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)

Taylor Parker becomes 7th woman on death row in Texas

Taylor Parker is set to become the 7th woman on death row in Texas, following her sentencing Wednesday in Bowie County for the capital murder of Reagan Hancock and the kidnapping her unborn baby, Braxlynn Sage. The baby did not survive. The last woman to be handed a death sentence in the state was Kimberly Cargill in June 2012 for the slaying of her developmentally disabled babysitter in Smith County, who was set to testify against her in a custody battle. None of the women currently on death row in Texas are scheduled for execution. According to the Texas Department of Criminal Justice, 6 women have been executed in Texas since the Supreme Court reinstated the death penalty in 1976, more than any other state, according to Death Penalty Information Center. The last woman to be executed in the U.S. was Lisa Montgomery in January 2021. It was the first execution of a female inmate carried out by the federal government since 1953, and her case is chillingly reminiscent of Parker’s. She wa...

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 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.

Florida | DeSantis sets execution of man who killed Indian River deputy, temporarily pauses another execution

William Reaves is scheduled to be executed by lethal injection at Florida State Prison on Oct. 20th. It's the 18th death warrant Gov. DeSantis has signed this year. Reaves shot Deputy Sheriff Richard Raczkowski in September 23, 1986. Gov. Ron DeSantis signed his 18th death warrant of the year Friday. William Reaves, convicted of the 1986 killing of an Indian River County Sheriff's deputy, is set to be executed by lethal injection at Florida State Prison in Starke on Oct. 20.

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.

Who Should Bear the Burden of Preventing Pain in US Executions?

A physician uses a cartoon lawsuit to question the burdens US execution law places on condemned prisoners. As a physician, I have spent a career on the far side of a fact pattern I did not choose. This is the moment when something prescribed or administered goes wrong inside a body that trusted it not to. I have seen that more than once. It would be more comfortable to cast myself as the one who gets hurt. It is more honest to say I am the supplier. The drug, the dose, the device, and the airway all enter the body through me. In the cartoon, I am not the coyote. I am Acme.

Alabama executes Jeffery Lee

MONTGOMERY, Ala. (WBMA) — Alabama has executed Jeffery Lee, nearly three decades after he was convicted in the 1998 killings of two people during a pawnshop robbery in rural Dallas County. Lee, 49, was put to death by lethal injection Thursday evening at William C. Holman Correctional Facility in Atmore. His execution came three months after a federal judge blocked Alabama's plans to execute him using nitrogen gas. He was pronounced dead at 6:22 p.m. Central Time, according to the office of Governor Kay Ivey. 

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. 

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.

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.