tors, vol­un­teered for exe­cu­tion and believes that prison guards are tor­tur­ing him with an ultra­sound machine. But Indiana has no SMI law, and Mr. Corcoran is sched­uled for exe­cu­tion before sun­rise on Wednesday, December 18 — the state’s first exe­cu­tion in 15 years [Update: Indiana executes Joseph Corcoran]. 

Unlike all oth­er active death penal­ty states, jour­nal­ists will not be allowed to observe. Indiana’s effort to restart exe­cu­tions has pro­voked seri­ous con­cerns about Mr. Corcoran’s men­tal com­pe­ten­cy, his right to have a spir­i­tu­al advi­sor present in the death cham­ber, and the state’s lack of trans­paren­cy. Spiritual groups, vic­tims’ fam­i­ly mem­bers, and the orig­i­nal pros­e­cu­tor in the case all favor stop­ping Mr. Corcoran’s execution.

“The Torture That Is Not Real” 


Evidence of Mr. Corcoran’s seri­ous men­tal ill­ness dates to his ear­ly child­hood, includ­ing self-iso­la­tion, self-harm, and ​“extreme para­noia.” At age 22 in 1997, he shot his broth­er, his sister’s fiancé, and two friends after over­hear­ing the men talk­ing about him. He imme­di­ate­ly admit­ted guilt and asked a neigh­bor to call the police. Before tri­al, he reject­ed a plea deal, say­ing he would only agree if the state ​“would sev­er his vocal cords first because his invol­un­tary speech allowed oth­ers to know his inner­most thoughts.” Five doc­tors who diag­nosed him with schiz­o­phre­nia con­clud­ed that he was incom­pe­tent to stand tri­al or waive his appeals, but courts per­mit­ted him to do both even as they acknowl­edged his delusions. 

“Corcoran is under the para­noid delu­sion that prison guards are tor­tur­ing him with sound waves. As a result, Corcoran wants the State to exe­cute him in order to end the pain. I am not will­ing to accommodate him.” — Indiana Supreme Court Justice Robert D. Rucker, dis­sent­ing from a deci­sion allow­ing Mr. Corcoran to waive his appeals (2005)

To deter­mine whether a per­son is com­pe­tent to be exe­cut­ed, courts ask only whether the per­son has a ​“ratio­nal under­stand­ing” of their pun­ish­ment — a low stan­dard open to inter­pre­ta­tion that has result­ed in the exe­cu­tion of many peo­ple with evi­dence of severe men­tal ill­ness. When a men­tal­ly ill death-sen­tenced pris­on­er seeks to waive appeals and ​“vol­un­teer” for exe­cu­tion, courts might not even con­duct a com­pe­ten­cy hear­ing, because Indiana law requires the prisoner’s approval for any fil­ings chal­leng­ing an exe­cu­tion. For this exact rea­son, Mr. Corcoran is sched­uled for exe­cu­tion based on a com­pe­ten­cy deter­mi­na­tion from twen­ty years ago. In a recent piece of writ­ing titled ​“Electronic Harassment: A Whistle-blow­er Report,” Mr. Corcoran described his belief that the Indiana State Prison uses a secret ultra­sound machine to con­trol his thoughts and sleep. But no court has held a hear­ing on that evi­dence; the Indiana Supreme Court ruled by a 3 – 2 vote on December 5 that his defense attorney’s peti­tions for a com­pe­ten­cy hear­ing could not be con­sid­ered because Mr. Corcoran did not autho­rize any efforts to delay his execution.

Mr. Corcoran ​“lacks any ratio­nal under­stand­ing of his impend­ing exe­cu­tion — he sim­ply wants to expe­dite the end­ing of the tor­ture that is not real.” — Larry Komp, attor­ney for Joseph Corcoran

In dis­sent, Indiana Supreme Court Justice Christopher Goff, joined by Chief Justice Loretta Rush, argued that the court should have stayed Mr. Corcoran’s exe­cu­tion and ordered a psy­chi­atric exam­i­na­tion to com­ply with con­sti­tu­tion­al require­ments for com­pe­ten­cy. ​“To ignore these find­ings now and pro­ceed with exe­cu­tion with­out a cur­rent com­pe­ten­cy eval­u­a­tion amounts to enabling his delu­sions — a state-sanc­tioned escape from suf­fer­ing rather than a mea­sured act of jus­tice,” Justice Goff wrote. 

