Oklahoma

Oklahoma

CLEMENCY: Oklahoma Board Recommends Mercy for Inmate Facing Execution

UPDATE: Gov. Mary Fallin refused to grant clemency to Davis. On June 6, the Oklahoma Pardon and Parole Board recommended clemency for Brian Darrell Davis, who is facing execution on June 25. The board voted 4-1 to recommend that Davis's death sentence be commuted to life in prison without  parole. The parole board recommended clemency after Davis took responsibility for the crime and apologized to the family of the victim. "A weight lifted off of all of us," said his mother, Yvonne Davis. "Brian does deserve a second chance." Davis was convicted of murdering his girlfriend's mother. The recommendation now goes to Governor Mary Fallin, who can approve or reject the vote. The governor also has the authority to grant a 30-day stay in order to consider the case further.

UPCOMING EXECUTIONS: Mentally Ill Oklahoma Inmate To Die Nov. 6

Garry Allen is scheduled for execution in Oklahoma on November 6, the third date set for him this year. Allen's execution has been stayed repeatedly due to questions about his mental competence. He has been diagnosed with schizophrenia as well as dementia caused by seizures, drug abuse, and a gunshot wound to his head sustained during his arrest. In 2008, the Oklahoma Pardon and Parole Board recommended that his death sentence be commuted by a 4-1 vote. Governor Mary Fallin granted a stay in order to consider the Board's recommendation, but denied clemency.  Allen murdered his wife 26 years ago, after she had left him and taken their two children.

United Kingdom Acts to Ban Export of Lethal Injection Drug

The United Kingdom has introduced restictions on the exportation of propofol after officials in Missouri announced they would begin using the anesthetic in executions. Exports of sodium thiopental, another anesthetic previously used in executions, were restricted after several states obtained that drug from DreamPharma, a drug company run out of the back of a driving school in London. Vince Cable, the U.K. Business Secretary, said, "This country opposes the death penalty. We are clear that the state should never be complicit in judiciary executions through the use of British drugs in lethal injections." The ban will not prevent export of the drug for medical purposes.

Missouri is the first state to announce its intention to use propofol in executions. All executions in 2012 have used the anesthetic pentobarbital. Lundbeck, Inc., the Danish producer of pentobarbital, announced restrictions on its distribution to avoid its use in lethal injections. Recently, manufacturing rights were transferred to a U.S. company, Akorn, Inc., but restrictions on pentobarbital's use were to stay in place.  This week, Texas announced that it will begin using pentobarbital in a new one-drug protocol for executions.  Four other states have already used a one-drug procedure.  Oklahoma, which had previously stated that it had only enough pentobarbital for one more execution, announced on July 11 that it had acquired 20 additional doses from an unnamed source.

BOOKS: "Killing McVeigh: The Death Penalty and the Myth of Closure"

A new book by Professor Jody Lynee' Madeira of the Indiana University School of Law follows the aftermath of the Oklahoma City bombing to explore whether the families of murder victims obtain closure from an execution. In Killing McVeigh: The Death Penalty and the Myth of Closure, Prof. Madeira recounts her wide range of interviews with those who experienced this tragedy first-hand. Regarding the book, Professor Carol Steiker of Harvard said, “Everyone seems to have an opinion about whether the execution of murders can offer ‘closure’ to the victims’ loved ones. Finally, we have a study that has investigated the largest, most media-saturated mass murder and execution in recent times….Madeira’s in-depth, fair-minded, and sensitive account opens a window for us into the struggles of those affected and explores the complicated role that our public institutions of criminal justice play in the complex and difficult work of reconstructing life after atrocity.”

MULTIMEDIA: Interview with Michael Selsor-Served Longest Time Between Conviction and Execution

Al Jazeera recently released a video of an interview with former Oklahoma death-row inmate Michael Selsor (pictured). Selsor was the most recent person executed in the U.S. and probably the inmate who served the longest time between conviction and execution of anyone in U.S. history.  He was first sentenced to death in 1976 for murder and was imprisoned over 36 years prior to his execution on May 1, 2012.  Although his sentence was reduced to life when Oklahoma's death penalty was overturned in 1976, he was re-sentenced to death for the same crime in 1998.  The interview was conducted in 2010 and was the only interview Selsor granted. When asked about the difference between the death penalty and life without parole, Selsor said, “The only difference between death and life without parole is one you kill me now, the other one you kill me later. There's not even a shred of hope. There's no need to even try to muster up a seed of hope because you're just gonna die of old age in here....With the death penalty sentence I'm entitled to more appeals - the government's gonna pay for it. I don't have to do it myself if I don't have the money for a lawyer which I don't have. Instead I'm relying on public defenders to do my appeals."  Selsor was also asked about how he was handling his inevitable execution: “I'm not gonna beg 'em to spare my life. I'll try to keep my head up with a little bit of dignity, and I'm gonna be buried out on Periwood Hill.”   See the video of the interview.

Oklahoma Execution Imminent Despite Board's Recommendation of Clemency

Oklahoma inmate Garry Allen (pictured) is scheduled for execution on April 12, despite a Pardon and Parole Board's 4-1 recommendation that his sentence be reduced to life without parole. In an unusual move, Mr. Allen originally pleaded guilty to murdering his girlfriend without receiving any benefit in sentencing, and has testified that he did so to spare his family and the victim's family the trauma of a trial. Allen was shot in the head at the time of his arrest.  His lawyers have argued that he is not sane and should not be executed because of his history of mental illness and alcoholism. His court records indicate "probable diagnosis is Schizophrenic Disorder, or Anxiety Disorder in a Paranoid Personality," but in 2008 a jury found him sane enough for execution. Oklahoma Governor Mary Fallin has said she has reviewed the case and does not intend to grant clemency.  UPDATE: A federal judge has granted Allen a stay to explore issues of mental competency.  Oklahoma is appealing the stay to the U.S. Court of Appeals for the Tenth Circuit (April 12, 2012).

Oklahoma Board Closely Split on First Execution for 2012

On December 5, the Oklahoma Pardon and Parole Board narrowly voted (3-2) to deny clemency to death row inmate Gary Welch, the first person scheduled to be executed in the country in 2012.  Welch was sentenced to death in 1996 for a murder that started as a fight related to a drug deal.  Welch said the victim first stabbed him with a knife and he tried to defend himself.  "To me, this was life or death. It was just luck that I survived," said Welch.  "My intentions were never to kill him.  But I also didn't intend for him to kill me either."  Welch's co-defendant, Claudie Conover, was also initially sentenced to death, but the sentence was later reduced to life without the possibility of parole.  Conover died of natural causes in 2001.  In Oklahoma, the governor makes the final decision on clemency, but must first have a positive recommendation from the Parole Board.

DPIC RESOURCES: New State Pages Now Available

DPIC is pleased to announce the completion of our State Information Pages for all 50 states and the District of Columbia.  These state profiles provide historical and current information on the death penalty for each state, including famous cases, past legislative actions, and links to key organizations and state officials.  For frequently updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database.  Readers are encouraged to send additional information, pictures, and links to organizations in their state.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

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