Skip to main content

Arkansas death row inmate asks court to expedite execution

A death row inmate spent Monday in court so a lawyer could fight his death sentence, despite his own desire to die.

In 2016, Scotty Ray Gardner was arrested for the murder of Susan Stubbs. His attorney says his desire to be executed was made clear during the months leading up to his conviction and sentencing. Public and private statements since Gardner's trial reaffirm his desire to be executed.

Gardner has just finished his eighth year on death row. Meanwhile, his case is undergoing a standard appeals process. At the Faulkner County Courthouse in Conway on Monday, his new attorney Lee Short called Gardner's former attorney to the stand. Thomas Scott Brisendine represented Gardner in the initial 2018 murder trial.

Though he’s a public defender, Brisendine was a part of a full team of lawyers and investigators who worked on the case. Brisendine, who has dedicated much of his career to anti-death penalty work, wanted to “seek life.”

But Gardner made this aim difficult. In a meeting with the defense team, Brisendine said Gardner made a “logical, passionate speech about why he wants the death penalty.”

This contrast between what Gardner wanted and his lawyer's goals was the heart of Monday's testimony.

Ineffective Assistance of Counsel is a common claim made in appeals. The concept comes out of the Sixth Amendment of the U.S. Constitution, which says the accused shall “enjoy” “the Assistance of Counsel for his defense.”

In 1984, the U.S. Supreme Court expanded this language to account for the “effectiveness” of counsel. But it's still a high bar to meet.

In appeals cases, a new attorney must prove their client's previous legal team was both deficient and that the deficiencies would have changed the outcome of the case.

Lee Short, Gardner's current attorney, tried to argue that the initial murder defense was lacking. Gardner was allowed to make unwise decisions in his case, despite his lawyer's advice. These arguments were part and parcel with a second discussion over whether Gardner's mental capacity should have prevented him from making decisions on his own behalf.

Prosecutor Carol Crews slowly dismantled the appeal on cross-examination. She pointed to trial documents proving capacity and autonomy avenues were fully explored.

Brisendine kept saying he “couldn't recall” the details of the almost ten-year-old case.

“It's easy not to recall when you don't review your records, correct?" Crews asked Brisendine.
___

When she was murdered, Stubbs was staying at a Days Inn motel in Conway. The pair had a romantic past that culminated in Stubbs filing a restraining order against Gardner months before the murder. The order contains serious allegations of stalking and domestic violence.

Gardner murdered Stubbs in her hotel room. She was strangled to death with the extension cord on a curling iron. Gardner then stole her money and phone and spent the night gambling in Hot Springs, where he was arrested.

At the Faulkner County Sheriff's Office, police took pains to preserve Gardner's civil rights. Detective Melissa Smith read Gardner his rights, slowly asking if he understood each one. When Gardner asked for a lawyer, Smith ended the interrogation.

“You have a right to an attorney,” she said. “I would never, ever, ever infringe upon that. That's a wonderful right we have.”

She said Gardner was welcome to change his mind.

Days later, he met with Smith again. At first, Gardner feigned confusion over the case. He asked Smith how Stubbs died, as if he didn't know. Then he ranted about their relationship.

About 20 minutes in, Smith says, "What we're looking at is a murder in the second degree. So not like a pre-meditated thing.”

“I mean, I ain't going to lie,” Gardner responds abruptly. “I did it.”
___

During Gardner's trial, Brisendine wanted to say the murder was a “crime of passion” and not premeditated, because in order to get the death penalty, you have to prove premeditation.

But Gardner made statements after the murder implying the crime involved some planning. Brisendine hoped to argue these statements were mischaracterized hindsight, but Gardner didn't want his lawyer to put on a defense.

This issue of whether a lawyer should make calls based on their expertise or the client's wishes came before the U.S. Supreme Court in 2018, the same year Gardner went on trial.

McCoy v. Louisiana is strikingly similar to the Gardner case. In 2008, Robert McCoy was charged with triple murder. The case against him was strong. McCoy was caught carrying the murder weapon; he had possession of one victim's cellphone, and a 911 call during the crime implicated him as the murderer.

