Supreme Court has cleared the way for a second federal execution

Overnight the Supreme Court has cleared the way for a second federal execution in as many days. The high court by a 5-4 vote early Thursday lifted two court orders keeping the execution of Wesley Ira Purkey on hold.

Posted: Jul 15, 2020 10:51 AM
Updated: Jul 16, 2020 8:54 AM

UPDATE: According to the BOP Wesley Ira Purkey was pronounced dead at 8:19 AM. According to News 10's Heather Good, his last words were “I deeply regret the pain and suffering I’ve caused Jennifer’s family. I’m deeply deeply sorry.” He said he also deeply regrets the pain he caused his daughter and her family.

This story will continue to be updated.

We will have more on News 10 at Midday and here

TERRE HAUTE, Ind. (AP/WTHI) — Overnight the Supreme Court has cleared the way for a second federal execution in as many days.

The high court by a 5-4 vote early Thursday lifted two court orders keeping the execution of Wesley Ira Purkey on hold.

Justice Sonia Sotomayor wrote that "proceeding with Purkey's execution now, despite the grave questions and factual findings regarding his mental competency, casts a shroud of constitutional doubt over the most irrevocable of injuries." She was joined by fellow liberal justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan.

But a lower court put an emergency hold on the execution for one hour as it weighed issues in the case, further delaying what initially had been slated for Wednesday evening at the Federal Correctional Complex in Terre Haute, Indiana.

Wesley Ira Purkey, convicted of a gruesome 1998 kidnapping and killing, was scheduled to die at the U.S. Penitentiary in Terre Haute, Indiana, where Daniel Lewis Lee was put to death Tuesday after his eleventh-hour legal bids failed.

U.S. District Judge Tanya Chutkan in Washington, D.C., imposed two injunctions prohibiting the federal Bureau of Prisons from moving forward with Purkey’s execution, but the Justice Department immediately appealed. Late Wednesday, an appeals court panel upheld one of the two injunctions, ruling Purkey should get the chance to pursue his claim that he should not be put to death because he doesn’t understand why he is being executed.

It all suggested a volley of litigation would continue into the evening, similar to what happened before the government executed Lee following a ruling from the Supreme Court. One of the injunctions imposed Wednesday would halt not only Purkey’s execution but another that has been scheduled for Friday and one in August.

Earlier Wednesday, the Supreme Court ended a separate stay by the 7th U.S. Circuit Court of Appeals in Chicago.

I am still waiting in the media center. Since I have access to my phone I am able to watch the news on the News 10 app. It’s on now!

Posted by Heather Good on Wednesday, July 15, 2020

Lee, convicted of killing an Arkansas family in a 1990s plot to build a whites-only nation, was the first of four condemned men scheduled to die in July and August despite the coronavirus pandemic raging inside and outside prisons.

Purkey, 68, of Lansing, Kansas, would be the second.

“This competency issue is a very strong issue on paper,” said Robert Dunham, executive director of the Death Penalty Information Center. “The Supreme Court has halted executions on this issue in the past. At a minimum, the question of whether Purkey dies is going to go down to the last minute.”

Judge Chutkan didn’t rule on whether Purkey was competent but said the court needed to evaluate the claim. She said there was no question he’d suffer “irreparable harm” if he was put to death before his claim could be evaluated.

Lee’s execution had gone forward a day late. It was scheduled for Monday afternoon, but the Supreme Court only gave the green light in a 5-4 ruling early Tuesday.

Repeatedly on Wednesday, a federal judge also denied a request from Dustin Lee Honken, an Iowa drug kingpin scheduled to be executed on Friday, to delay his execution. The judge said he would not delay Honken’s execution due to the coronavirus pandemic and said the Bureau of Prisons was in the best position to weigh the health risks.

The issue of Purkey’s mental health arose in the runup to his 2003 trial and when jurors had to decide whether he should be put to death in the killing of 16-year-old Jennifer Long in Kansas City, Missouri. Prosecutors said he raped and stabbed her, dismembered her with a chainsaw, burned the body and dumped her ashes in a pond in Kansas. Purkey was separately convicted and sentenced to life in the beating death of 80-year-old Mary Ruth Bales, of Kansas City, Kansas.

