Journal of Psychiatrist Who Presided Over 14 Texas Executions Reveals Mental Toll That May Have Contributed to Suicide
As a psychiatrist in the Wayne Unit of Texas' Huntsville prison from 1960 to 1963, Dr. Lee Hartman presided over 14 electric-chair executions. When his grandson, Ben Hartman, a journalist, began investigating Dr. Hartman's life, he discovered journals that chronicle those executions and the psychological toll they took, possibly contributing to Dr. Hartman's suicide in 1964. Dr. Hartman's journals contain basic data on the men who were executed, including their names, race, a summary of the crime, and notes on the execution itself. More profoundly, though, they capture Dr. Hartman's reactions to his experiences and how they shaped his views on the death penalty, leaving him—in his grandson's words—"a determined opponent of capital punishment." In 1962, Dr. Hartman wrote, "The death penalty is irreparable." After the highly-publicized execution of Howard Stickney, a 24-year old who professed his innocence, Dr. Hartman wrote, "Very shook up and angry over whole cruel mess." He had been with Stickney on his scheduled November 10, 1961 execution date as they neared the door to the execution chamber. The journal reports that the phone rang at 12:32 a.m. with news that a judge had granted a 10-day stay of execution. This was "[a]pparently a complete surprise to Stickney," the journal entry says, "who broke down, prayed and wept.” In May of 1962, still professing his innocence, Stickney exhibited "[d]ignity and grace, shook hands with several guards while waiting, didn’t want to take coat off.” The journal reports: "At 12:24, warden returned–no stay, Stickney quietly sat in chair." Three separate jolts of electric current were sent through his body, "1st shock at 12:25–dead at 12:30.” Elsewhere in the journal, Dr. Hartman wrote 19 pages on arguments for and against capital punishment, clearly setting out his views. “The death penalty has a brutalizing and sadistic influence on the community that deliberately kills a member of its group,” he wrote, permitting the public “to vicariously indulge in vicious and inhumane fantasies under socially-acceptable guises.” He wrote: "The death penalty is not applied impartially. There is such surfeit of these cases that to mention them would be redundant. The poor defendant is obviously at a disadvantage and frequently receives the extreme penalty while the wealthier accused escapes a prison term. There is well known discrimination on racial or class lines." Dr. Hartman struggled with depression for many years, spending several months in a mental hospital after working in the prison. In 1964, he committed suicide by taking an overdose of pentobarbital, a drug now used to execute prisoners in Texas.
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Independent Pathologist Says Autopsy Reveals Problems With Virginia's Execution of Ricky Gray
Something went wrong during the execution of Ricky Gray (pictured), who was put to death in Virginia on January 18, 2017, according to an independent expert who reviewed the official autopsy report of Gray's death. Dr. Mark Edgar, associate director of bone and soft tissue pathology at the Emory University School of Medicine, reviewed the official autopsy report, which Gray's family obtained from the Virginia medical examiner's office. Dr. Edgar says Gray suffered an acute pulmonary edema during the execution, with liquid in his upper airways and blood entering his lungs while he was still breathing. “The anatomic changes described in Ricky Gray’s lungs are more often seen in the aftermath of a sarin gas attack than in a routine hospital autopsy." Edgar said. "This is of concern especially given the fact that midazolam is not an anesthetic, but a sedative often used for medical procedures requiring conscious sedation and the issue that the compounded drugs used in this case may have lacked potency or been impure.” Virginia's lethal-injection protocol consists of three drugs: midazolam, a sedative intended to render the prisoner unconscious, followed by a paralytic intended to stop the prisoner's breathing, followed by potassium chloride, which stops the prisoner's heart. The use of midazolam in executions is controversial because it is not an anesthetic, it is used in medical settings only for lower levels of sedation rather than to produce full unconsciousness, and its use has been linked to numerous problematic executions. In Virginia, both the midazolam and the potassium chloride are produced by compounding pharmacies whose identities are secret under state law. “This way of dying is intolerable. You can’t control your breathing—it is terrible,” Edgar said. “When it is this severe, you can experience panic and terror and, if the individual was in any way aware of what was happening to them, it would be unbearable.” After Edgar's report was released on July 6, lawyers for William Morva—whose execution was scheduled in Virginia that night—asked Governor Terry McAuliffe for a temporary reprieve. “We believed a reprieve was appropriate to allow time for further investigation to ensure that the Commonwealth carries out future executions—including Mr. Morva’s—in a manner that avoids unnecessary pain and suffering,” explained Rob Lee, one of Morva's attorneys. McAuliffe denied the reprieve, and witnesses reported that Morva made a loud noise after the midazolam was administered and had several sharp contractions of his abdomen. The same three-drug protocol used in Virginia has been proposed for use in Ohio, but is being challenged in court by death-row prisoners.