Justice Goff raised fur­ther con­cerns about the abil­i­ty to waive appeals at all. ​“Allowing a per­son to ​‘vol­un­teer’ for exe­cu­tion — whether by choos­ing to with­hold mit­i­gat­ing evi­dence at sen­tenc­ing, waiv­ing the right to appel­late review, or elect­ing not to seek post-con­vic­tion relief — threat­ens to under­mine the state’s height­ened-reli­a­bil­i­ty inter­ests in death-penal­ty cases…and ulti­mate­ly ​‘threat­ens to dimin­ish pub­lic con­fi­dence in the integri­ty of the judi­cial sys­tem,’” he wrote. These com­ments echo Supreme Court Justice Thurgood Marshall’s warn­ing in 1979, soon after the first exe­cu­tions in the mod­ern era of the death penal­ty were con­duct­ed — most­ly of vol­un­teers — that “[s]ociety’s inde­pen­dent stake in enforce­ment of the Eighth Amendment’s pro­hi­bi­tion against cru­el and unusu­al pun­ish­ment can­not be over­rid­den by a defendant’s purported waiver.” 

Justice Marshall called the vol­un­teer process ​“noth­ing less than state-admin­is­tered sui­cide.” A recent DPI analy­sis found that 87% of vol­un­teers have known men­tal ill­ness or sub­stance abuse issues, and the rate of vol­un­teer­ing for exe­cu­tion is ten times high­er than the sui­cide rate for the gen­er­al pub­lic — but near­ly iden­ti­cal to the rate of sui­cide on death row.

On December 17, the Seventh Circuit Court of Appeals denied Mr. Corcoran a stay of exe­cu­tion in a 2 – 1 deci­sion. In dis­sent, Judge John Z. Lee wrote that the court was wrong to assume Mr. Corcoran’s com­pe­tence for exe­cu­tion based on a two-decade-old deter­mi­na­tion of competence to waive appeals, which had used a dif­fer­ent stan­dard. Judge Lee wrote that the ​“record con­tains undis­put­ed and exten­sive expert evi­dence of Corcoran’s para­noid schiz­o­phre­nia and the resul­tant per­va­sive delu­sions from which he has long suffered.”

When asked if Mr. Corcoran is men­tal­ly ill, Governor Eric Holcomb acknowl­edged that ​“he is,” but did not say whether he will grant clemen­cy on that basis. ​“I will reserve my final judg­ment until every step, every legal recourse and step, has been exhaust­ed,” he said.

“There is no penal­ty more severe — more irrev­o­ca­ble — than death. So, when review­ing cas­es impos­ing this penal­ty, jus­tice demands not haste but pre­ci­sion and care. Guaranteeing this demand con­sti­tu­tion­al­ly requires ensur­ing a pris­on­er is com­pe­tent to be executed.” — Indiana Supreme Court Justice Christopher Goff, dis­sent­ing from the court’s denial of a stay of exe­cu­tion (2024)

“A Hostility Toward Religion”


The Indiana Department of Corrections (IDOC) ini­tial­ly denied Mr. Corcoran’s request for a spir­i­tu­al advi­sor in the exe­cu­tion cham­ber, but reversed course on December 12 after Mr. Corcoran’s attor­neys filed a fed­er­al law­suit argu­ing that the deci­sion dis­played ​“a hos­til­i­ty toward reli­gion.” IDOC will now allow Reverend David Leitzel, who has known Mr. Corcoran since he was 12 years old, to pray with him in the exe­cu­tion cham­ber and have lim­it­ed phys­i­cal con­tact, such as hold­ing his hand.

Indiana's death chamber
In ini­tial­ly deny­ing the request, IDOC Chief Legal Officer Anna Quick had argued that ​“IDOC takes the anonymi­ty of our staff very seri­ous­ly and will not per­mit an out­side per­son in the death cham­ber, as the safe­ty, secu­ri­ty and secre­cy of those staff could be com­pro­mised.” But defense attor­neys respond­ed that ​“every oth­er state that active­ly car­ries out exe­cu­tions as a pol­i­cy mat­ter allows spir­i­tu­al advi­sors to be present, phys­i­cal­ly touch, and talk qui­et­ly with their spir­i­tu­al charge as they are dying.” They argued that IDOC’s pol­i­cy would ​“pro­hib­it Mr. Corcoran’s free exer­cise of his Christian faith in the cru­cial moments lead­ing to his pas­sage to the afterlife.”