But the legal questions of whether he was mentally fit then are different from whether he’s fit now to be put to death. Purkey’s lawyers argue he clearly isn’t, saying in recent filings he suffers from advancing Alzheimer’s disease.

“He has long accepted responsibility for the crime that put him on death row,” one of his lawyers, Rebecca Woodman, said. “But as his dementia has progressed, he no longer has a rational understanding of why the government plans to execute him.”

Purkey believes his planned execution is part of a conspiracy involving his attorneys, Woodman said. In other filings, they describe delusions that people were spraying poison into his room and that drug dealers implanted a device in his chest meant to kill him.

While various legal issues in Purkey’s case have been hashed, rehashed and settled by courts over nearly two decades, “competency is something that is always in flux,” according to Dunham, who teaches law school courses on capital punishment.

In a landmark 1986 decision, the Supreme Court ruled the Constitution prohibits executing someone who lacks a reasonable understanding of why he’s being executed. It involved the case of Alvin Ford, who was convicted of murder but whose mental health deteriorated behind bars to the point, according to his lawyer, he believed he was pope.

“I could say I was Napoleon,” Dunham said. “But if I say I understand that Napoleon was sentenced to death for a crime and is being executed for it — that could allow the execution to go ahead.”

Purkey’s mental issues go beyond Alzheimer’s, his lawyers have said. They say he was subject to sexual and mental abuse as a child and, at 14, was diagnosed with schizophrenia, bipolar disorder, major depression and psychosis.

Last week, three mental health organizations urged U.S. Attorney General William Barr to commute Purkey’s sentence to life in prison without possibility of parole. The National Alliance on Mental Illness, Mental Health America and the Treatment Advocacy Center said executing mentally ailing people like Purkey “constitutes cruel and unusual punishment and does not comport with ‘evolving standards of decency.’”

Glenda Lamont, the mother of the slain teenager, told The Kansas City Star last year she planned to attend Purkey’s execution.

“I don’t want to say that I’m happy,” Lamont said. “At the same time, he is a crazy madman that doesn’t deserve, in my opinion, to be breathing anymore.”

President Donald Trump’s campaign touted the Lee execution in an email blast, saying the president “Ensured Total Justice for the Victims of an Evil Killer” and demanding his political opponent Joe Biden explain why he now opposes capital punishment.

There was an unofficial moratorium on federal executions after the Obama administration ordered a review in 2014 following a botched execution in Oklahoma.

On Tuesday, the Bureau of Prisons executed Daniel Lewis Lee. This was the first federal execution in around 17-years. News 10's Heather Good was a media witness for the execution. See her description here. 

WHAT DID WESLEY PURKEY DO PURKEY DO?

On January 22, 1998, Wesley Purkey violently raped and murdered a 16-year-old girl, and then dismembered, burned, and dumped the young girl’s body in a septic pond. He also was convicted in state court for using a claw hammer to bludgeon to death an 80-year-old woman who suffered from polio and walked with a cane. On November 5, 2003, a jury in the U.S. District Court for the Western District of Missouri found Purkey guilty of kidnapping a child resulting in the child’s death, and he was sentenced to death.

SOURCE: BOP

LINK | Complete Federal Execution Coverage

PROTESTS

Death Penalty Action and Terre Haute Death Penalty Resistance have promised to protest each day of the federal executions.

They were on Springhill Drive and U.S. Highway 41 in Terre Haute.

They say these executions are a political stunt and do not do justice for the victim's families.

Organizers have encouraged protesters to stay away from the prison's official protest area.

They told us prison officials have created unreasonable restrictions on time and the use of recording devices. They also say they want their voices heard.

"Well, if we were at the prison where they're shutting down the roads then nobody can get our message. If you stay here long enough, you'll hear people shouting at us. Ugly things, but you'll hear more honks and thumbs up and people applauding that we're here, so we're out here where we can be visible," Abe Bonowitz told us.

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