His attorney, Larry English, thought the evidence against his client was too insurmountable for a “not guilty” plea. In an attempt to save his life, English stood before the jury and said McCoy did it. McCoy had wanted to say he was framed, something English refused to engage with. He also claimed to have alibis, but after investigation, English called the claim “delusional.”

The court prevented McCoy from firing his lawyer.

Writing for the majority, Justice Ruth Bader Ginsburg said lawyers should be loyal to their clients' wishes over their best judgment.

Gardner's attorney, Scott Brisendine, says he wrestled with the question personally. Following his client's wishes meant the chances of Gardner dying were high, but going against his wishes could possibly save his life.

Brisendine consulted with the Georgetown law professor quoted in Ginsburg's opinion. Erica Hashimoto wrote a law review article arguing a client's wishes should take precedence to preserve defendant autonomy.

“The Framers intended to protect defendants’ control over their own cases,” she says in the abstract.

Though on the witness stand Monday, Brisendine said he didn't think he read the McCoy decision “correctly.” He did not expand on what he meant.
___

By all accounts, Gardner wants to die. In 2020, he sent a letter to the state Supreme Court saying, "I will accept any of the 5 executions—gun, gas, rope, chair, drugs.”

Last year, he wrote both a letter to the judge and the Arkansas Democrat-Gazette saying he wants to be executed.

In March communications with Little Rock Public Radio, Gardner again said he wants to die.

“I've been doing prison time since I was 19 years old,” he said, referencing arrests at an early age. “Since day one the legal fees have been paid by the people of Arkansas as of today the state has paid millions to keep me alive. How stupid is that.”

Though he claimed dying would keep the Stubbs family from “more suffering,” he spent more time in his messages complaining about the quality of life on death row. Water is never the right temperature, he says. The night noises are loud, yard time is boring, and the channels on the prison-issued TV are “hit and a miss.”

His messages to LRPR include random line breaks, sentences in all lowercase, and no punctuation.

“Think about living in a walk-in closet for 8 years,” he said. “Eating slop off a dirty tray that has yesterday's food left on it. Life in a cave starts at 1 a m and ends at 10:30 pm. Welcome to the row.”

He is frustrated with his attorneys for continuing with normal appeals despite his hope to die.

“It’s just a game they are playing,” he said, calling his current lawyer a “piece of ship,” in a probable misspelling.

While in an Oregon prison, Gardner says he read a book about Gary Gilmore. The book Gardner read is presumably Norman Mailer's 1979 book "The Executioner’s Song," though Gardner did not reference it by name. The book is about a Utah murder where Gilmore, the defendant, asked to be executed instead of fighting his appeals.

“I really dig his way of going out,” Gardner said.
___

Gardner's mental competency was a big issue in the Monday hearing. Brisendine struggled to remember if Gardner's mental competence was explored during pre-trial. If his mental fitness was never evaluated, it could be grounds for a new trial. But on cross-examination, Brisendine was forced to acknowledge the matter had been thoroughly investigated.

Gardner was evaluated several times by different psychologists. Some evaluations say he has a possible IQ of 64, meaning he is mentally challenged and unable to assist in his own defense. Other evidence suggested Gardner may have schizophrenia.

In messages to Little Rock Public Radio, Gardner said he has faked symptoms of mental health issues.

“I don't have mental issues unless I want to act like I do to better my circumstances,” he said in one message. "Back in the day little rock state hospital was better than the jail. play crazy. go to the state hospital.”

These comments reflect similar comments made under oath, such as: "I don't have no mental illness,” and “Every time I get arrested, I act like I had problems.”

Before the trial, Gardner was evaluated by several expert psychologists who doubted the mental health claims. Prosecutor Carol Crews showed documents from at least three psychologists who did pre-conviction evaluations of Gardner. One evaluator wrote "no impairment” in her notes. Another said Gardner was “sly, not crazy” and “very manipulative,” with the word “manipulative” underlined three times.

Still another note from a psychologist said, "This guy is good.”

She pointed to two IQ tests administered before his capital murder trial measuring an IQ around 90. This number is below average but a far cry from the 60-70 points threshold of low mental functioning.

Brisendine eventually admitted that he didn't use the psychologists who evaluated Gardner in his defense strategy because they wouldn't have helped his case.

Gardner's fate is in limbo. Arguments should continue for the rest of the week in front of Circuit Judge Charles Clawson. No execution date has been set.