The same day the IDOC announced Rev. Leitzel could be present in the cham­ber, sev­en­ty faith lead­ers deliv­ered a signed let­ter to Gov. Holcomb oppos­ing Mr. Corcoran’s exe­cu­tion. “[W]e long to see the mer­cy, com­pas­sion, equi­ty, and jus­tice of God reflect­ed in pub­lic poli­cies that pro­mote safe­ty, human dig­ni­ty, and heal­ing for all Hoosiers,” the faith lead­ers wrote. In a clemen­cy let­ter, Mr. Corcoran’s attor­neys urged Gov. Holcomb that the ​“tak­ing of Joe’s life, espe­cial­ly dur­ing the Christmas sea­son, rebukes the fun­da­men­tal Christian belief that all peo­ple are wor­thy of redemp­tion through God’s grace and love.” 

State Rep. Bob Morris, a Republican rep­re­sent­ing the Fort Wayne area where Mr. Corcoran was sen­tenced, also joined the cho­rus oppos­ing his exe­cu­tion. He said that he intends to intro­duce a death penal­ty abo­li­tion bill in the 2025 ses­sion based on his belief that ​“only one posi­tion hon­ors our Lord and Savior, our Creator: to pro­tect all human life.”

“Denied Virtually Every Information Request”


Indiana’s refusal to allow jour­nal­ists to wit­ness the exe­cu­tion com­pounds the con­sti­tu­tion­al risks. Indiana is one of just two states, along with Wyoming, that entire­ly bars media access to exe­cu­tions; oth­er states allow as many as 12 reporters to observe. Media pres­ence is cru­cial because the media serves as the public’s eyes and ears, doc­u­ment­ing how the state is using tax­pay­er funds and resources. In the past, media wit­ness­es have played cru­cial roles in expos­ing botched exe­cu­tions, even where state offi­cials denied any problems. 

Indiana jour­nal­ist Niki Kelly report­ed that IDOC has ​“denied vir­tu­al­ly every infor­ma­tion request relat­ed to the exe­cu­tion,” includ­ing ​“how many vials were bought, what it cost, the expi­ra­tion date.” Other states have spent hun­dreds of thou­sands of dol­lars on exe­cu­tion drugs in recent years, from dubi­ous sources such as over­seas busi­ness­men and com­pound­ing phar­ma­cies with his­to­ries of health and safe­ty vio­la­tions. Ms. Kelly filed a com­plaint with the state’s Public Access Counselor to try to learn more about how Indiana obtained the drugs after a 15-year effort, but was denied any infor­ma­tion based on recent leg­isla­tive changes that restrict the counselor’s powers. 

The ​“leg­is­la­ture tied the access counselor’s hands behind his back and Hoosiers have to instead file a law­suit to get an answer…it’s clear Hoosiers won’t know what the state of Indiana spent when Corcoran takes his last breath,” Ms. Kelly wrote. ​“Public access and trans­paren­cy have tak­en a beat­ing dur­ing the process to resume executions…[and] that hurts pub­lic con­fi­dence in the system.” 

“At A Loss For Words”


Officials often describe exe­cu­tions as ​“clo­sure” for the victim’s fam­i­ly and the jus­tice sys­tem — but the peo­ple clos­est to the case oppose Mr. Corcoran’s exe­cu­tion. His sis­ter Kelly Ernst, who was also the sis­ter of one of the vic­tims and engaged to anoth­er of the vic­tims, said that ​“his fam­i­ly wants a par­don,” and she and her twin sis­ter will not attend the exe­cu­tion if it goes for­ward. ​“It’s not going to pro­vide clo­sure for any­one involved,” Ms. Ernst said. ​“He’s mentally ill.” 

“I’m at a loss for words. I’m just real­ly upset that they’re doing it close to Christmas. My sis­ter and I, our birth­days are in December. I mean, it just feels like it’s going to ruin Christmas for the rest of our lives. That’s just what it feels like.”

Kelly Ernst, sis­ter of Joseph Corcoran, sis­ter of one vic­tim and fiancée of another

Robert Gevers, the elect­ed pros­e­cu­tor for Allen County at the time of the crime, per­son­al­ly obtained the death sen­tence against Mr. Corcoran — but says ​“if it were on my plate today, I would prob­a­bly act differently.”

“Times have changed, my own think­ing has changed,” Mr. Gevers said. ​“The death penal­ty is ret­ri­bu­tion. That’s all it is. Saving someone’s life is grace. So, are we a soci­ety about ret­ri­bu­tion or grace?”

