Missouri

Missouri

Missouri Execution Clouded by Concerns About Mental Illness and Lethal Injection

On June 9, Richard Strong was executed in Missouri, despite the fact that four Justices of the Supreme Court would have granted him a stay and despite evidence that he suffered from severe mental illness. A broad challenge to Missouri's secretive lethal injection process (Zink v. Lombardi) has yet to be resolved, and Justices Ginsburg, Breyer, Sotomayor, and Kagan voted to stay Strong's execution because of that challenge. However, five votes are needed to stay an execution. In addition, Strong's original trial counsel failed to adequately explore his mental illness and the mental problems in his family. After a fuller investigation, Strong was diagnosed with major Axis I illnesses, including: Major Depression, Obsessive-Compulsive Disorder (OCD), Post-Traumatic Stress Disorder (PTSD) and Schizotypal Personality Disorder, and Dissociative Identity Disorder. Strong's counsel asked the Supreme Court to spare his life because society's standards of decency have turned away from executing people with such severe mental problems. Strong was convicted of murdering his wife and two-year-old daughter in a brutal manner. He acknowledged the crime but could not understand why he did it. Another child was left untouched. Now 14 years old, she pleaded for mercy for her father. Gov. Jay Nixon denied clemency.

UPCOMING EXECUTIONS: Elderly Man With Low IQ and Brain Damage Facing Imminent Execution

UPDATE: An image of Cecil Clayton's brain obtained via MRI can be viewed here. The image shows the front left part of his brain is physically missing. Cecil Clayton is 74, suffers from dementia, has an IQ of 71, is missing a significant part of his brain due to an accident, and is scheduled for execution on March 17 in Missouri. His attorneys insist he should be spared because he does not understand the punishment to be carried out. Clayton sustained a brain injury in a sawmill accident in 1972, requiring removal of about 20% of his frontal lobe, which is involved in impulse control, problem solving, and social behavior. After the accident, Clayton began experiencing violent impulses, schizophrenia, and extreme paranoia, which became so severe that he checked himself into a mental hospital out of fear he could not control his temper. In 1983, Dr. Douglas Stevens, a psychiatrist, examined Clayton and concluded, “There is presently no way that this man could be expected to function in the world of work. Were he pushed to do so he would become a danger both to himself and to others. He has had both suicidal and homicidal impulses, so far controlled, though under pressure they would be expected to exacerbate.” In the past decade, six psychiatric evaluations have found that Clayton should be exempt from execution because he does not understand that he will be executed, or the reasons for his execution. However, since his execution date has been set, he has not had a competency hearing before a judge that could spare him from execution.

U.S. Supreme Court Grants Missouri Inmate New Attorneys for Federal Appeal

On January 20 the U.S. Supreme Court (7-2) granted Missouri death row inmate Mark Christeson new attorneys to assist him in pursuing his federal appeal. Christeson's appointed attorneys missed a crucial filing deadline for his federal appeal, not even meeting with him until a month after the deadline. New attorneys offered to represent Christeson, arguing that his current attorneys had a conflict of interest, since advocating for him would mean admitting their own error. The District Court and Court of Appeals both denied the request for substitution of counsel, and Christeson's execution date was set for Oct. 29, 2014. The Supreme Court granted a stay, and, in deciding the case, wrote, "[Christeson's original attorneys'] contentions here were directly and concededly contrary to their client's interest, and manifestly served their own professional and reputational interests." Fifteen former judges filed a brief in support of Christeson, saying, "[O]ur system would be broken indeed if it did not even provide him with an opportunity, assisted by conflict-free counsel, to present his case to a federal court."

EDITORIALS: St. Louis Post-Dispatch Voices Death Penalty Opposition Even in Murder of Fellow Journalist

A recent editorial in the St. Louis Post-Dispatch reiterated its opposition to the death penalty, even as Missouri prepares to execute the man convicted of killing a former Post-Dispatch reporter. Marcellus Williams is scheduled to be executed on January 28 for the murder of Lisha Gayle (pictured), who left her job as a journalist three years before she was killed. The paper noted Gayle's likely opposition to the death penalty: "It would be surprising, in light of her other causes and passions, if Lisha herself was a death penalty supporter." It then catalogued its own reasons for opposing capital punishment: "It is expensive — each case costs about $1 million more to prosecute than a capital case where the death penalty is not sought, according to one study. It serves no deterrent purpose. It can’t help but be imposed arbitrarily and capriciously. Occasionally innocent people are put to death. Occasionally, executions are botched and inmates suffer cruel and unusual pain."