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Mid-Year Review: Executions, New Death Sentences Remain Near Historic Lows in First Half of 2017
As we reach the mid-point of the year, executions and new death sentences are on pace to remain near historic lows in 2017, continuing the long-term historic decline in capital punishment across the United States. As of June 30, six states have carried out 13 executions, with 30 other executions that had been scheduled for that period halted by judicial stays or injunctions, gubernatorial reprieves or commutation, or rescheduled. By contrast, at the midpoint of 2016, five states had carried out 14 executions, and 25 other executions had been halted. 12 executions are currently scheduled for the rest of 2017, with 8 others already halted, and several more death warrants are expected to be issued. Depending on whether Ohio carries out the five executions pending between now and December, DPIC anticipates a slight increase in executions in the U.S. from 2016's 26-year low. However, even with the spate of four executions carried out in Arkansas from April 20-27—that state's first executions since 2005—there will likely be fewer executions in 2017 than in any other year since 1990. New death sentences also remain near historically low levels. DPIC has confirmed at least 16 new death sentences so far in 2017, a pace very close to the record-low 31 new death sentences imposed in 2016. Florida's abandonment of non-unanimous jury recommendations of death and Alabama's repeal of judicial override of jury recommendations for life are expected to substantially reduce the number of new death sentences in those states. The death sentences of nearly 100 Florida death-row prisoners have been overturned as a result of the state supreme court's declaration than non-unanimous death sentences are unconstitutional, and courts in Delaware and Connecticut have continued emptying those state's death rows after their death penalty statutes were declared unconstitutional. Three people have been exonerated from death row in 2017—Isaiah McCoy in Delaware, Rodricus Crawford in Louisiana, and Ralph Daniel Wright, Jr. in Florida—bringing the number of death-row exonerations in the U.S. since 1973 to 159. There have also been three grants of clemency in the first half of 2017, bringing the national total since 1976 to 283. President Barack Obama granted clemency to federal death-row prisoner Abelardo Arboleda Ortiz and military death-row prisoner Dwight Loving, and Virginia Governor Terry McAuliffe granted clemency to Ivan Teleguz. All three are now serving sentences of life without parole. The U.S. Supreme Court has issued three significant decisions in 2017 in favor of death-row prisoners. On February 22, in Buck v. Davis, the Court granted relief to Duane Buck due to racially biased testimony on the issue of future dangerousness. A month later, in Moore v. Texas, the Court unanimously struck down Texas' outlier practice for determining intellectual disability in capital cases. In McWilliams v. Dunn, the Court found on June 19 that James McWilliams' constitutional rights were violated when Alabama failed to provide him assistance of an independent mental-health expert. The Court ruled against Texas death-row prisoner Erick Davila on June 26.