Source: Death Penalty Information Center, Leah Roemer, December 17, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Comments

Most viewed (Last 7 days)

South Korea ferry disaster: Surviving passengers of Sewol tragedy give evidence in court

Surviving passengers of a South Korean ferry which sunk in April, killing 304 people, are due to give evidence in the trial of its captain and 14 crew members. Students from the Danwon High School in Ansan, 18 miles south of Seoul, will testify with other passengers in a smaller court nearer to their home, rather than the one where the defendants are being seen in Gwangju, in the south of the country. The Sewol ferry set sail on 16 April with 476 passengers and crew on board - more than 300 of which were schoolchildren. They were enroute from the mainland to the island resort of Jeju as part of a school trip, when nearing the end of the journey, the vessel, which was overloaded, also made a sharp turn to the right causing it to capsize. Captain Lee Joon-seok, 68, was caught on rescue footage being one of the first to leave the ship, while many passengers, obeying orders, remained in the cabins. It is thought a delayed evacuation order from the captain did n...

Tennessee | Questions Raised About the Doctor Who Was Overseeing Tony Caruthers’ Execution

Mark Fowler, according to a deposition, had not placed a central line in a patient for more than a decade when he attempted to put one in Carruthers Around 11 a.m. Thursday morning in the execution chamber at Riverbend Maximum Security Institution in Nashville, a medical doctor stepped in and attempted to place a central IV line in Tony Carruthers’ chest. By that point, the prison staff had spent some 30 minutes trying unsuccessfully to insert a backup IV line that would allow them to proceed with the lethal injection. According to Carruthers’ attorney Maria DeLiberato, who was in the room, after asking a staff member to attempt inserting a line through Carruthers’ jugular vein, the doctor moved on to the central line, which is identified as the last resort in Tennessee’s lethal injection protocol .

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...

Arizona executes Leroy McGill

Arizona executes inmate who set couple on fire in 'horrific attack' Arizona has executed Leroy McGill for setting 21-year-old Charles Perez and his 24-year-old girlfriend on fire. Perez died the next day and Perez survived with severe burn injuries.  Arizona has executed a death row inmate for setting 2 people on fire more than 20 years ago, killing 1 of them and changing the other's life forever.  The state executed Leroy McGill, 63, by lethal injection on Wednesday, May 20, for the 2002 murder of 21-year-old Charles Perez. McGill set Perez and his girlfriend on fire after they accused him of theft, court records say. Perez died of his injuries the next day while his girlfriend survived with severe burns. 

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...

Tennessee fails to execute Tony Carruthers after IV difficulties. State won't try again for a year

NASHVILLE, Tenn. (AP) — Tennessee officials on Thursday called off the lethal injection of Tony Carruthers, who was convicted of kidnapping and murdering three people in 1994, after his executioners tried and failed for over an hour to establish an intravenous line. Gov. Bill Lee announced soon afterward that the state would not try again for at least a year. In a written statement, the Tennessee Department of Corrections said medical personnel had quickly established a primary IV line but were unable to find a suitable vein for a backup line as required by the state’s execution protocol. Efforts to insert a central line also failed, and officials called off the execution.

EU GSP+ Reform: Will Brussels Finally Enforce Its Own Conditions on Pakistan?

The EU has tightened the rules governing GSP+ trade preferences, but Pakistan’s record raises a harder question: whether Brussels is prepared to suspend market access when a major beneficiary fails to demonstrate sustained compliance with human rights, labour and governance obligations. The European Union has formally adopted revised rules for its Generalised Scheme of Preferences, strengthening the conditions attached to preferential market access for developing countries. The new framework will apply from 1 January 2027 and is intended to tighten monitoring, widen the list of international conventions, and make suspension of benefits easier in cases of serious violations.

Former Oklahoma death row inmate Richard Glossip goes free on $500k bond

Richard Glossip was released from jail Thursday, May 14, on a $500,000 bond, a major victory for the former death row inmate who has come so close to execution that he has had three last meals. Glossip, 63, is awaiting his third trial in his 1997 murder-for-hire case. He walked out the front door of the Oklahoma County jail, holding hands with his wife, Lea Glossip, as a stiff Oklahoma breeze whipped his hair. "I'm just thankful for my wife and my attorneys," he told reporters. "I'm just happy." His release came hours after Oklahoma County District Judge Natalie Mai set bail in a 13-page order that pointed to issues with the key witness against him.

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.

Florida executes Richard Knight

Man convicted of killing a woman and her 4-year-old daughter is executed in Florida  A Florida man convicted of fatally stabbing his cousin’s girlfriend and the couple’s 4-year-old daughter was put to death Thursday evening, becoming the 7th person executed by the state this year.  Richard Knight, 47, was pronounced dead at 6:13 p.m. following a 3-drug injection at Florida State Prison near Starke. Knight was convicted of 2 counts of 1st-degree murder in the June 2002 killings of Odessia Stephens and her daughter, Hanessia Mullings.  The curtain of the death chamber went up promptly at the scheduled 6:00 p.m. execution time. Knight was already strapped down with his arms extended and an IV line in place.