NEW VOICES: Judges Call for Appellate Review Before Impending Execution

A group of 15 former state and federal judges, including a former Chief Justice of the Missouri Supreme Court, has filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in support of a stay of execution for Mark Christeson in Missouri. Christeson is scheduled to be executed on October 29, but the judges said he has not received "any meaningful federal review of his death sentence." In their brief, organized by the Constitution Project, the judges stated: "[O]ur system would be broken indeed if it did not even provide him with an opportunity, assisted by conflict-free counsel, to present his case to a federal court." The supportive appeal was signed by judges from across the country, including Nathaniel Jones, formerly of the U.S. Court of Appeals for the Sixth Circuit, Karla Gray, former Chief Justice of the Montana Supreme Court, Gerald Kogan, former Chief Justice of the Florida Supreme Court, Marsha K. Ternus, former Chief Justice of the Iowa Supreme Court, and Michael A. Wolff, former Chief Justice of the Missouri Supreme Court.

Missouri Inmates Were Given Controversial Drug Before Executions

An investigation by St. Louis Public Radio has revealed that Missouri has been administering Midazolam to inmates prior to their execution since November 2013. Midazolam is a sedative that was used in all three of this year's most seriously botched executions in Ohio, Oklahoma, and Arizona. Missouri officials had testified earlier that the state had not used Midazolam in executions and did not plan to use it. New documents, however, show that the drug was given to inmates as a sedative before the execution began, without the presence of witnesses. George Lombardi, director of the Missouri Department of Corrections, said the sedative could be given before an execution at the request of the inmate, the state, or the execution team. In two cases, inmates were given both Midazolam and valium in quantities that one medical expert, Dr. Karen Sibert, said would make it difficult to arouse the prisoner, and would tend to cause someone, "to be so deeply asleep that your airway might obstruct." Cheryl Pilate, an attorney who has represented several death row inmates in Missouri, said, "It’s very disturbing that Midazolam hasn’t been disclosed. State law requires drugs in protocol to be disclosed. There may be a serious violation of state law going on." Noting that in at least one instance Midazolam was administered about 10 minutes before the execution witnesses were ushered in, she added, "The public is denied the opportunity to witness an execution through the press."

VICTIMS: Troubling Aspects of the Death Penalty

In a recent op-ed in the Washington Post, a victim's family member in Missouri described her mixed feelings about the death penalty and the executions that have occurred there. Laura Friedman wrote, "Death penalty supporters talk of closure. That may work as a matter of process — execution rids the state and the justice system of any further involvement — but it is much more complicated for families of victims. Each envelope from the Department of Corrections, each anniversary when the crime is recounted in the paper, every discussion about the death penalty on TV — those are reopenings, not closings." Friedman said many aspects of the death penalty were disturbing: "I am troubled by the number of minorities on death row (more than half), by the preponderance of whites among their victims (about 80 percent, even though blacks and whites are victims in roughly equal numbers). I am troubled by the evidence that juries and judges make unconscionable mistakes (144 death-row inmates exonerated since 1973). And I am troubled by the pretense of execution as a medical procedure: As drug makers and medical personnel back away from participating in lethal injections, states are experimenting on condemned men with untested drug combinations and inadequately trained personnel while concealing the source, skills and methods used." She concluded with the uncertain hope that the process "will finally bring an end to killing in our lives."

Federal Judge Stays Imminent Execution Over Mental Competency Concerns

UPDATE: Middleton was executed on July 16, after the U.S. Court of Appeals lifted his stay. On July 15, a federal judge in Missouri stayed the execution of John Middleton, less than 24 hours before it was to occur. The judge was concerned that Middleton might be mentally incompetent, and hence ineligible for execution: "Middleton has provided evidence that he has been diagnosed with a variety of mental-health disorders and has received a number of psychiatric medications over the years," Judge Catherine Perry wrote in her order staying the execution. "[Other] inmates indicate that he frequently talks to people who are not there and tells stories that could not have had any basis in reality." Middleton's attorneys have also introduced new evidence to support his claim of innocence. An expert witness who supported the prosecution's case at trial has now said the murder most likely took place when Middleton was in jail in another state. Kay Parish, an attorney for Middleton, said, "Part of the reason we don't execute people with mental deficits is that they have more difficulty navigating the system. And I think that's very true in this case, and I think that's why he had trouble in the past in getting lawyers or anyone to listen to his claim of innocence or look at this evidence."

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