Posted on 02/01/2006 1:03:01 AM PST by Former Military Chick
RAIFORD, FL (AP) -- The Supreme Court on Tuesday blocked the execution of a man who drowned a woman in her bathtub a decade ago, granting a stay to a Florida death row inmate for the second time in a week.
The court, acting without its newest member, ordered Florida to stop the evening execution of Arthur Rutherford, who claims that the state's lethal injection procedure is cruel and unusual punishment.
The court's action came just as Florida was preparing to execute Rutherford and only a few hours after justices gathered privately for the swearing in of new Justice Samuel Alito. Alito did not consider Rutherford's case.
Florida inmate Clarence Hill won a Supreme Court stay last week, after he had already been strapped to the gurney. Justices said they would use Hill's case to clarify how inmates may bring last-minute challenges to the way they will be put to death. Arguments are expected this spring.
The intervention in Rutherford's case was not a surprise because he also brought a late challenge to lethal injection.
An appeals court said he could not pursue the claim.
The stay Tuesday will remain in place until justices deal with the issues raised by Hill and Rutherford.
Rutherford, 56, was convicted of robbing and killing Stella Salamon, a 63-year-old widow originally from Australia, in 1985 at her Milton, Fla., home, where the handyman had installed some sliding glass doors.
The woman was severely beaten and drowned or asphyxiated. Her body was found in a bathtub. Four witnesses testified that Rutherford either told them that he was planning to kill her or admitted it afterward.
Rutherford Timeline:
•Aug. 22, 1985: Body of 63-year-old Stella Salamon found submerged in bathtub in Milton home. She had a broken arm, bruises on her face and arms and severe head wounds. Medical examiner said she died from drowning or asphyxiation.
•Aug. 23, 1985: Arthur Rutherford arrested after getting assistance from friend to cash as $2,000 check on Salamon's account. Rutherford had done some carpentry work for Salamon. His finger and palm prints were found in bathroom where Salamon was killed.
•Sept. 11, 1985: Rutherford indicted on charges of first-degree murder and robbery with a firearm.
•Jan. 31, 1986: Rutherford found guilty of all charges.
•Feb. 1, 1986: Jury recommends death sentence by an 8 to 4 majority.
•April 2, 1986: Judge grants mistrial due to discovery violations by the state.
•Oct. 2, 1986: On retrial, Rutherford was found guilty on all charges. The jury, on a 7 to 5 vote, recommends death penalty.
•Dec. 9, 1986: Rutherford sentenced to death for murder count and 30 years on armed robbery.
•June 16, 1989: Florida Supreme Court affirms conviction and sentence.
•Oct. 30, 1989: U.S. Supreme Court denies appeal.
•Dec. 17, 1998: Florida Supreme Court denies appeal.
•Sept. 1, 2000: U.S. District Court dismissed petition for writ of habeas corpus.
•Oct. 12, 2000: Florida Supreme Court denied petition for writ of habeas corpus.
•Aug. 29, 2002: U.S. District Court again denies appeal.
•Nov. 29, 2005: Governor Jeb Bush signs death warrant.
•Dec. 20, 2002: Motion for rehearing denied for Santa Rosa Circuit Court.
•May 25, 2004: Florida Supreme Court turns down appeal.
•Sept. 27, 2004: U.S. 11th Circuit Court of Appeals affirms denial of Rutherford's petition for habeas corpus.
•Feb. 22, 2005: U.S. Supreme Court denies appeal.
•April 18, 2005: U.S. Supreme Court denies another appeal.
•July 18, 2005: Florida Supreme Court denies appeal.
•Jan. 5, 2006: Florida Supreme Court denies petition for writ of habeas corpus.
•Jan. 5, 2006: State Supreme Court denies appeal.
•Jan. 27, 2006: Florida Supreme Court denies appeal.
•Jan. 30, 2006: U.S. 11th Circuit Court of Appeals turns down Rutherford's appeal in 2-1 vote.
LOL
Justice Kenndey.
That's two executions blocked by Justice Kennedy in less than a week.
The Great State of Texas has one less having breakfast this morning that I have to help pay for.....
I'll guarantee he can hold his Mommy's hand and won't remember a thing tomorrow.
Amen to that!!
Lock him up with Teddy, Johnny "f"ing Johnny, and make him read the swimmers new book - that should do him in - if not then drowned him, shoot him, hanging him, fry him, off with his head him, poison him, run over him and on and on and on him until death do him make to part us.
The point being leave no living witness to say the punishment was cruel - just do it in all the old usual ways to be safe.
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