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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.