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New Statistical Brief from the Bureau of Justice Statistics Documents U.S. Death Penalty Decline
The nation's death rows are shrinking more rapidly than new defendants are being sentenced to death, according to a new Bureau of Justice Statistics (BJS) statistical brief, "Capital Punishment, 2014–2015." The statistical brief, which analyzes information on those under sentence of death in the United States as of December 31, 2014 and December 31, 2015, documents a continuing decline in executions, new death sentences, and death row populations across the U.S. 2015 marked the fifteenth consecutive annual decrease in the number of prisoners under sentence of death in the U.S. According to BJS, 69 prisoners were admitted to state or federal death rows in 2014 and 49 were admitted in 2015. (DPIC uses a slightly different counting method that reported 73 death sentences imposed in 2014.) The data also indicates that the decline in the size of death row is attributable to factors other than execution. According to BJS, 75 prisoners were removed from death row in 2014 by means other than execution, such as exoneration, the reversal of a conviction or death sentence, commutation, or death by other causes, as compared with 35 who were executed. In 2015, 82 prisoners were taken off death row by means other than execution, while 28 death-row prisoners were executed. Over the two-year period covered by the data, 39 more prisoners were removed from death row by means other than execution than were admitted as a result of new death sentences. The gap between removals from death row and new admissions is expected to widen even further in 2016 and 2017 as a result of record-low death-sentencing rates and prisoners being removed from death row due to death-penalty statutes having been declared unconstitutional in Florida, Delaware, and Connecticut. BJS reports that 2,881 prisoners remained under sentence of death in 33 states and the federal system at the end of 2015. (Click image to enlarge.)
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Lawyers Call for Investigation of "Horrifying" Arkansas Execution After Witnesses Report "Coughing, Convulsing"
Calling eyewitness accounts "horrifying," attorneys for Arkansas prisoner Kenneth Williams (pictured) are seeking the preservation of evidence and "a full investigation" into what they described as Williams' "problematic execution." Williams' attorney, Shawn Nolan, said the lawyers had "tried over and over again to get the state to comport with their own protocol to avoid torturing our client to death, and yet reports from the execution witnesses indicate that Mr. Williams suffered during this execution." Media witnesses reported that they observed Williams "coughing, convulsing, lurching, jerking, with sound that was audible even with the microphone turned off" during his execution. According to Associated Press reporter Kelly Kissel, "Williams' body jerked 15 times in quick succession — lurching violently against the leather restraint across his chest." Kissel, who has witnessed ten executions, said, "This is the most I've seen an inmate move three or four minutes in." Nolan called the situation "very disturbing, but not at all surprising, given the history of the risky sedative midazolam, which has been used in many botched executions." A spokesperson for Arkansas Governor Asa Hutchinson dismissed the witness accounts, calling the execution "flawless" and Williams' movement an "involuntary muscular reaction." Nolan characterized the spokesperson's statement as "simply trying to whitewash the reality of what happened." Williams was the fourth person executed in Arkansas in eight days. The state had originally planned to execute eight inmates in eleven days, but courts stayed four of the executions for reasons specific to those prisoners. Experts, including former correctional officials, had warned that the rushed execution schedule increased the risk of problematic executions, and attorneys for the prisoners challenged the use of midazolam as the first drug in the three-drug execution protocol, arguing it would not adequately anesthetize the prisoner. Three days before Kenneth Williams' execution, problems were reported in Arkansas' execution of Jack Jones, but a federal judge allowed the state to proceed with the execution of Marcel Williams on the same night.
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Arkansas Performs Double Execution Amid Allegations of Botched Lethal Injection
Arkansas carried out the nation's first double execution in nearly 17 years on April 24, 2017. The state executed Jack Jones (pictured, l.) and Marcel Williams (pictured, r.) about three hours apart, with Williams' execution delayed following allegations that Jones' execution may have been botched. Williams' attorneys filed an emergency request for a stay in federal district court, saying that "Mr. Jones's execution appeared to be torturous and inhumane." The state denied the allegations, calling them "utterly baseless." According to Williams' filing, prison staff unsuccessfully tried for 45 minutes to place a central line in Jones' neck, before eventually placing one elsewhere on his body. Witnesses reported that corrections officials did not wait the mandated 5 minutes to perform a consciousness check on Jones, and that he was moving his lips and gulping for air after the sedative midazolam had been administered. U.S. District Judge Kristine Baker issued a temporary stay in response to Williams' request, held a short hearing on the issue, then lifted the stay at approximately 9:30 pm Central time. The double execution was part of an unprecedented schedule of executions set by Arkansas Governor Asa Hutchinson in order to use the state's supply of midazolam, the first of three execution drugs, before it expired. The governor initially set eight executions for an 11-day period, with two executions scheduled for each of four nights. The first two executions, set for April 17, were both stayed indefinitely, one execution was performed and one stayed on April 21. One of the prisoners scheduled for execution on April 27, Jason McGehee, has already received a stay of execution after the Arkansas Parole Board voted 6-1 to recommend that he be granted clemency. Litigation is still pending in the case of Kenneth Williams, the other prisoner scheduled for execution on April 27. [UPDATE: Kenneth Williams was executed on April 27.]
