Posted on 08/05/2004 10:17:27 PM PDT by Paleo Conservative
ATMORE, Ala. - A 74-year-old murderer became the oldest U.S. inmate put to death in decades Thursday after courts and the governor refused to stop his execution.
James Barney Hubbard died by injection at 6:36 p.m. at Holman Prison near Atmore.
Hubbard was executed for the 1977 murder of 62-year-old Lillian Montgomery of Tuscaloosa. She was shot in the head and robbed after befriending Hubbard, who had been released from prison after serving 19 years for a 1957 killing.
Earlier Thursday, the Supreme Court voted 5-4 to deny a stay for Hubbard. His attorney contended the execution would amount to cruel and unusual punishment for someone so old and mentally incompetent.
Gov. Bob Riley rejected a request to commute Hubbard's sentence for what he called a "heinous and violent" crime.
"Justice has not been swift in this case, but justice must be delivered," Riley said.
According to the Coalition to Abolish the Death Penalty, Hubbard is the oldest person executed in the United States since 1941, when James Stephens of Colorado was executed at age 76.
In his filing with the Supreme Court, defense attorney Alan Rose said that although "Hubbard's age-based execution claim appears to raise a novel issue," it was in line with other claims of cruel and unusual punishment.
The state in arguing for the execution said that "murderers ? especially repeat killers like Hubbard ? do not deserve `leniency' merely because their life of crime does not result in the imposition of a death sentence until later in life."
Hubbard, in his federal appeals, said he didn't speak up about his mental state and health sooner because the conditions didn't exist when he was younger. Court filings on his behalf say he has been diagnosed with dementia, along with other ailments.
Hubbard appealed to the Supreme Court Wednesday after a federal appeals court denied his request for a stay.
Chief Justice William Rehnquist (news - web sites) and Justices Sandra Day O'Connor (news - web sites), Antonin Scalia (news - web sites), Anthony Kennedy (news - web sites) and Clarence Thomas (news - web sites) voted to deny the stay. Justices John Paul Stevens (news - web sites), David Souter (news - web sites), Ruth Bader Ginsburg (news - web sites) and Stephen Breyer (news - web sites) would have granted it.
Ping!
Outstanding news! Thanks for posting it.
Hubbard was executed for the 1977 murder of 62-year-old Lillian Montgomery of Tuscaloosa. She was shot in the head and robbed after befriending Hubbard, who had been released from prison after serving 19 years for a 1957 killing.
He needed killing
Justice served? Yes and No. He lived 17 more years after his 2nd murder.
"Hubbard was executed for the 1977 murder of 62-year-old Lillian Montgomery of Tuscaloosa. She was shot in the head and robbed after befriending Hubbard, who had been released from prison after serving 19 years for a 1957 killing."
Here's another reason to execute murderers, the first time. That way, you can be sure they won't kill again.
Your math is wrong. It was 27 years.
Just goes to prove you can not rehalibate the kinds of people. We do put down rabid critters too, don't we?
Oops! my mistake. Thanks!
Ronald Reagan has deservedly received lots of praise for winning the Cold War, reducing the tax burden of Americans and teaming with his wife to launch the Just Say No campaign against drugs. However, I also appreciate the Gipper's outstanding contribution to the United States judicial system, especially when it comes to fighting crime. In this case, all three of the justices Reagan appointed plus the justice he elevated to Chief Justice voted to allow the execution to move forward. That's a 4-0 record. Clarence Thomas joined them to form the majority vote of 5.
Shame on the 4 Supreme Court liberals who believe that a two-time murderering pig should be able to appeal just because he's now 74 years old. Some political reporter out there ought to try mustering up enough courage to ask John Kerry what he thinks about the court's liberal minority opinion in this case.
So, let me try and get this straight (always a real challenge with liberals and their antics): This evil degenerate has been sitting on death row wasting oxygen and eating at taxpayer expsense for more than two decades - thanks in no small part to endless leftist legal machinations (appeals, habaeus corpus petitions, etc.). Then, having delayed justice 15 years or more, the same gang of Marxist parasites (who are effectively abolishing capital puishment via endless appeals and judicial fiat while charging the taxpayer for their legal fees), brazenly whine that the prisoner is now too old to execute (one foot in the grave m the other on a banana peel, etc.). It's really quite breathtaking for the sheer level of utter hypocrisy.
That is an argument for which there is no refutation. If they are executed they cannot kill again. Period. End of discussion.
Cool.
DK
His first murder was committed in 1957. If he had been executed then, Lillian Montgomery would likely still be alive today and the taxpayers of the State of Alabama would have been spared the expense of supporting this worthless scum for the past 47-odd years.
Although it's nice to see that he's FINALLY been sent back to Hell where he undoubtedly came from, the old phrase "justice delayed is justice denied" is quite appropriate here. What about the families of the victims? For the past 47 years the first family has been suffering from their loss while knowing that the killer is only being provided with a place to live for free.
That's just for his second murder. He spent almost 50 years in prison for murder before being executed.
We've cured you dementia and all your other ailments, Mr. Hubbard.
No, don't thank us. It's all part of the service.
Hey Hubbard, don't let the gates of hell hit you in the butt on the way down.
On second thought...
You're right about the lengthy appeals process being so ridiculous. Hopefully, it wasn't a very pleasant prison facility for the two-time killer. I don't imagine it's a very enjoyable experience being in prison year after year knowing that your confinement will be ended only by execution and not a return to freedom.
Actually heard some idiot on the news lamenting that a man three quarters of a century old was executed.
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