Source: ualrpublicradio.org, Josie Lenora, August 26, 2026




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde
Globe
Death Penalty News For a World without the Death Penalty

Comments

Most viewed (Last 7 days)

Saudi Arabia executes two Bangladeshis over 'immoral act' inside mosque

Saudi Arabia has carried out the death penalty on two Bangladeshi nationals in Mecca. The country's Interior Ministry announced this in a statement on Wednesday. According to the report, they were sentenced over allegations of involvement in immoral acts inside a mosque in Mecca. The information was reported by Ajel News, citing the Saudi Interior Ministry's statement. The two Bangladeshis executed were a man and a woman, Nazrul Islam Abdul Basir and Sithi Akhter. The “immoral acts” referred to illicit heterosexual intercourse, not homosexual activity.

Florida | Former firefighter, police officer sentenced to death in Fort Pierce killing

Otto Lenke, a Sebastian resident and former Indian River County firefighter/paramedic, as well as a former Melbourne police officer, was convicted in May 2026 of first-degree murder with a firearm and first-degree arson for the February 2021 killing of Richard Benson, owner of Fast Frank’s Cycle Concepts in Fort Pierce. SEBASTIAN—A Nineteen Judicial Circuit judge on Tuesday sentenced former Indian River County firefighter and Melbourne police officer Otto Lenke of Sebastian to death for the 2021 killing of a Fort Pierce motorcycle shop owner.

Florida | William Reaves set to be executed on Oct. 20 at 6 p.m.

With his execution date looming, convicted killer William Reaves will soon be moved from Raiford's Union Correctional Institution to a death watch cell in nearby Florida State Prison, a maximum-security complex also known as "The Rock." Reaves, 77, a former Gifford resident in Indian River County who’s been on death row for 38 years, is scheduled to die by lethal injection on Oct. 20 at 6 p.m. His execution will fulfill a sentence of death imposed for the 1986 fatal shooting of Indian River County Sheriff’s Cpl. Richard “Raz” Raczkoski outside a Zippy Mart store on State Road 60 west of Vero Beach.

Saudi Arabia executes woman, 'terrorists', 'indecent' couple, and juvenile offenders

Saudi Arabia carried out a series of executions in mid-October, including that of a woman convicted of killing her mother and attempting to kill her sister, alongside five men in the Eastern Province. Official statements described the five as terrorists; human rights groups described them as political prisoners sentenced under discretionary (ta’zir) penalties, one of whom was a child at the time of the alleged acts. The cases illustrate the kingdom’s continued use of the death penalty under Sharia, its stated commitment to public order and justice, and criticism from human rights organizations over the scope of capital punishment.

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

Saudi Arabia executes five on terrorism charges

DUBAI — Saudi Arabia executed five people Saturday on terrorism charges, the ministry of interior said, bringing the total number of death sentences carried out this year to 188, according to an AFP tally based on official statements. The five Saudi nationals were convicted of “joining a foreign terrorist organization," opening fire on security forces and “providing support” for “terrorist operations inside the kingdom." Their executions were carried out in the Eastern Province, home to most of Saudi Arabia’s Shia Muslim minority, which has long complained of marginalization in the Sunni-majority country.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Florida executes James Robertson

STARKE, Fla. — A Florida prisoner who said he killed his cellmate specifically to get on death row was executed Tuesday, nearly 18 years after the attack. James Robertson, 63, declined to offer any last words before receiving a three-drug injection and was pronounced dead about 10 minutes later. It was a stark contrast to the failed execution of Christa Pike in Tennessee two weeks ago, where she was rushed to the hospital after surviving two lethal doses of pentobarbital.

Florida Set to Execute Man Who Said He Killed to Reach Death Row, Challenging Misconception that Death Penalty Deters Crime

Florida is scheduled to execute James Robertson at noon on Tuesday, October 13, at Florida State Prison. His execution remains scheduled despite the withdrawal of William Lee Thompson’s death warrant, which had called for a 2nd execution that evening. If completed, this will be Florida’s 17th execution of 2026. Floridians for Alternatives to the Death Penalty (FADP) and partners will be holding a series of vigils and demonstrations across the state. 

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time.