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Texas Court Stays Execution of Paul Storey Based on False Argument About Wishes of Victim's Family
The Texas Court of Criminal Appeals has issued an order staying the scheduled April 12 execution of Paul Storey. The unpublished April 7 order sends Storey's case back to the trial court to consider whether the prosecution knowingly presented false evidence about the victim's family's views on the death penalty. Storey had been scheduled to be executed on April 12. His lawyers argued that "the State denied him his right to due process because it argued "evidence it knew to be false" when prosecutors told jurors that the family of victim Jonas Cherry supported a death sentence for Storey. During the penalty phase of Storey's trial, the prosecution argued that "[i]t should go without saying that all of Jonas [Cherry’s] family and everyone who loved him believe the death penalty was appropriate." However, Cherry's parents (pictured) say they always opposed the death penalty and had made their beliefs known to the prosecution at the time of Storey's trial. They recently released a video and statement in support of clemency, saying "Paul Storey’s execution will not bring our son back, will not atone for the loss of our son and will not bring comfort or closure." Storey presented his claim as part of a second state post-conviction challenge to his death penalty. He faces the procedural hurdle of establishing that the evidence supporting this claim could not have been discovered "with the exercise of reasonable diligence" at the time he filed his initial post-conviction petition. The stay continues a recent pattern of decisions by the Texas court permitting judicial review of claims that death sentences had been procured as a result of false or unreliable prosecutorial evidence or argument. In August 2015, the Court stayed Nicaraguan national Bernardo Tercero's execution based on allegations that he had been "denied due process because the State presented false testimony at his trial." In May 2016, the court stayed the execution of Charles Flores to permit him to challenge the use of scientifically unreliable hypnotically refreshed testimony. One month later, it stayed the execution of Robert Roberson to permit him to challenge the State's use of "false, misleading, and scientifically invalid testimony” about Shaken Baby Syndrome. And in August 2016, the Court stayed the execution of Jeffery Wood to permit him to litigate a claim that prosecutors had presented false scientific evidence and false testimony from a discredited psychiatrist to persuade the jury that Wood would pose a future danger to society.
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As Supreme Court Denies Stay of Execution, Justice Breyer Urges Consideration of Death Row Conditions
On March 7, the United States Supreme Court denied a stay of execution for Texas death-row prisoner Rolando Ruiz, declining to consider his claim that the more than 20 years he had been incarcerated on death row, mostly in solitary confinement, violated the Eighth Amendment prohibition against cruel and unusual punishment. Ruiz's lawyers had urged the Court to consider this issue, writing, "At this point, a quarter-century has elapsed since Mr. Ruiz committed a contract murder in 1992, two days after he turned twenty years old. Mr. Ruiz has lived for over two decades under a death sentence, spent almost twenty years in solitary confinement, received two eleventh-hour stays of execution, and has received four different execution dates.” Justice Stephen Breyer (pictured) agreed, saying, "Mr. Ruiz argues that his execution 'violates the Eighth Amendment' because it 'follow[s] lengthy [death row] incarceration in traumatic conditions,' principally his 'permanent solitary confinement.' I believe his claim is a strong one, and we should consider it." Breyer dissented from the Court's denial of a stay, citing the Court's "serious objections" to extended solitary confinement, which date back as far as 1890, when the Court, "speaking of a period of only four weeks of imprisonment prior to execution, said that a prisoner’s uncertainty before execution is 'one of the most horrible feelings to which he can be subjected.'" He also quoted fellow Justice Anthony Kennedy, who in 2015 urged the court to consider the constitutionality of extended solitary confinement. Justice Breyer and former Justice John Paul Stevens have repeatedly questioned the constitutionality of prolonged incarceration under death-row conditions, but the Court has never reviewed the issue. Long stays on death row are increasingly common: the Fair Punishment Project estimates about 40% of death row inmates have spent more than 20 years on death row. These delays, Breyer noted in Ruiz's case, are "attributable to the State or the lower courts." Ruiz was the fifth prisoner executed in the U.S. in 2017 and the third in Texas. Prior to his execution, he expressed his remorse to the victim's family, saying, “Words cannot begin to express how sorry I am and the hurt I have caused you and your family. May this bring you peace and forgiveness.”
