Posted on 02/01/2006 12:18:28 AM PST by Former Military Chick
ST. LOUIS -- A federal judge in Kansas City was expected to rule Wednesday whether Missouri's administration of the death penalty is constitutional, while the U.S. Supreme Court on Tuesday denied the state's request to vacate an inmate's stay of execution.
Inmate Michael Taylor of Kansas City had been scheduled to die by lethal injection at 12:01 a.m. Wednesday. The Missouri Department of Corrections was proceeding as if the state's first execution of the year might be carried out as originally planned.
On Tuesday, U.S. District Judge Fernando Gaitan Jr. wrapped up two days of testimony from death penalty and medical experts on the way executions are carried out in Missouri.
A federal appeals court panel in St. Louis has given Gaitan until noon Wednesday to reach a decision.
Taylor's attorney, John William Simon of St. Louis, is challenging the state's three-drug method of execution, saying it creates a risk of gratuitous pain and is unnecessary to carry out the goal of "mere extinguishment of life."
Simon has said that whatever the judge's decision, he expects one of the sides to appeal.
The Supreme Court on Tuesday ordered Florida to stop the evening execution of Arthur Rutherford, who claims the state's lethal injection procedure is cruel and unusual punishment.
Rutherford's lawyer, Linda McDermott, said her client was entitled to a chance to prove that the chemical cocktail used in Florida's lethal injection process "constitutes deliberate indifference to a foreseeable risk of the gratuitous and unnecessary infliction of pain."
On Jan. 19, Senior U.S. District Judge Scott O. Wright granted a stay of execution until after he could hear arguments in mid-February on the constitutionality of the state's method of execution.
But on Sunday, a three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis ordered the case reassigned, and shortened the stay until 11:59 p.m. Friday.
On Tuesday, the state of Missouri asked the U.S. Supreme Court to vacate even that stay. But the court - which was hearing appeals on two other executions and was welcoming a new justice, Samuel Alito, who was sworn in earlier in the day - denied that request.
"We had a motion from the state to vacate a stay of execution entered by the lower court," said high court spokesman Ed Turner. "That was denied by the court."
Alito did not participate in that decision, Turner said.
Taylor pleaded guilty to first-degree murder, forcible rape, armed criminal action and kidnapping for the March 1989 killing of 15-year-old Ann Harrison.
She was waiting for her school bus when Taylor, now 39, and Roderick Nunley, now 40, forced her into their stolen vehicle. Taylor raped Harrison in Nunley's mother's basement and then helped Nunley kill her because they were afraid she would identify them.
Taylor and Nunley have said they had been using drugs and wanted to steal her purse.
Both were sentenced to death in 1991. After their sentences were overturned, they were again sentenced to death in 1994.
The Supreme Court is expected to set an execution date soon for Nunley.
Taylor Asks For Forgiveness
In a telephone interview Tuesday, Taylor told KMBC's Peggy Breit that although he hopes his appeal goes through, he is preparing to die.
"I've seen stays given to people and I've seen them taken away, within hours," Taylor said.
When Taylor found out he had at least one more day to live, he said there was no relief, because it could change at any time.
"It gives me another day to pray, to ask for forgiveness, you know, for what I'm charged with -- another day to sit back and contemplate, to think of things," Taylor said.
Breit reported that Taylor is in a holding cell of the prison in Bonne Terre, Mo., just a few feet from the execution chamber.
Taylor said many things are on his mind, including remorse for his role in Harrison's death. Taylor said his thoughts and prayers are with Harrison's family.
"But I just ask for forgiveness to my victim, for my victim's family and everything that they're going through; that God gives them strength for whatever the decision is, I hope they find closure in dealing with this whole process," Taylor said.
Last week, Taylor's parents and some supporters spoke out against the death penalty for all inmates. Taylor's mother and father were at the prison, Breit reported.
Harrison's relatives told Breit that they are letting the system takes its course, and don't want to comment on Taylor's execution.
the state's three-drug method of execution, saying it creates a risk of gratuitous pain and is unnecessary to carry out the goal of "mere extinguishment of life."
I don't know how they can argue that, the first drug knocks you out.
The idea that this has not been addressed to the satisfaction of some drives me nuts. For most of the condemned their form of death is much better than what they put their victims through. Frankly I am an eye for eye type of gal. Why be compassionate for a perp who wasn't towards their victim?
I guess that does not say much of me then, so as far as the method, who said death had to be painless we have tried to find a method that will execute in a humane manner, end of story.
Frankly give them a choice, death by firing squad, death by hanging, death by electrocution, death by gas or death by lethal injection. Seems to me if we give them that, then we are actually allowing them their choice and how can that be wrong. Yep some lawyer out there will find a way but in the end, this is the law of the land where they committed the crime. In this case he admits to it, there is NO ambiguity and it is now time to carry out his punishment and allow the victims family the ability to move forward.
That is what I call inhumane what the victims families have to go through.
Good point. Sadly they were discussing this on the news, that preparations were under way and then they did this it must be hell for the families awaiting "closure."
Thank you for the comment.
I would say give him a choice of how he wants to die or he will be dropped from an airplane at 5,000 feet. Guaranteed no gratuitous pain.
I will shoot him for a nominal fee, painless, quick, and inexpensive!
-ccm
"the woman who drowned her five children in a bathtub"
Great-grandmother likely to face murder charge
Oh, could you imagine the outrage from the left.
Oops wait a minute, where is the outrage from the left. Not a peep out of Jackson for this admitted killer on death row. Oh, perhaps that is the reason the left and anti DP do not show up still not a good media image for them to prop up.
It gives me another day to pray, to ask for forgiveness, you know, for what I'm charged withNot, "for what I did", but "for what I'm charged with".
He should be given an extra jolt of pain just for that.
DATELINE, USA FEBRUARY 1, 7567.
today, the supreme court for the ten thousandth time will rule on whether lethal injection is cruel and unusual punishment. thousands of times before, this issue has come up, but the courts need time to review this matter.
you think its sarcasm, but im not sure. just put these monsters out of their misery finally.
"gratuitous pain"????
But not for long...
Personally, public hanging is not cruel nor unusual in my book..
It is punishment fitting the crime..
Injection is completely humane, and aside from a little sting from the needle, painless..
It's better than he and Nunley deserve..
Too bad their son didn't believe this when he killed the girl. He needs to fry instead of getting an injection.... IMHO.
Oh, it's just what he is charged with--not what he actually did. Seems like Taylor had a little slip of the tongue.
Yes, the accused is now (but not in bygone years) given a choice of manner of death, albeit usually a very narrow choice. Since the penalty is death, not death by torture, society's interest is served by the most humane executions possible. It's hard to believe that lethal injection is not the most humane. That's not to say it is pleasant or painless. The human body does not yield its life force easily.
Pain can be sensed even if the subject is unconscious unless a drug like morphine is simultaneously administered.
It's criminal that the (deleted deleted) is still taking up space on the earth and breating valuable oxygen.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.