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Arkansas Schedules Unprecedented Eight Executions in Ten-Day Period
Arkansas Governor Asa Hutchinson signed orders on February 27 for an unprecedented eight executions to be carried out over a period of ten days in April. The scheduled dates for the four sets of double executions are: April 17, Bruce Ward and Don Davis; April 20, Stacey Johnson and Ledell Lee; April 24, Jack Jones and Marcel Williams; and April 27, Kenneth Williams and Jason McGehee. Arkansas Attorney General Leslie Rutledge asked that the dates be set after the U.S. Supreme Court on February 21 declined to review a state court decision upholding Arkansas' lethal injection protocol. Because of drug shortages and challenges to its lethal injection procedures, the state has not carried out an execution since 2005. If all eight executions are performed, it will be the first time since 1997 that a state has executed eight people in one month, when Texas conducted eight executions in both May and June of that year. No other state has conducted as many as eight executions in a single month since executions resumed in the U.S. in 1977, and no state has carried out eight executions in ten days. Scheduling two or more executions on the same day is also unusual; states have executed two or three inmates on the same day just ten times in the last forty years, and no state has carried out more than one double execution in the same week. The hurried schedule appears to be an attempt to use the state's current supply of eight doses of midazolam, which will expire at the end of April. Arkansas does not currently have a supply of potassium chloride, the killing drug specified in its execution protocol, but believes it can obtain supplies of that drug prior to the scheduled execution dates. Attorneys for the eight death-row prisoners filed an amended challenge to Arkansas' lethal injection procedures in state court on February 25 and wrote a letter to the governor urging him to reconsider the lethal injection protocol. "We believe it would be a mistake for you to uncritically accept the Supreme Court's opinion as a license to use the current protocol," the attorneys said. "Not only would our clients suffer, but so would our state's image and moral standing in the eyes of the country and the world." No state has successfully executed two prisoners on the same day using midazolam. Oklahoma attempted to do so on April 29, 2014, but called off the second execution after the botched execution of Clayton Lockett earlier that night. The eight prisoners scheduled for execution make up 23% of Arkansas' current death row.
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INTERNATIONAL: Human Rights Group, Reprieve Issues Report on Global Executions in 2016
Despite a sharp drop in executions, the United States ranked sixth among the world's executioners in 2016 behind only China, Iran, Saudi Arabia, Iraq, and Pakistan, according to a report by the British-based international human rights group, Reprieve. Maya Foa, a director of Reprieve, said "[i]t is alarming that countries with close links to the UK and [European Union] continue to occupy the ranks of the world's most prolific executioners in 2016." Questions of innocence, execution of juvenile offenders, and use of the death penalty for non-lethal drug offenses were among the top worldwide problems in the administration of the death penalty cited by Reprieve in the report. "[W]e have found children on death row, innocent people hanged, drugs offences dealt with as capital crimes, and torture used to extract false confessions," Foa said. "Countries that oppose executions must do more in 2017 to ensure that their overseas security assistance does not contribute to others states use of the death penalty.” Reprieve's analysis of global executions in 2016 found that China continues to carry out the most executions of any country, though the exact number is a state secret. Nearly half of the more than 500 prisoners executed in Iran were killed for committing drug offenses. In Saudi Arabia, those executed included juvenile offenders and political protestors. The ongoing armed conflict in Iraq made information on the country's executions difficult to obtain. Pakistan lifted a moratorium on executions in 2014, ostensibly in response to terrorism. But Reprieve found that 94% of those executed had nothing to do with terrorism. The Pakistan Supreme Court found in 2016 that two men who had been hanged were innocent. The Reprieve report also raised concerns about Egypt's high rate of death sentencing -- more than 1,800 people have been sentenced to death in that country in the last three years.
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